Posts by Gelfand & Arpe

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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