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

STATUTE OF LIMITATIONS FOR DEFICIENCY STARTS WITH FORECLOSURE FINAL JUDGMENT Dyck-O’Neal, Inc. v. Norton, No. 2D17-4968 (2d DCA March 15, 2019) After entry of a final foreclosure judgment and foreclosure sale which did not satisfy the amounts owed pursuant to a promissory note and mortgage, the judgment creditor instituted a deficiency action seeking damages, interest,...Read More

Serving on the board of directors of a community association, whether it is a condominium or homeowners association or a co-op, comes with a lot of responsibility. Part of being a successful leader is identifying potentially problematic situations and knowing when to ask for professional help. Jed Frankel, a partner with Eisinger Law, identifies the...Read More

Condominium Association Faces Unit Owner Class Action Pinnacle Condo. Ass’n, Inc. v. Haney, 44 Fla. L. Weekly D203 (Fla. 3d DCA Jan. 9, 2019) After Hurricane Wilma and Hurricane Katrina caused structural damage to the four high-rise towers of the Pinnacle Condominium in 2005, the Condominium Association entered into two contracts to repair the damage. ...Read More

Seminole Lakes Homeowner’s Ass’n, Inc. v. Esnard, 4D18-15, 2018 WL 6681726 (Fla. 4th DCA Dec. 19, 2018) After they were hit in a rear-end car accident inside the Seminole Lakes Community, two plaintiffs sued the Seminole Lakes Homeowners Association claiming that it negligently allowed parking on both sides of the streets, in violation of rules in...Read More

In a decision of particular interest to purchasers of new homes, including those in planned communities, Florida’s Fifth District Court of Appeal recently ordered home buyers and the builder of their homes to arbitration to resolve construction defect claims. After experiencing water intrusion and identifying other alleged construction defects, four buyers brought suit against the...Read More