BY ALESSANDRA STIVELMAN 2016 OCTOBER Q: I am a unit owner in a condominium association containing 189 units. We manage ourselves and wouldn’t ever want to have a management company manage our property. However, the question has often been asked as to what happens when a management company takes over. Obviously, the care and upkeep...Read More

HOLLYWOOD, Fla. – (December 2, 2016) – Serving on the board of directors of a community association, whether it is a condominium or homeowners association, entails specific responsibilities for directing management of the property and adhering to all applicable laws, rules, covenants and policies. As the end of the year approaches, the time is right...Read More

TOP REAL ESTATE LEGAL ISSUES: WHAT’S TRENDING NOW Condo Associations Want Pokémon Players to Go…Away! The Pokémon Go craze began this summer and became a global phenomenon overnight. The interactive game starts  once a player downloads the game’s app on a smartphone and sets off, either on foot or otherwise, to search for and attempt to...Read More

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TOP REAL ESTATE LEGAL ISSUES: WHAT’S TRENDING NOW HUD Seeks to Limit Use of Criminal Background Checks On April 4, 2016 the United States Department of Housing and Urban Development in light of the United States Supreme Court’s decision in Texas Dep’t of Housing and Community Affairs v. Inclusive Cmtys Project, Inc. issued a new Guidance...Read More

TOP REAL ESTATE LEGAL ISSUES: WHAT’S TRENDING NOW Quadomain Redux Associations Can Bring Own Lawsuit to Collect Florida’s Fourth District Court recently decided a case that is important to community associations throughout Florida. As a result associations can now bring their own lawsuit to collect past due assessments, even where a first mortgage holder previously...Read More

TOP REAL ESTATE LEGAL ISSUES: WHAT’S TRENDING NOW “Kaufman” Language The Importance of Applying Legislative Changes to Existing Documents In the last few years, case law has determined that certain statutory language (i.e., the safe harbor provision) is not enforceable by associations when the association’s governing documents were recorded prior to the date that the...Read More

TOP REAL ESTATE LEGAL ISSUES: WHAT’S TRENDING NOW Zombies are fictional “undead” beings created from the reanimation of a human corpse popular in movies and on television. Unfortunately, many community associations are now finding themselves dealing with “Zombie Homes.” A “Zombie Home” is created by a lender which begins but does not complete a foreclosure...Read More

TOP REAL ESTATE LEGAL ISSUES: WHAT’S TRENDING NOW December 31, 2016: Deadline for Fire Sprinkler Opt Out High­rise condominium associations that have not opted out of the fire sprinkler retrofitting requirements face an upcoming December 31 deadline. Existing, high rise residential buildings were originally required to be retrofitted with an automatic safety or engineered life...Read More

TOP REAL ESTATE LEGAL ISSUES: WHAT’S TRENDING NOW With many former delinquent unit owners foreclosed out and replaced by paying owners, community associations are generally doing better financially than several years ago. It is critical, however, to maintain a sound collections strategy. This means monitoring payments by unit owners and putting any new delinquencies into...Read More