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HOMEOWNERS ORDERED TO ARBITRATION Hayslip v. U.S. Home Corp., 276 So. 3d 109 (Fla. 2d DCA 2019)A Several years after purchasing a home from the original buyers, the Hayslips discovered defects in the stucco system and sued the developer for construction defects and violation of the Florida Building Code. The developer moved to compel arbitration...
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If a Unit Owner who suffers from a disability which impairs mobility requests the installation of a ramp on the common elements, or some other structural modification to permit him/her the beneficial use and enjoyment of the property, is the Association obligated to comply? As always, the legal answer is “it depends”. A reasonable modification...
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Eisinger, Brown, Lewis, Frankel and Chaiet, P.A, is pleased to provide a summary of relevant legislative updates to the 2019 Florida Condominium Act, the Florida Homeowners Association Act and other relevant statutes. There were not any major changes during the past session as lawmakers passed about 10 percent of bills that were filed. However, there...
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WHAT: Condominium and Homeowner Association board members, as well as property managers, are cordially invited to attend a free Spanish-English language Board Certification Course hosted by Eisinger Law and Affinity Management Services. The educational program is the ideal introduction for all new board members and a great review for anyone currently serving on a board. Complimentary...
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September, 2019 FLORIDA BUILDING CODE VIOLATION PRIMA FACIE EVIDENCE OF NEGLIGENCE Parker v. Shelmar Prop. Owner’s Ass’n, 274 So. 3d 1219 (Fla. 5th DCA 2019) A woman tripped on a parking lot wheel stop located near the egress of the building and sued the property owners association responsible for maintaining it alleging that the association...
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As the old saying goes, ‘every man may justly consider his home his castle and himself as the king thereof.’  However, when purchasing a condominium unit, your powers as king (or queen) and the ability to do as one pleases within your castle are greatly limited.  The fact is that most purchasers of condominiums are...
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August, 2019 APPELLATE COURT REJECTS CONDO BUY-OUT ATTEMPT  All Seasons Condo. Ass’n v. Patrician Hotel, LLC, 44 Fla. L. Weekly D1036 (Fla. 3d DCA April 24, 2019) After its board of directors unanimously voted to sell a beachfront condominium, the association entered into a purchase and sale agreement with a real estate investor.  The agreement...
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If you live in Florida, you undoubtedly share a home with the green iguana, a non-native species that has proliferated in the tropical climate of the Sunshine State. While some residents are happy to share their territory with the reptiles, which can grow to up six feet in length and weigh more than 20 pounds,...
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HOLLYWOOD, Fla. – (July 23, 2019) – The law firm of Eisinger, Brown, Lewis, Frankel & Chaiet, P.A. announced that Carolina Sznajderman Sheir has been promoted from associate attorney to partner. Sheir focuses her law practice on community association law, real estate law, commercial litigation, and developer representation. “On behalf of the entire firm, we are...
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