By: Carolina Sznajderman Sheir, Esq. and Alessandra Stivelman, Esq. It is estimated that 70 percent of Floridians either live in a community association such as a condominium or homeowner’s association. With residents living in relatively close quarters to their neighbors and sharing common areas, it’s understandable there is a rising concern and heightened anxiety about...Read More

STRANGE BEHAVIOR DOES NOT WARRANT STALKING INJUNCTION Sinopoli v. Clark, 45 Fla. L. Weekly D296 (Fla. 2d DCA February 7, 2020) A homeowner became frightened over her neighbor’s conduct that she felt had become intrusive and disturbing over the course of several years – including cutting down much of the foliage that had created a...Read More

Loud Noises, Foul Odors, Shake the Walls Vibrations, Barking Dogs and Late Night Dancers – Is it a Nuisance? WHAT: Condominium residents and board members are invited to attend a free Condo Rights Workshop to explore a variety of nuisance topics: from loud noises at all hours, barking dogs, cigarette smoke, confrontations with neighbors, hoarding...Read More

American with Disability Act Requirements and Potential Legal Consequences When Going Digital By: Carolina Sznajderman Sheir, Esq. and Jonathan Garber Like it or not, many Florida condominium associations are now digital. As of January 1, 2019, Florida condominium associations with 150 or more units are required to maintain a website pursuant to Fla. Stat. §718.111(12)(g)....Read More

January 2020 PRIVATE AVIATION COMMUNITY MEMBERSHIP TERMINATED Naked Lady Ranch, Inc. v. Wycoki, 44 Fla. L. Weekly D2787 (Fla. 4th DCA November 20, 2019) A member in a private aviation community consisting of fifty private residences paid a private pilot to fly him and several co-workers out of the community’s airport several times per week. ...Read More

One of the biggest complaints expressed by association unit owners is the lack of transparency and/or access to information regarding the operations of the association. It seems that vital operative documents such as the Declaration, By-Laws, meeting minutes, contracts, and bank statements are a mystery to most owners. This mystery is actually a myth, as...Read More

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...Read More

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...Read More

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...Read More

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,...Read More