Posts by Gelfand & Arpe
Waiver of Claims (Guan v. Ellingsworth Residential C.A.)
Highlighting the hidden dangers in lengthy covenant enforcement provisions, the Fifth District Court of Appeal addressed the interplay between a covenant’s alternate dispute resolution requirement and the Homeowners’ Association Act’s mandatory pre-suit mediation procedures in § 720.311 Fla. Stat. (2015), in Guan v. Ellingsworth Residential Community Ass’n, Inc., Case No. 5D18-3633 (Fla. 5th DCA, August 23, 2019). BACKGROUND…
Read MoreNew Decision: Assessments
New Decision: Assessments – Joint and Several Liability with Previous Owners (Coastal Creek v. FLA Trust Services) The battle is joined! The prize is whether pursuant to § 718.116(n)(a), Fla. Stat. (2017) a current condominium unit owner is jointly and severally liable for delinquent assessments accruing during the ownership of a remote owner. The result…
Read MoreDefamation Claims: Loose Lips & E-Mails
What should your association do when there seems to be evidence that an ex-officer might have misappropriated association funds? An internal investigation is a likely option. Sometimes there may be public accusations. Incriminating statements, talk and emails may lead to inuendo and rumors. What is next? It is not unusual for the accused to fight…
Read MoreLEAKING ROOF CLAIM NOT RESOLVED WITHIN FOUR YEARS MAY BE BARRED
Leaking roof? A common occurrence in Florida where we endure heavy rains during the year, compounded by a season of five months for potential hurricanes. A product of our weather is roof leaks. What happens when a newly installed roof leaks? If the new roof leaks how long can you wait, including negotiations, before filing…
Read MoreASSESSMENT LIEN FORECLOSURE JUDGMENT TOSSED WHEN PROPER ADDRESS NOT UTILIZED FOR LEGAL PAPERS
It is not uncommon for Florida homeowners to maintain several homes. An owner may travel “up north” for the summer. An association may be aware of an owner renting out their property, even when there are leasing prohibitions. What happens when an association files a lawsuit against an owner and then does not exhaust all…
Read MoreELECTIONS: WHAT IS YOUR NAME – BALLOT PLACEMENT ROULETTE?
Election season for Florida community associations is right around the corner. One returning question is whether a candidate for director can create a new name to “win” the jostle for being at the top, the first name on the ballot. The answer seems to be yes, especially for Florida homeowners’ associations, so long as the…
Read MoreState Seeks To Penalize Condominium Associations
In a rare and stunning reversal, the State of Florida Divisions of Condominiums announced “penalty guidelines” for many matters, beginning with a minimum penalty of $1,000.00. Certain “minor violations” repeated after a “notice of non-compliance” result in a minimum penalty of $500.00, but up to $2,500.00! How can you find out about it? Unfortunately, you…
Read MoreFrom Janitor to Lawyer
“Michael Gelfand” Featured in the Daily Business Review March 30, 2018 NEWS (Read full article) From Janitor to Lawyer: How Michael Gelfand Earned His Real Estate Practice Law.com From Janitor to Lawyer: How Michael Gelfand Earned His Real Estate Practice. As a teenager, Gelfand fixed plumbing and did masonry, roofing, painting and general handyman work…
Read MoreAttorney’s Fees Post Safe Harbor
Attorney’s Fees Post Safe Harbor (Emerald Estates C.A. v. US Bank) __________________________________________ The date title transferred and entitlement to the “Safe Harbor” were key in yesterday’s decision in Emerald Estates C.A. v. US Bank N.A., Case No. 4D17-1278 (4th DCA, April 4, 2018). In summary, to be held against the acquiring mortgage holder association attorneys’…
Read MoreIndemnification
INDEMNIFICATION: PROTECTING YOURSELF FROM YOUR CONTRACTOR’S (UNKNOWN?) SUB-CONTRACTOR Your Association contracted with a contractor. That contractor was provided specifications and the Association will pay. But, what happens if the contractor subcontracts with another company and the sub-contractor’s negligence causes injuries to a homeowner? Will the association have to indemnify both companies? Maybe, depending on what…
Read More