Category Archives: Community Association Law

Potential New Strategies for Defending Assignment of Benefits Claims In Losses That Involve Homestead Property

I n recent years, assignment of benefits claims have become one of the biggest problems facing homeowners’ insurance carriers in Florida. This is evident from the substantial rise in the number of lawsuits filed in these types of claims each year. In fact, in some instances, there may be multiple assignments for a single occurrence Read More…

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Florida Community Association Litigation: Homeowners’ Associations and Condominiums

Florida Community Association Litigation: Homeowners’ Associations and Condominiums See an Excerpt Attorneys that practice community association law regularly prosecute and defend against claims that sound in the law of contracts, real property, civil rights, and more. Each of these topics is discussed to provide the reader with a set of practical tools that may be Read More…

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Architectural Controls (Community Association Quarterly)

Homeowners’ Association Architectural Controls A homeowners’ association may adopt written standards to control the external aesthetics of the property within its purview. To be enforceable, the architectural controls must be set forth in the declaration or other published guidelines authorized by the declaration. The board of directors, or any architectural committee, derives its authority to Read More…

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Fair Housing Act Claim Analysis (Community Association Quarterly)

  In Florida, fair housing litigation typically includes just a few distinct types of claims. Claims often arise from alleged discrimination in the sale or rental of housing. Florida Statutes § 760.23 states, “It is unlawful to refuse to sell or rent … or otherwise to make unavailable or deny a dwelling to any person Read More…

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Transfer Restrictions (Community Association Quarterly)

There is a great deal of community association litigation on the ability of homeowners’ and condominium associations to place restrictions on property transfers. Those who challenge restrictions on property transfers allege their right to transfer their property is being unreasonably restrained. Restrictions that unreasonably restrain the right of a property owner to transfer his or Read More…

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Introduction to Fair Housing Litigation (Community Association Quarterly)

Community associations, through the board of directors, have a great deal of control over the provision of housing in their communities and the conditions and privileges associated therewith. Whether they are aware of it or not, the membership of the community entrusts an owner with significant power in electing them to the board. The directors Read More…

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Community Association Litigation. Miami: Daily Business Review Books, 2013. Print.

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Introduction to Covenant Enforcement Disputes (Community Association Quarterly)

By purchasing property in a community governed by a homeowners’ or condominium association, owners agree to comply with the association’s governing documents, rules, and regulations. Chapter 720 and the Condominium Act provide that each member of a Florida community association, their tenants, guests, and invitees, must comply with the governing documents and the rules of Read More…

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Assessment Collection (Community Association Quarterly)

Assessments are often a community association’s only source of income. Without regular payment of assessments, community associa­tions in financial distress downgrade amenities, close recreational facili­ties, lay off staff, and reduce security. This has a negative impact on quality of life, happiness, safety, and prop­erty values, but is the only option for many communities suffering in Read More…

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Slander of Title (Community Association Quarterly)

With condominium and homeowner’s associations still rebounding from the 2007 housing crisis, many communities are plagued with unit owners that have failed to meet their financial obligations. An association member’s failure to pay assessments can have dire effects on an association’s financial well-being and directly impact the prosperity, appearance, and operation of a community. Luckily, Read More…

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