Condo Laws - How can you keep up?

5 years ago

Condominium Associations are tasked with a difficult assignment. They want to keep the condo running smoothly, while keeping residents and unit owners happy and still complying with laws and bylaws. No simple assignment.

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Categories: Condominium Associations
Tags: Condos and HOAs, Joshua D. Krut, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys

WSH Attorney named to First Tee of Miami-Dade Board of Directors

5 years ago

Carlos Rodriguez was recently named to the Board of Directors of the First Tee of Miami-Dade Foundation. First Tee of Miami-Dade supports the First Tee of Miami-Dade Amateur Golf Association which serves over 5,000 local youth annually providing education and activity programs that build character and instill strong values and sportsmanship through the game of golf. First Tee of Miami-Dade Foundation is part of an international youth development organization which has reached over nine-million participants in all 50 states and four international locations. Carlos is Of Counsel to the firm.

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Categories: Litigation, Condominium Associations, Awards & Recognitions, Real Estate, Business Organization and Transactions, Business Organization and Transactions
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, Carlos M. Rodriguez, Public Private Partnerships (P3)

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

6 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

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

6 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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Developers Announce Major Projects in South Florida, Including Billion-Dollar Project in West Brickell

6 years ago

Following the economic collapse of 2008, the South Florida condominium market has shown signs of a slow and steady recovery, with developers successfully unloading previously unsold units to wealthy foreign investors. Developers report that the increased demand for condominium units has prompted new construction in South Florida; in the past two years, twenty five new condominium projects have been announced. The New York Times recently ran a story on this mini construction boom, recognizing noteworthy projects like Brickell CityCentre, a $1.05 billion shopping and mixed-use development located south of the Miami River and west of Brickell Avenue. The project’s developers are working with the Whitman family, owners of Bal Harbour Shops, to turn Brickell CityCentre’s 500-square foot retail space into an attractive luxury shopping destination along with a 1,600 space underground parking lot and renovated public transportation facilities. The project’s objective is to diversify the downtown area by offering accessible luxury retail to a location traditionally associated with offices and hotels.

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Categories: Condominium Associations, Land Use & Zoning (Private), Real Estate
Tags: Stephen J. Helfman, Joshua D. Krut, Gilberto Pastoriza, Michael S. Popok, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium 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, Joseph Hernandez, Carlos M. Rodriguez
Author(s): Brooke P. Dolara

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

Blog

Condo Laws - How can you keep up?

WSH Attorney named to First Tee of Miami-Dade Board of Directors

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

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

Developers Announce Major Projects in South Florida, Including Billion-Dollar Project in West Brickell

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

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