Based on a recent opinion from the Second District Court of Appeals, Community Associations should consider self-help/abatement rights to cure violations before filing a lawsuit for injunctive relief.
On April 13, 2022, the Second District Court of Appeal decided Mauriello v. Prop. Owners Ass’n of Lake Parker Estates, Inc., 337 So. 3d 484 (Fla. 2d DCA 2022). In Mauriello, the association sought an injunction against property owners to remedy a violation of the Association’s declaration of covenants for failing to maintain their lawn and landscaping. At the trial court, the property owners unsuccessfully argued the association was not entitled to an injunction because it had an adequate remedy at law, citing to the declaration provision allowing the association itself to remedy the violation and assess the cost of the remediation to the property owners.
Continue reading “Client Alert: Community Associations Self-Help Rights or Injunctive Relief”
The Florida Department of Business and Professional Regulation (“DBPR”) released the first 5-year adjustment to Estoppel Certificate Fees permitted under Section 718.116(8)(f), Florida Statutes, of the Condominium Act and Section 720.30851(6), Florida Statutes, of the Homeowners’ Association Act, for the maximum amount an association, or its authorized agent, may charge for preparation and delivery of an estoppel certificate. Continue reading “Client Alert: DBPR Increases Association Estoppel Certificate Fees”
Please find available here for download a “Condominium and Cooperative Milestone Inspection, Structural Integrity Reserves, and Mandatory Reserve Checklist” and “Condominium and Cooperative Milestone Inspection, Structural Integrity Reserves, and Mandatory Reserve Worksheet” for use in complying with new Florida statutory amendments to Chapters 553 and 718, Florida Statutes, enacted by Senate bill 4-D (2022) in response to the Champlain Towers South Condominium collapse.
For additional information relating to the Milestone Inspection, Structural Integrity Reserves, and Mandatory Reserve requirements, see our prior blog post or contact us directly.
Join us in-person or from the comfort of your own home for the Condominium and HOA Board of Directors Training Course. Shumaker is a division-approved education provider and this class will satisfy the requirements of Fla. Stat. §§ 720.3033 and 718.112 if completed within 1 year before or 90 days after being elected or appointed to the board.
- July 21 | Virtual |6:30 – 9:30 p.m.
- August 25 | Maggiano’s Little Italy | 6:30 – 9:30 p.m.
- September 22 | Maggiano’s Little Italy | 6:30 – 9:30 p.m.
RSVP to firstname.lastname@example.org or 813.676.7242