Josh Krut and Michael Kurzman participate in program for the Aventura Marketing Council

3 years ago

On Friday, January 29th-Partners Josh Krut and Michael Kurzman participated in a program for the Aventura Marketing Council entitled, "Association Update for Condo, HOA Managers and Board Members".

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Categories: Condominium Associations, Homeowners' Associations, Community Outreach

Appeals Court Holds Condo Cannot Foreclose On Property If Bank Files Foreclosure Suit First

5 years ago

A Florida appeals court recently held that a condominium association that filed a foreclosure complaint to recover unpaid assessments could not foreclose its lien because of an existing lis pendens placed on the property by the first mortgagee. The court held that, if a bank files a lis pendens on a property, this lis pendens bars others that have an interest in the property from enforcing liens and levies against the unit unless that party intervenes in the first mortgagee’s case. While the decision is only binding in Broward and Palm Beach Counties for now, courts in other Florida counties could rely on it as persuasive authority. This decision has important implications for community associations; if an association does not record a lien against a property before the bank records a lis pendens, a court can bar the association from foreclosing on that property. Therefore, it is important for associations to record liens early so that they can “get in front of” the bank’s lis pendens. Of course, community associations must still comply with the statutory waiting periods in pre-suit collections. Condominium associations must wait thirty days after sending a demand letter to record a lien against the property, and another thirty days after recording the lien to file a complaint. Homeowners associations must wait forty-five days between each step in order to file a foreclosure complaint against a delinquent owner.

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Categories: Litigation, Condominium Associations, Homeowners' Associations
Tags: Collections, Condos and HOAs, Covenants and Restrictions, Jamie A. Cole, Edward G. Guedes, Joshua D. Krut, Michael S. Popok, Joseph H. Serota, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Matthew H. Mandel, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Community Association Law, Florida Condo Association Law, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Miami Litigation Attorney
Author(s): Joshua D. Krut & Brooke P. Dolara

Mandatory Registration with the DBPR Begins for Florida HOAs

5 years ago

The Florida Department of Business and Professional Regulation recently launched a website where HOAs must register certain information about their associations. Newly passed legislation requires an HOA’s community association manager or management firm (or the HOA where there is no community association manager or management firm) to register with the Department and provide information about the HOA before November 22, 2013. The Department will use the information provided to prepare an annual report that will be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The Department will prepare annual reports containing this information until the reporting requirement ends in 2016 (unless reenacted by the Legislature).

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Categories: Homeowners' Associations
Tags: Condos and HOAs, Joshua D. Krut, Florida Legislature, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Florida Community Association Law, Department of Business and Professional Regulation
Author(s): Joshua D. Krut & Brooke P. Dolara

It’s the Law: Broward Community Associations Must Provide Specific Reasons to Applicants When Denying Applications to Rent or Buy

5 years ago

On September 10, the Broward County Commission passed an amendment to the County Code of Ordinances that would require community associations to provide written notices to applicants regarding the status of an application to rent or purchase a dwelling, including specific reasons when rejecting an application.

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Categories: Condominium Associations, Homeowners' Associations
Tags: Condos and HOAs, Governing Documents, Covenants and Restrictions, Joshua D. Krut, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Florida Community Association Law, Florida Condo Association Law
Author(s): Joshua D. Krut

WSH Attorneys Recognized as Florida SuperLawyers

6 years ago

Florida SuperLawyers recently revealed its list of "SuperLawyers" and "Rising Stars" for 2013; each year, the magazine rates outstanding attorneys from more than seventy practice areas who have attained a high degree of peer recognition and professional achievement. The selection process for SuperLawyers includes independent research, peer nominations, and peer evaluations. This year, SuperLawyers recognized twenty WSH attorneys.

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Tiara Condominium: The Final Chapter in the Economic Loss Rule in Florida?

6 years ago

In 1987, the Florida Supreme Court decided the seminal case of Florida Power & Light Co. v. Westinghouse Elec. Corp., 510 So. 2d 899 (Fla. 1987), which marked the beginning of what would become nearly three decades of the application of the "Economic Loss Rule" (or Economic Loss Doctrine)("ELR") in Florida to bar tort claims for "purely economic losses" that were not accompanied by personal injury or damage to other property. As the Court would later explain in Casa Clara Condominium Ass'n, Inc. v. Charley Toppino And Sons, Inc., 620 So. 2d 1244, 1246 (Fla. 1993), purely economic losses are "damages for inadequate value, costs of repair and replacement of the defective product, or consequent loss of profits -- without any claim of personal injury or damage to other property." While application of the rule in Westinghouse began in the context of products liability--to bar FPL's claims in negligence for defective steam generators designed, manufactured and furnished by Westinghouse--the Court quickly expanded its use to services in the case of AFM Corp. v. Southern Bell Telephone & Telegraph Co., 515 So. 2d 180 (Fla. 1987)--to deny recovery in negligence for what amounted to a breach of contact by Southern Bell which used an incorrect phone number in an advertisement for AFM causing only economic damages.

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Florida Legislators Consider Changes to Existing Foreclosure Laws

6 years ago

For the third time since 2010, Florida lawmakers introduced a bill designed to accelerate the foreclosure process in the state. House Bill 87, otherwise known as the "Fair Foreclosure Act,” offers a number of changes to civil procedures in foreclosure cases, including limiting discovery time available to owners and requiring lenders to file the original note or certification that they have the note. The bill makes these changes retroactively, so pending cases would be affected as by the legislation. Proponents of the Fair Foreclosure Act argue that it provides community associations with leverage against banks that file foreclosure lawsuits against delinquent owners and then fail to litigate the case aggressively. By speeding up the foreclosure process, they argue, the Fair Foreclosure Act helps community associations get rid of delinquent owners who incur massive arrearages during the pendency of a long foreclosure process. Detractors counter that the bill does not incentivize the banks to prosecute a foreclosure aggressively, and that most of the changes place too great a burden on homeowners.

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Categories: Litigation, Condominium Associations, Homeowners' Associations, Civil Procedure
Tags: Collections, Condos and HOAs, Governing Documents, Covenants and Restrictions, Jamie A. Cole, Edward G. Guedes, Joshua D. Krut, Michael S. Popok, Joseph H. Serota, Florida Legislature, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Matthew H. Mandel, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Florida Commercial Litigation Lawyer, Florida Community Association Law, Florida Condo Association Law, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys
Author(s): Brooke P. Dolara

Dogs Can Be Prescriptive Medicine - How Should a Condo Association Handle This?

6 years ago

“No dogs allowed” is the mantra for many condominiums, and residents who sneak in lap dogs are subject to punishment. But what if a dog is specifically ‘ordered’ by a physician to aid with the resident’s mental health? What’s a condo association to do?

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Categories: Condominium Associations, Homeowners' Associations
Tags: Joshua D. Krut, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Florida Community Association Law, Florida Condo Association Law
Author(s): Joshua D. Krut

Federal Court Holds Condo Association Went Beyond Reasonable Inquiry into Owner's Disability

6 years ago

A Florida federal court recently held against a condominium association for violating federal and State law when it refused to grant an accommodation for an owner with an emotional support animal. The Association is a condominium association located in Altamonte Springs, Florida. The Association rules and regulations limit all pets to a maximum weight of 25 pounds. Owner Bhogaita acquired a dog weighing more than 25 pounds. The Association sent Bhogaita a notice demanding that Bhogaita remove the dog. Bhogaita responded by sending a note from his doctor, which stated that Bhogaita suffered from chronic anxiety brought on by Post Traumatic Stress Disorder, and that the doctor had prescribed an emotional support animal to help Bhogaita cope with his anxiety. The Association subsequently sent written requests for additional information pertaining to Bhogaita’s mental impairment and treatment he had received, and demanded that the dog be removed. Bhogaita sued the Association, claiming it violated the Fair Housing Act and corresponding State law by denying his requested accommodation.

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Categories: Litigation, Condominium Associations, Homeowners' Associations
Tags: Condos and HOAs, Jamie A. Cole, Edward G. Guedes, Joshua D. Krut, Michael S. Popok, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Community Association Law, Florida Condo Association Law, Florida Litigation Attorneys, Miami Litigation Attorney

WSH Broward Office Welcomes Two New Associates

6 years ago

WSH is pleased to announce the addition of two associates to the Firm. Sonja C. Darby and Mia R. Martin. Joining our Community Association, Club & Resort Practice Group, Sonja represents community associations in matters of corporate governance, compliance, and debt collection. She is skilled at mediating between competing factions of community association boards and advising boards on compliance with their governing documents and applicable laws. A member of our Real Estate Group, Sonja also has experience representing parties in the purchase, sale, refinancing and lease of properties. Licensed in Florida, New Jersey and New York, Sonja graduated from Fordham University School of Law, where she achieved Dean's List honors. A member of our Labor and Employment Law Practice Group, Mia serves as employment counsel to public sector clients and private employers in labor arbitrations, state and federal court, mediation, and before the Equal Employment Opportunity Commission. Mia has experience handling both employment litigation and non-litigation matters. Licensed in Florida and New York, Mia is a cum laude graduate of Loyola New Orleans School of Law.

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Categories: Labor and Employment, Condominium Associations, Homeowners' Associations, Real Estate
Tags: Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Real Estate Attorneys, Miami Real Estate Attorneys, South Florida Real Estate Attorneys, Fort Lauderdale Commercial Real Estate Attorneys, Miami Commercial Real Estate Attorneys, South Florida Commercial Real Estate Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Commercial Litigation Lawyer, Florida Community Association Law, Florida Condo Association Law, Florida Employment Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, Miami Real Estate Lawyer, Sonja C. Darby, Mia R. Martin
Author(s): Brooke P. Dolara

Blog

Josh Krut and Michael Kurzman participate in program for the Aventura Marketing Council

Appeals Court Holds Condo Cannot Foreclose On Property If Bank Files Foreclosure Suit First

Mandatory Registration with the DBPR Begins for Florida HOAs

It’s the Law: Broward Community Associations Must Provide Specific Reasons to Applicants When Denying Applications to Rent or Buy

WSH Attorneys Recognized as Florida SuperLawyers

Tiara Condominium: The Final Chapter in the Economic Loss Rule in Florida?

Florida Legislators Consider Changes to Existing Foreclosure Laws

Dogs Can Be Prescriptive Medicine - How Should a Condo Association Handle This?

Federal Court Holds Condo Association Went Beyond Reasonable Inquiry into Owner's Disability

WSH Broward Office Welcomes Two New Associates

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