Assignment of Condominium Limited Common Element Use Rights

Morrell_Clinton

Clinton Morrell

Condominiums are comprised of “units” owned by individual owners and “common elements” owned collectively by all owners. Pursuant to Chapter 718, Florida Statutes, “units” include all areas designated as such in the particular condominium’s governing documents, while “common elements” includes all other real property of the condominium which is not included within the units. Typical examples of common elements include pools and clubhouses. Generally, all owners are equally entitled to utilize the common elements of the condominium. Continue reading

Two’s Company, but Three’s a Crowd: A Third Party’s Right to Intervene in a Foreclosure Lawsuit

Jason Davis

Are subsequent title holders who obtain an interest in real property during the pendency of a foreclosure lawsuit where a lis pendens has been properly recorded (referred to as a “Purchaser Pendente Lite”), entitled to join in the lawsuit to protect that interest? In Bonafide Properties v. Wells Fargo Bank, N.A., 198 So.3d 694 (2d DCA 2016) the Second District Court of Appeal says no and affirms the long standing doctrine of generally barring the intervention of a purchaser pendente lite in a pending lawsuit for foreclosure. Continue reading

Restrictive Endorsement

Jonathon Ellis

Restrictive endorsements when coupled with payment are still applicable to associations.

As many may remember, The Florida Legislature amended Florida Statutes §718.116 and §720.3085 to include language relating to the applicability of restrictive endorsements, designations or instruction accompanying payments made for delinquent assessments.  Specifically, Florida Statutes §718.116(3) and §720.3085(3)(b) state as follows: Continue reading

What Information Is My Community Association Required to Provide in Relation to Sales of Units?

Clinton Morrell

Clinton Morrell

During transfers of properties in condominiums or other planned communities, community associations are frequently contacted by prospective buyers, lenders or realtors with requests for information pertinent to the transfer. Often, these requests seek detailed information about a broad range of topics related to the condition and operation of the community. Complying with such requests can become extremely time-consuming for directors or property managers tasked with preparing the responses. Fortunately, community associations are not required to provide any information to prospective buyers, lenders, or realtors under Florida law. Continue reading

Recent Changes to the Florida Statutes Governing Homeowners Associations

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Monica Johnson

Does your homeowners association require nominations from the floor for an election to the board of directors? Recent changes to the Florida Statutes governing homeowners associations have given some associations the right to forego accepting nominations from the floor during an election of board members.  However, your association should analyze its governing documents for compliance with the statutory requirements prior to refusing to accept nominations from the floor.         Continue reading

Shumaker, Loop & Kendrick, LLP Announces Complimentary Community Association Board Member Education Certification

Ellis_JonathonBoth Florida Statutes Chapters 718 and 720 require newly elected condominium and homeowners’ association board members to read their association’s governing documents and certify in writing that they will fulfill the obligations of their office. In lieu of such certification, new board members may complete an education curriculum administered by a division-approved education provider within 90 days of their election. Continue reading

Limitations on Community Association-Imposed Solar and Renewable Energy Restrictions

Clinton Morrell

Clinton Morrell

Due to its climate, Florida – the “Sunshine State” – is ideally situated to take advantage of unlimited and environmentally friendly solar energy. In the last two decades, the price of solar collectors has dropped significantly in cost and many individual homeowners are now finding solar panels to be a cost-effective method to reduce their home energy costs. Although solar energy collection technology which will blend seamlessly into our homes and office buildings is on the horizon, today’s commercially available solar collectors are typically bulky and, as a result, highly visible. The high visibility of the solar collectors often leads community associations to adopt measures seeking to limit, or eliminate altogether, the ability of homeowners to install solar collectors on their property. However, Florida Law provides substantial protection to homeowners wishing to install solar collectors and other renewable energy devices on their properties. Specifically, Florida Statutes § 163.04(2) provides: Continue reading