As you all know, Florida law currently mandates that condominium “disputes” are mediated before arbitrators who are employed by the DBPR, rather than being litigated in a court of law. Florida Statute 718.1255 states: LEGISLATIVE FINDINGS.— (a) The Legislature finds that unit owners are frequently at a disadvantage when litigating against an association. Specifically, a condominium…
Year: 2020
IS YOUR CONDO WEBSITE UP AND RUNNING?
The minute it struck midnight on New Year’s Eve, large scale condominium associations were required by law to have their own website. I’m proud to say I had a hand in getting this law passed. When the law was first drafted, it was only to apply to associations that had 500 or more units. This…
SO WHAT MAY BE IN STORE FOR 2020– PART 2?
Last week we blogged about some association bills that were filed in Florida’s Legislature. I thought two were bad but one was good. Here are some more: CS/HB 0623: Provides that if a condominium association’s insurance policy does not provide rights for subrogation against the unit owners in the association, an insurance policy issued…
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…
AIR BNB UPDATE AND –REQUIRING THAT YOU INTRODUCE YOURSELF
A very interesting courtroom battle was decided at Florida’s 3rd District Court of Appeals last month. In The City of Miami v. Air BNB, the facts were that the City of Miami was attempting to enforce provisions of its zoning code which would in effect tailor or prevent the right of residents in certain areas…
AIR BNB UPDATE AND –REQUIRING THAT YOU INTRODUCE YOURSELF
A very interesting courtroom battle was decided at Florida’s 3rd District Court of Appeals last month. In The City of Miami v. Air BNB, the facts were that the City of Miami was attempting to enforce provisions of its zoning code which would in effect tailor or prevent the right of residents in certain…