Jonathan J. Ellis
In recent legislation, Senate Bills 1258 and 1682 and House Bills 1001 and 1237 seek to amend Florida Statutes, Chapter 718.
Senate Bill 1258 and House Bill 1001 seek to fine directors who knowingly violate any Association bylaw or statutes.
Senate Bill 1682 and House Bill 1237 are more complex and seek, among other things, to: Continue reading
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 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
Effective July 1, 2016, § 83.683, Florida Statutes, requires landlords, condominium associations, cooperative associations and homeowners associations to process rental applications submitted by service members within seven days of submission. Within that seven day period, the landlord or association must notify the service member in writing of an application approval or denial and, if denied, the reason for the denial. If a rental application submitted by a service member is not timely denied, the landlord or the association must allow the lease to the service member if he or she has complied with all other terms of the application and lease. The statute applies to all “Service members,” which means any person serving as a member of the United States Armed Forces on active duty or state active duty and all members of the Florida National Guard and United States Reserve Forces. Continue reading
The Second Amendment to the United States’ Constitution guarantees individuals the right to keep and bear arms. The Florida constitution contains a similar guarantee. With few exceptions, Florida law allows licensed individuals to carry concealed firearms in most public locations. Based on these constitutional and statutory rights under U.S. and Florida law, many owners residing in community associations believe that they also have the right to conceal-carry firearms when on their community’s common elements. In the absence of a provision in the community association’s governing documents, owners may exercise their lawful right to carry concealed firearms on common elements. However, who prevails when an owner’s constitutional and statutory rights conflict with a community association’s attempts to regulate the carrying and use of firearms on its common elements? Continue reading
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
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