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Order Attempts to End Select Emergency Powers Outlined in Prior DBPR Emergency Order 2020-04 On May 20, 2020, the Florida Department of Business and Professional Regulation (DBPR) issued Emergency Order 2020-06, which appears to cancel a majority of the provisions previously adopted in Emergency Order 2020-04, issued March 27, 2020 in response to the COVID-19...
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Legislative Update
May 2020      INSURER ALLOWED TO PRESENT EVIDENCE OF NON-WIND RELATED CAUSES IN ITS DEFENSE Citizens Prop. Ins. Corp. v. Kings Creek S. Condo, Inc., 45 Fla. L. Weekly D597 (Fla. 3d DCA Mar. 18, 2020) When Hurricane Wilma hit South Florida in October 2005 it caused damage to roofs at Kings Creek Condominium...
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As we continue to struggle with the social, economic, and emotional side effects of the Covid-19 pandemic, many are now looking towards re-opening and re-starting their lives. Over the course of the last few days, there has been much discussion about the re-opening of businesses and resumption of normal daily activities. There is no consensus...
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FORMER UNIT OWNER ALLOWED TO CHALLENGE ASSESSMENTS Real Estate Sols. Home Sellers, LLC v. Viera E. Golf Course Dist. Ass’n, Inc., 288 So. 3d 1228 (Fla. 5th DCA 2020), reh’g denied (Feb. 3, 2020) An investor purchased a home in the Viera East Golf Course Community at a foreclosure auction and objected to assessments made...
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On March 27, 2020 the Florida Department of Business and Professional Regulation (DBPR) issued Emergency Order 2020-04 in response to the COVID-19 crisis. It was the first time the DBPR weighed in on the global pandemic, attempting to clarify ambiguities for the thousands of community associations throughout the state. It is estimated that more than...
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Covid-19-virus
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...
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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...
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Important considerations for unit owners who wish to transfer their units to a corporate entity for estate, liability, or tax planning purposes By: Carolina Sznajderman Sheir, Esq. Alessandra Stivelman, Esq. Is a unit owner who transfers title from an individual capacity to a corporate entity or LLC required to obtain Association approval? The answer is...
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