Year: 2024

We too often here about a child drowning in a body of water.  So many of our beautiful communities are built next to a natural lake or contain man-made lakes.  It begs the question…..Can a developer face liability if a child drowns in a river or other body of water?  That question was answered in…

Wayside is a small, ten-home, self-managed homeowners’ association located in Seminole County. Pecchia and Porter both respectively own homes within Wayside. As members of the association, Pecchia and Porter were concerned that Wayside was failing to adequately maintain the association’s common elements, and that it also was not enforcing violations of the CCRs against homeowners.…

Oftentimes, condominium associations amend their documents in an attempt to prevent an owner from owning more than one condominium unit.  The question is, can that legally be done? The case of Tropicana Condominium Ass’n, Inc. v. Tropical Condominium, LLC, 208 So.3d 755, 759 (Fla.App. 3 Dist., 2016) truly lays out many tests that courts must…

Last week I made it clear that Floridians better understand that if they cannot afford the mandatory wave of special assessments that are coming for inspections, repairs and reserves they better put their condo up for sale, and fast,  before a foreclosure is ultimately filed against them for failing to pay the association.  It doesn’t…

We are living in some incredible times right now in the world of condominiums.  Many years from now, we will look back at the last few years as the years that changed the Florida condominium law landscape forever.  We will always give credit to the unfortunate 98 victims of The Champlain Towers tragedy in Surfside…

Wow!  How quickly things change.  We’ve spoken about on the Condo Craze and HOAs show about a recent Miami case involving the Biscayne 21 Condominium, where its’ declaration of condominium stated that the condominium can only be terminated with a 100% vote of the owners.  However, the declaration could be amended by a vote of…

  Even the possibility of The Florida Legislature going into Special Session in order to solve this alleged condo crisis is insane.  You know why?  Because our legislators had the guts to fix it two years ago after 98 innocent victims perished in a condominium building that was in a terribly poor, dangerous and unsafe…

Last week in my blog, I discussed how developers attempt to buy enough units in order to vote to Terminate the condominium.  By doing so, the developer files a plan of termination, and buys up all the units.  We also spoke about the fact that in some condominiums, a vote of 100% of the owners…

Let me tell you what you should be looking for in your condominium documents after you stop reading this: the provisions in your declaration of condominium allowing termination of the condominium itself. We know that condo assessments have doubled, tripled or even quadrupled in many instances due to increased insurance premiums, mandatory inspections, mandatory repairs…

When our blog was published last week about the new powers of the DBPR, some owners in HOAs really were appalled.  They still can’t believe that they can’t go to the DBPR for help but condominium owners are perhaps now getting all the help they need.               Florida Statute…