Category Archives: Lawsuits

New Neighborhoods–Owner Lawsuits for Collections and Modifying Maintenance Allocations

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New Neighborhoods By Gary A. Poliakoff and Ryan Poliakoff Owner Lawsuits for Collections and Modifying Maintenance Allocations Dear Poliakoffs, I read your columns in The Palm Beach Post and purchased a copy of your book, New Neighborhoods, about a year … Continue reading

Posted in Association Dues, Condo Associations, Delinquencies, Homeowner's Association, Lawsuits Tagged , , ,

Viewing Both Sides of the Foreclosure Debate–Homeowner vs. Association

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This week Daniel Vasquez, condo and HOA reporter for the Miami Herald and Sun-Sentinel, wrote an excellent article reviewing both sides of a foreclosure dispute in a South Florida homeowner’s association.  You can read the entire article here. The article … Continue reading

Posted in Association Dues, Collections, Condo Associations, HOAs, Homeowner's Association, Lawsuits Tagged , , , , ,

Critically important Florida Foreclosure Ruling Finally Gives Condos and HOAs Weapon Against Banks

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An incredibly important judicial ruling this week out of the Fifth District in Florida.  If you’re in a Florida shared ownership community, you need to know about this one. I’m not going to reinvent the wheel, since some of my … Continue reading

Posted in Association Dues, Condo Associations, Current News and Events, Foreclosure, HOAs, Homeowner's Association, Lawsuits, Shared Ownership Guide Tagged , , , ,

Failure to Maintain can mean liability for associations

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We’ve talked in the past about board members’ general duty to maintain the common elements of their properties.  But this responsibility is more than just an aesthetic niceity–landlords and associations can be held liable for saftey hazards on their properties … Continue reading

Posted in Common Areas, Lawsuits, Liability, Property Maintenance Tagged , ,

The “Mortgage Terminator”–A New Tactic in Fighting Banks, or Marketing Speak? [Updated]

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This week Daniel Vasquez, a consumer and condominium reporter for the Sun Sentinel and Miami Herald whom I often refer to, wrote an article about a “new legal tactic” colorfully called the “Mortgage Terminator” which allows associations to void primary … Continue reading

Posted in Collections, Condo Associations, Delinquencies, Foreclosure, HOAs, Homeowner's Association, Lawsuits, Rules and Legislation, Shared Ownership Guide Tagged , , , , , , , , ,

Astroturf and xeriscaping–part of the solution or the problem?

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Several weeks ago, Daniel Vasquez of the Sun-Sentinel wrote an article about Lesia DeFelice, a homeowner in an HOA in South Florida who replaced her lawn with Astroturf.  DeFelice argues that the turf is a necessary adjunct of xeriscaping, a … Continue reading

Posted in Bylaws, Current News and Events, HOAs, Homeowner's Association, Lawsuits, Owner Rights, Property Maintenance Tagged , , , , , , ,

How To Screen Renters or Owners, Part 4–How to Create a Screening Procedure that’s Consistent and Fair

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This is the final installment in our How To Series regarding tenant and owner screening entitled “How to Screen Renters or Owners–Some Thoughts And Possible Consequences of Screening Applicants.” So, given all of the difficulties I’ve previously addressed, as well … Continue reading

Posted in Bylaws, Condo Associations, Condo Management, Condo Rules, HOAs, Homeowner's Association, How To, Lawsuits, Renters, Renting / Subletting, Resident Screening, Rule Enforement and Fines, Security, Shared Ownership Guide Tagged , , ,

How To Screen Renters or Owners, Part 3–Is it a Good Idea?

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Determining Whether Screening is a Good Idea This is the third installment in our How To Series entitled “How to Screen Renters or Owners–Some Thoughts and Possible Consequences of Screening Applicants.” We’ve already discussed whether screening is legal, but is screening … Continue reading

Posted in Board Meetings, Condo Associations, Condo Management, HOAs, Homeowner's Association, Lawsuits, Renters, Renting / Subletting, Resident Screening, Security Tagged , ,

How To Screen Renters or Owners, Part 2–Is it Legal?

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This entry is the second installment in our How To Series on screening Condo or HOA owners or renters.  Our first question–Is it legal? Before your condo or HOA board decides to screen owners or tenants, understand at the outset … Continue reading

Posted in Bylaws, Condo Associations, Condo Management, Condo Rules, HOAs, Homeowner's Association, How To, Lawsuits, Occupancy, Owner Rights, Renters, Resident Screening, Security, Shared Ownership Guide Tagged , ,

Owners can beat HOAs if their rights are being violated and here’s proof…

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A recent lawsuit that took place in the Tampa Bay area proves that home owners can defeat their HOA in a lawsuit if their legal rights are being violated.  It sounds as if this community got some bad advice, although … Continue reading

Posted in Lawsuits, Owner Rights Tagged , , ,