As I write this blog, there is a threat of a tropical storm forming off the coast of Florida and there’s another potential storm brewing in the Atlantic. So, we are entering the peak of hurricane season. Get ready. Be prepared. I’m happy to say that after being without electricity after Wilma and Irma,…
Year: 2019
A LITTLE KNOWLEDGE IS DANGEROUS
The internet has allowed condominium and HOA owners access to the Florida Statutes, the HOA statutes, the Florida Administrative Code, case law, and all kinds of articles on community association law. While that is a good thing, it has unfortunately empowered some owners to think they have enough knowledge and ammunition at their disposal to…
BE CAREFUL OF WHAT YOU WISH FOR
I’m writing this column sitting in the airport in Amsterdam, waiting to switch airplanes and come home after a truly glorious vacation. I didn’t want to wait to write the column until I got home out of fear I would forget too much. Over the past two weeks, me, my wife and my two…
A LABOR DAY TRADITION CONTINUES-3
Dominic Devoted has been the President of Broken and Bruised Condo for as long as he cares to remember. He longs for Labor Day because he knows that even the condo trouble makers understand what Labor Day stands for. Even they know not to bother him on what should be the holiest of holy days…
IS DEBATE AND PROPER DECORUM POSSIBLE ANY LONGER?
Maybe it’s the media’s fault, talk radio, reality TV, our medications, our upbringing or a simple degradation of how we feel and respect each other, but it seems that pure debate has been replaced with vulgarities, interruptions and even threats, both physical and verbal. One of the worst inventions in terms of human behavior is…
WATCH THE PEOPLE WHO ARE WATCHING YOUR MONEY
I was involved this week in yet another situation where an association’s money was stolen by their management company. Literally take out of their account by a management company employee and diverted to his own. He was bright enough to create an elaborate system that made it appear legitimate bills were getting paid, but…
WHAT’S WORSE: OVER SPENDING OR UNDER SPENDING?
I just got back from New York and New Jersey. My sister bought a beautiful condo in Jersey and I went to visit. She showed me around the community. Her specific condo building was in fantastic shape. Carpets in the hallway looked great. Walls looked good. Handsome to say the least. We then went to…
FIGHTING IN YOUR HOA? DON’T WAIT! MEDIATE!
The HOA statute does do one thing right. It requires the parties to a dispute to submit that dispute to an arbitrator before going to court. Florida Statute 718.311 states: (2)(a) Disputes between an association and a parcel owner regarding use of or changes to the parcel or the common areas and other covenant enforcement…
IT’S BACK TO SCHOOL TIME-PART 4
It’s the end of the summer. Millions of kids across our state have to suck it up and return to school. And if the kids have to endure school for the next ten months, all of you can endure a measly three hours. I’m talking of course about Condo and HOA Board Certification and Legal…
NEW CASE MAKES IT HARDER TO SUE A CONDOMINIUM ASSOCIATION
In Iezzi Family Limited Partnership, v. Edgewater Beach Owners Association, Inc., the owner of a condominium unit filed a 27-count complaint against the condominium’s Association and seven current or former directors or officers of the Association, seeking both equitable and legal relief. The trial court dismissed Iezzi’s action, finding that its claims were derivative…