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
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
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
Alessandra Stivelman e Carolina Sznajderman Sheir da firma Eisinger, Brown, Levis, Frankel & Chaiet em Hollywood enfocam a sua prática em lei de a sua prática em leis de associações comunitárias e “Real Estate Laws”. As recentes mudanças e tendências políticas na imigração do presidente Donald Trump refletem certas ideologias da comunidade dos Estados Unidos...Read More
November, 2019 GOOGLE MAPS PHOTOGRAPH NOT ADMISSIBLE AS EVIDENCE City of Miami v. Kho, 44 Fla. L. Weekly D2555 (Fla. 3d DCA October 16, 2019) Photographic evidence often plays a critical role at trial. Google and other services make photographs available on their sites for public use, at no charge. As this recent case illustrates, the rules...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
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...Read More
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...Read More