Who? Me? Why Every Member In A Community Should Run For A Board Position.

17 Jul 2018 in
In real estate, it is all about “location, location, location”, and more often than not that can be directly tied back to the community around that location. When you think about a community many things come to mind. Too often most people think of a bad experience they might have had with a member of an Association’s Board of Directors. These experiences can have the negative effect of ensuring that capable individuals will never even consider becoming a member of an Association Board out of disdain for one bad event. While sometimes tedious, a Community Association’s Board of Directors serves a vital purpose to any community, and the value of being one of the members of the board making those decisions cannot be overstated...

What An Owner’s Bankruptcy Means For Your Community

23 Jun 2018 in
Owners’ bankruptcy filings can create many challenges for community associations seeking to collect or otherwise resolve past-due balances owed by the debtor. For example, even where the owner and association agree to settle the debt, if the owner has an active bankruptcy case, the settlement must be approved by the bankruptcy judge. In considering the settlement, the judge’s primary concern is generally the proposed settlement’s effect upon the bankruptcy estate (i.e., the assets available to all creditors), rather than resolving the debt owed to the association.

Call Before You Dig!

08 May 2018 in
Florida has established a system to protect underground utilities from damage during construction and excavation, under the “Underground Facility Damage Prevention and Safety Act” (Chapter 556.105, Florida Statues).

Important Legal Update!

29 Mar 2018 in

You may recall that on March 20th, our firm provided an update on certain legislation that may be entered into law this session. That update can be found here. Shortly thereafter, Governor Rick Scott signed HB617 into law; it is now Chapter 2018-55, Laws of Florida. A few days later, Governor Scott also signed HB841 into law; it is now Chapter 2018-96, Laws of Florida.

Short and Sweet Legislative Session Update

20 Mar 2018 in

Of all the bills filed regarding community associations from this 2018 Florida legislative session, only two major bills had survived by the end of the session on Friday, March 9: HB 841, which is this year’s “omnibus” bill, and HB 617, which relates to MRTA (the Florida Marketable Record Title Act). As of the date of writing this blog, the bills were on the way to the Governor for signature, or potentially for veto. As such, it is important to note that as of the date of writing this blog, these bills have NOT been fully approved and are NOT yet law. Stay tuned! If the bills do become law, expect a more detailed update in the weeks and months to come.