I was lucky enough to be on vacation the past two weeks. On my last day, I woke up to the tragedy that was unfolding in Dade County as the Champlain Towers South Condominium came crashing down in Surfside. There are still over 150 people missing or unaccounted for. Before commenting on this devastation that…
Year: 2021
THE COST OF CRIME
I worked my way through college by working at The Brooklyn District Attorney’s Office. I loved my job. I would interview defendants to determine if community service was a more appropriate punishment than incarceration. If I was convinced that the defendant could be trusted, I would send him or her to a church, nursing home,…
MASTER ASSOCIATION V. SUB ASSOCIATION – WHO WINS?
A very interesting case was just decided by Florida’s Second District Court of Appeal. RIVIERA-FORT MYERS MASTER ASSOCIATION, INC., v. GFH INVESTMENTS, LLC. 2020 WL 7767856. To simplify, in a mixed-use community, meaning a community made up of commercial property and residential housing, the Master Association adopted seven amendments to the community’s master declaration. The…
MY MEMORIAL DAY
Today is the day we honor all of the amazing men and women who fought and died for this country. There are not enough words to thank them for their service, for fighting for independence, for preserving democracy, stopping fascism, preventing the spread of communism and attempting to quash terrorism. Every single one of them…
HERE ARE THE NEW LAWS EFFECTIVE JULY 1ST
So the Florida Legislature has ended their session and I’m sure everyone wants to know what association laws passed this year. So here we go….. Subrogation New law: If a condominium association’s insurance policy does not provide rights for subrogation against the unit owners in the association, an insurance policy issued to an individual…
HERE ARE THE NEW LAWS EFFECTIVE JULY 1 ST
So The Florida Legislature has ended their session and I’m sure everyone wants to know what association laws passed this year. So here we go….. Subrogation New law: If a condominium association’s insurance policy does not provide rights for subrogation against the unit owners in the association, an insurance policy issued to an…
IS YOUR FINING PROCESS FINE?
Prior to 2010 Florida law only allowed the association to fine for violations of the governing documents, if the authority to fine was contained in the declaration or bylaws. In 2010, the law changed and associations had the power to fine, even if the power to fine was not contained in the governing documents. There’s…
HERE ARE THE NEW LAWS EFFECTIVE JULY 1ST
So The Florida Legislature has ended their session and I’m sure everyone wants to know what association laws passed this year. So here we go….. Subrogation New law: If a condominium association’s insurance policy does not provide rights for subrogation against the unit owners in the association, an insurance policy issued to an…
LIMITING ACCESS TO RECORDS – IT AIN'T EASY
Almost every association I ever represented complains about the community pest who won’t stop asking for access to records. Can the association stop it or at least limit it? Florida Statute 718.111 (12) states: The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying. The failure…
IOWA SUPREME COURT BRINGS COMMON SENSE TO THE EMOTIONAL SUPPORT ANIMAL ISSUE
The Supreme Court of Iowa came out with a big decision regarding emotional support animal law that I’m hoping Florida eventually follows as well. Karen Cohen vs. David Clark And 2800-1 LLC. This case involves a tenant with pet allergies who deliberately moved into an apartment building due to its no-pets policy. However, later on,…