Posts by Gelfand & Arpe

New Decision: Fair Debt (Kelly v. Duggan)

New Decision: Fair Debt (Kelly v. Duggan) Michael Gelfand 10/25/2019 Conflict is joined on debt collection! Wednesday, Florida’s First District Court of Appeal certified conflict with the Fifth District Court of Appeal, holding that condominium assessments are consumer debts under the Florida Consumer Collection Practices Act (“FCCPA”), §§ 559.55 – .785, Fla. Stat., such that a consumer may…

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WAIVER OF RIGHTS BY SKIPPING ARBITRATION

WAIVER OF RIGHTS BY SKIPPING ARBITRATION In another decision emphasizing the importance of properly interpreting Florida community association documents, the question arose as to what happens when a homeowners’ association fails to timely submit a dispute to mediation or arbitration? A Florida appellate court ruled that an Association waived its claim against a homeowner where…

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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…

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New 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…

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Defamation 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…

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LEAKING 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…

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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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