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New Fannie Mae and Freddie Mac Guidelines Aim to Curb Foreclosures, Facilitate Short Sale Process

The Federal Housing Finance Agency (“FIFA”), the regulatory agency governing Fannie Mae, Freddie Mac and the Federal Home Loan Banks, recently promulgated new guidelines to facilitate approval for eligible borrowers for a short sale.

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Categories: Condominium AssociationsHomeowners' AssociationsReal Estate
Tags: CollectionsCondos and HOAsJonathan CohenJoshua D. KrutFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Real Estate LawyerMiami Real Estate Lawyer
Author(s): Brooke P. Dolara

Condos Should Check Insurance Policy to Ensure Compliance

As South Florida nears the second half of hurricane season, many community associations are bombarded with questions from unit owners regarding insurance coverage on the condominium property. More often than not, owners want to know whether property damage to their specific unit is covered under the association’s insurance policy. Fortunately, the Florida Condominium Act, 718.001 et seq. and 718.111(11)(f) in particular, provide associations with guidance in identifying what they are obligated to cover.

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Categories: Condominium Associations
Tags: Condos and HOAsJoshua D. KrutFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFlorida Condo Association Law

WSH Partner Josh Krut Discusses Responsibility for Mold Remediation in Cooperatives

For South Florida residents, mold infestations are an unfortunate byproduct of the humid tropical summers.  Eradicating mold can be costly and time-consuming.  For people living in shared communities, the question of whether the owner or association is responsible for mold remediation may be puzzling.  WSH Partner Joshua D. Krut, who chairs our Community Association, Club and Resort Practice Group, recently spoke with the South Florida Cooperator about what responsibilities cooperatives owe their residents with respect to paying for mold remediation. 

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Categories: LitigationCondominium AssociationsHomeowners' AssociationsReal Estate
Tags: Condos and HOAsJonathan CohenJamie A. ColeEdward G. GuedesJoshua D. KrutMichael S. PopokJoseph H. SerotaFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysMatthew H. MandelFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Condo Association LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Real Estate LawyerMiami Litigation AttorneyMiami Real Estate Lawyer
Author(s): Brooke P. Dolara

Condos and HOAs: A How-to On Running An Effective Board Meeting

One of the most common problems community association boards face is difficulty conducting an efficient board meeting. Many board meetings are plagued by disorganization, bickering, and other time-wasting habits. This unpleasantness can be lessened, and even eliminated, by the adoption of a fair and uniform meeting protocol.  According to WSH Partner Joshua D. Krut, who chairs the firm's Community Association, Club and Resort Group, a few simple tweaks in procedure can have even the most combative boards functioning properly.

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Categories: Condominium AssociationsHomeowners' Associations
Tags: Condos and HOAsJoshua D. KrutFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFlorida Condo Association Law
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WSH Partner Josh Krut Discusses Condominium Associations and Permissible Religious Displays by Unit Owners

Earlier this month, WSH Partner Joshua D. Krut sat down with Aventura News to discuss permissible displays of religious faith by condominium unit owners on the doors to their units. The topic stemmed from a legal battle in Connecticut in which a condominium association threatened to fine a unit owner $50 per day until she removed a mezuzah from her doorpost. Arguing that other unit owners were permitted to display crucifixes and wreaths on their doors without penalty, the owner and her attorneys persuaded the condominium association to permit the unit owner to display the mezuzah without incurring any fine.

You can read a copy of the article here.

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Categories: Condominium Associations
Tags: Condos and HOAsGoverning DocumentsCovenants and RestrictionsRule EnforcementJoshua D. KrutFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFlorida Community Association LawFlorida Condo Association Law
Author(s): Brooke P. Dolara

Dog Ownership in Condos - What's Everybody Barking At?

Rule enforcement at community associations can be problematic enough when dealing with delinquent owners and rowdy neighbors. However, managers and board members may have an equally difficult time enforcing the rules when it comes to owners’ most beloved companions – their pets.

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Categories: Condominium AssociationsHomeowners' Associations
Tags: Condos and HOAsGoverning DocumentsCovenants and RestrictionsRule EnforcementJoshua D. KrutFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFlorida Community Association LawFlorida Condo Association Law
Author(s): Joshua D. Krut & Brooke P. Dolara

DNA Testing For Dog Waste – Condominium Association Gets Tough On Owners Who Don’t Clean Up

Fed up with owners who refused to pick up their pets' waste, the Village of Abacoa Condominium Association implemented a policy to have pets' DNA tested and then use the results to determine which dogs were defecating on the property. The policy created a rift between supporters who were tired of putting up with dog waste on the property and other owners arguing that the policy was costly, ineffective, and would lead to a number of lawsuits.

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Categories: Condominium Associations
Tags: Condos and HOAsGoverning DocumentsRule EnforcementJoshua D. KrutFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFlorida Community Association LawFlorida Condo Association Law
Author(s): Brooke P. Dolara

MRTA Puts An Expiration Date On Land Restrictions...But HOAs Can Protect Their Covenants

Most people who buy houses in a homeowners' association are cognizant of the covenants and restrictions contained in their deeds. These restrictions allow associations to maintain uniformity in design and appearance among the various parcels. However, what some homeowners don't know is that if these covenants and restrictions aren't renewed within thirty years of recording, they expire and become unenforceable.

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Categories: Homeowners' Associations
Tags: Condos and HOAsMRTAGoverning DocumentsCovenants and RestrictionsJoshua D. KrutFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFlorida Community Association Law
Author(s): Joshua D. Krut & Brooke P. Dolara

Southern District of Florida Dismisses ILSA and Personal Fraud Claims Against Developer With Prejudice

Recently a pre-construction purchaser of a unit in a stalled condominium project in Sunny Isles, Florida asserted multiple claims in federal court against the project's developer and its employees. In addition to the standard breach of contract claim, the plaintiff also attempted to allege multiple violations of the Interstate Land Sales Act ("ILSA") and Florida Deceptive and Unfair Trade Practices Act ("FDUTPA") as a class action on behalf of all other contracted unit-purchasers.

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Categories: LitigationCondominium Associations
Tags: Condos and HOAsJamie A. ColeEdward G. GuedesJoshua D. KrutMichael S. PopokILSAFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Michael S. Popok & Samuel I. Zeskind

Condo Owner Files Bankruptcy...Collection Efforts End? Not Necessarily...

Most well-informed Florida condominium and homeowners' association boards know that the filing of a petition in bankruptcy court by a unit owner halts direct collection efforts. What most boards do not understand, however, is that the mere filing of a Chapter 7 or Chapter 11 petition does not discharge that debtor's post-bankruptcy filing obligations to the association – even when the debtor "surrenders" the property in the bankruptcy or otherwise moves out of the subject unit.

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Categories: LitigationCondominium AssociationsBankruptcy & Creditors’ RightsHomeowners' Associations
Tags: Automatic StayCollectionsChapter 7 BankruptcyChapter 11 BankruptcyCondos and HOAsJoshua D. KrutAleida Martinez MolinaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Aleida Martínez Molina