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.…
Month: September 2024
CAN A CONDO PREVENT OWNERSHIP OF MORE THAN ONE UNIT?
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…
IT’S TIME FOR BANKS OR OUR GREAT STATE TO COME TO THE RESCUE
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…
WARNING…IF YOU’RE STILL THINKING THAT IT WON’T HAPPEN……
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…
TERMINATION: NOW YOU SHOULD BE SCARED TO DEATH OF IT
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…