The Orlando Condo Blog

With the collection rate being what it is and bank foreclosures taking forever, I understand that Boards do not want to wait any longer than necessary to take action to collect overdue assessments.  Many Boards give management and their attorneys “marching orders” to proceed as quickly and as forcefully as possible and I agree – [...]

A case recently issued by the 3rd District Court of Appeal confirms unit owner obligations to pay validly adopted assessments. The Court in Coral Way Condominium Investments, Inc. v. 21/22 Condominium Association, Inc., recited two important statements, one of which was made by the Florida Supreme Court in 1994 in the Ocean Trail Unit Association, [...]

We have discussed bankruptcy issues over the years. Desperate association leaders sometimes come to a conclusion that going bankrupt is the only way to resolve outstanding debt while continuing to operate the property. Please refer to the following posts – they explain pros and con’s of bankruptcy as well as some of the mechanics of [...]

The 2011 community association legislation clarifies owner privacy rights and expands owner access to employee salary information, among other things. Did you know? Right to Speak at HOA Board Meetings: The Homeowners’ Association Act has been amended to state that owners have the right to speak at meetings of the board with reference to “all [...]

Ever been to a community association meeting where it takes a half hour (or more) to address the form of the minutes from the previous meeting? I’ve seen reasonable people debate, argue and become animated over the content of meeting minutes. Criticisms such as “that’s not what I said” or “you only included a portion [...]

Can Complaints About Association Operations Become a Defense Against Foreclosure? One of the principles I learned when I first became a member of this Law Firm has now been called into question, at least somewhat, by a new ruling issued by the Fourth District Court of Appeal.  I initially learned that the obligation of the association [...]

What Rules and Regulations are Enforceable? I am often asked by readers whether guest restrictions are enforceable. Residents often want to know whether the Association can require them to notify management when guests arrive or whether it is appropriate to require guests to register with the Association. The answer to these questions is, almost inevitably, [...]

The Florida Condominium Act requires both developer-controlled associations and unit-owner controlled associations to prepare a “Frequently Asked Questions and Answers” (commonly referred to as a “Q&A Sheet”).  The Q&A Sheet must include information: regarding unit owners’ voting rights; unit use restrictions, including restrictions on leasing of a unit; indicating whether and in what amount the unit owners [...]

Mediation is an effective way to resolve disputes. Florida Courts require the parties to a lawsuit to attempt to settle the dispute at mediation before the trial starts.  There are many benefits to mediation - it is private, the proceedings are confidential, if successful it reduces the costs to each side of the case and enables the parties to ”think outside the box”.  The mediator is a neutral third party [...]

FHA Extends Approval Procedures – New Mortgagee Letter Issued The Federal Housing Administration (FHA) implemented a new approval process for condominium projects and insurance requirements for mortgages on individual units in November, 2009.  FHA also announced certain exceptions to its standard criteria.  Please note the following: The November 2009 guidelines temporarily increased the number of permitted FHA insured [...]