Millions of dollars are at stake in the case being considered by three judges of the 1st District Court of Appeal, but any ruling they make is likely to be appealed to the Florida Supreme Court by the losing side. Roberto “Bobby” Martinez, a former U.S …click here for full article
Author: Gerstin
Being Vigilant With Community Association Guest Restrictions – U.S. Senator Menendez Donor Violated So Fla. Condo’s Docs by Leasing to Alleged Call Girl
Sometimes you just never know how truly important it is to enforce your community association’s guest policy.
Pending Florida Legislation Lets HOAs Foreclose Faster If Assessments Are Not Paid
2013 Pending Florida Legislation – Real Estate, Community Associations, Business Litigation & Transactions
Off to a fast start in 2013, the following legislation has already been filed for consideration. The following 2013 pending legislation relates to Real Estate, Community Associations, Business Litigation & Transactions. Check back often as this information will be updated as more legislation is filed:
| HOUSE BILL 73 General Bill by Moraitis for Complete Bill Text: | ||
| Residential Properties: Exempts certain elevators from specific code update requirements; revises provisions relating to terms of condominium board of administration members; revises condominium unit owner election & condominium association meeting notice & recordkeeping requirements; provides requirements for condominiums relating to election challenges, recalls, & installation of impact glass or other code-compliant windows; provides requirements for condominiums created within condominium parcels; revises provisions relating to imposing remedies; revises liability of unit owners; provides liability limitations of certain first mortgagee or its successor or assignees; revises records not accessible to members or parcel owners; revises provisions relating to amendment of declarations; provides criteria for consent to amendment; requires notice to mortgagees regarding proposed amendments. | ||
| Effective Date: July 1, 2013 | ||
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Last Event: Filed on Friday, December 28, 2012 1:18 PM
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SENATE BILL 100 By Detert For Complete Bill Text Click Here: Florida Pending Legislation SB100
Employment Practices; Prohibiting an employer from using a job applicant’s credit report or credit history to make certain hiring, compensation, or other employment decisions; providing specific situations where an employer may use such information, etc.
Last Action: 01/07/2013 On Committee agenda– Commerce and Tourism, 01/15/13, 10:00 am, 110 Senate Office Building
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Senate Bill 112 By Senator Dean For Complete Bill Text Click Here: sb112
Property Fraud; Prohibiting a person from filing or causing to be filed, with intent to defraud another, a document relating to the ownership, transfer, or encumbrance of or claim against real or personal property, or any interest in real or personal property, which the person knows contains a material misstatement, misrepresentation, or omission of fact; providing criminal penalties; providing that a person who fraudulently records a construction lien is subject to specified fraud provisions, etc.
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Senate Bill 120, By By Senator Latvala For Complete Bill Text Click Here: sb120
Condominiums; Allowing condominium units to come into existence regardless of requirements or restrictions in a declaration; extending the amount of time that a clerk may hold a sum of money before notifying the registered agent of an association that the sum is still available and the purpose for which it was deposited; changing the requirements relating to the circumstances under which a declaration of condominium or other documents are effective to create a condominium; revising the conditions under which a developer may amend a declaration of condominium governing a phase condominium; providing for an extension of the 7-year period for the completion of a phase, etc.
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| HOUSE BILL 87 General Bill by Passidomo (CO-SPONSORS) Moraitis FOR COMPLETE BILL TEXT FOR HB 87 Click Here: 314house_bill_87 | ||
| Mortgage Foreclosures: Revises limitations period for commencing action to enforce claim of deficiency judgment after foreclosure action; provides for applicability to existing causes of action; specifies required contents of complaint seeking to foreclose on certain types of residential properties; authorizes sanctions against plaintiffs who fail to comply with complaint requirements; requires court to treat collateral attack on final judgment of foreclosure on mortgage as claim for monetary damages; prohibits court from granting certain relief affecting title to foreclosed property; provides for construction relating to rights of certain persons to seek relief or pursue claims against foreclosed property; limits amount of deficiency judgment; revises class of persons authorized to move for expedited foreclosure; provides requirements & procedures with respect to order directed to defendants to show cause; provides failures by defendant to make filings or appearances may have legal consequences; requires court to enter final judgment of foreclosure & order foreclosure sale; provides for liability of persons who wrongly claim to be holders of or entitled to enforce a lost, stolen, or destroyed note & cause mortgage secured thereby to be foreclosed. | ||
| Effective Date: upon becoming a law | ||
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Last Event: Filed on Thursday, January 03, 2013 10:05 AM
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Weir Gate Operation Guide for South Florida Community Associations
The Lake Worth Drainage District has issued a new ” how-to” guide for for Weir Gate operation at South Florida community associations. This helpful guide is a great resource for both homeowner and condominium associations tasked with the important job of safely and efficiently operating a weir gate. Considering the instability of South Florida’s weather, along with its flat, low lying landscape, knowing how to operate your community associations weir gate can go a long way in avoiding or preparing for rising water. The guide can be found here: 2922012_lwdd_guidelines_for_associations
Commercial Landlord’s Blanket Refusal to Allow Sublease Fails
Recently, in the case of Siewert V. Casey, 37 Fla. Weekly D527 (Fla. 4th DCA 2012), Florida’s Fourth District Court of Appeal illustrated the pitfalls and “time bombs” awaiting commercial landlords using “boilerplate” or outdated leases. In Siewert, the landlord’s commercial lease required the tenant to obtain the landlord’s written consent to an assignment or sublease. The lease did not contain any specific standards (financial ability, credit score, etc.) governing the landlord’s approval process. Nevertheless, the landlord’s blanket refusal to allow a sublease was considered by the Court a breach of the lease:
When a lease contains a boilerplate clause requiring the landlord’s consent for any
proposed sublease—without specific standards governing the landlord’s approval—
the landlord may not then arbitrarily withhold approval of a sublease.
This decision stems in part from Florida’s “implied covenant of good faith”. The implied covenant of good faith is a common law doctrine requiring contracting parties to fulfill their contractual obligations in good faith.
To avoid suffering a similar fate, commercial landlords should seek assistance from an attorney in maintaining up to date master templates and leases. A lease should always be as short and concise as possible, while at the same time meeting the latest standards of Florida law and the landlord’s specific needs. The full text of the Court’s decision can be found here: Siewert V. Casey, 37 Fla. Weekly D527 (Fla. 4th DCA 2012).
Hotel and Community Association Pools Given a Temporary ADA Reprieve
Recently, the Department of Justice adopted final rules relating to the provision of accessible entry and exit to existing swimming pools, wading pools, and spas (pools built before March 15, 2012). If you have not heard by now. . . the new rules required all public use pools (hotel, community associations, etc.) to conform with new ADA regulations. In essence, the entry and exit to a public use pool has to be handicap accessible (a lift). These regulations were due to take affect on March 15, 2012 but were postponed due to an outcry from small business owners because of the high cost of compliance in such a short period of time. Today the implementation of these same regulations were postponed again. However, the postponement only applies to existing pools, in which the compliance date until January 31, 2013. All new pool construction must be in compliance with the new ADA rules.
Hotels, motels and community associations with public use pools should consult with their attorney to ensure compliance with these new regulations (as well the multitude of other regulations pending or in effect). Non-compliance is always more costly than complying. A brief primer for small businesses attempting to navigate ADA regulations can be found here: http://www.ada.gov/in
Hope & Desire Not Enough for Tortious Interference Claim In Florida
Florida’s Fourth District Court of Appeals: An existing relationship is required before bringing a claim for tortious interference with a business relationship. Hoping that one day you will have, or could have had, a business relationship is not enough.
Click here for the Florida 4th DCA opinion
Attorneys’ Fee Provisions in Contracts at Risk Upon Appeal
Specificity prevails over tired boilerplate.
Attorneys’ fees incurred performing appellate work will not be awarded to the prevailing party if the contract or document forming the basis for an attorneys’ fee award does not provide for appellate attorney’s fees.
Emails Confer Long Arm Jurisdiction for Litigation
Regardless of whether the sender intended to target Florida residents, an email sent to a group, some of whose members are residents of Florida, confers long arm jurisdiction under Fla. Stat. § 48.193 (1)(b). In turn, a Florida resident can file a lawsuit against the sender of the e-mail in Florida. Price v. Kronenberger, — So.3d —-, 2009 WL 5150236 (Fla. 5th DCA 2009).