Posts by Gelfand & Arpe

ELECTIONS: 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…

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State 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…

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From 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…

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Attorney’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’…

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Indemnification

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…

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Association Faces Conversion Claim

ASSOCIATION FACES CONVERSION CLAIM FOR DENYING ACCESS TO PROPERTY What do you do with “stuff” left behind following a foreclosure or tenant eviction? This does happen, even in all communities. Recently, a Florida appellate court ruled that an association could be liable for conversion of an owner’s property. In Ice v. The Cosmopolitan Residences on…

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Planning for New Legislation

2018 LEGISLATIVE SESSION: POTENTIAL LEGISLATION IMPACTING FLORIDA COMMUNITY ASSOCIATIONS The new year brought forth a flurry of bills proposing to change how Florida community associations operate. Some bills appear to clean up errors of the past. Some bills appear to be knee-jerk reactions to a constituent’s complaint.  Many proposals just leave observers to simply shake…

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