Blog

State Seeks To Penalize Condominium Associations

By Gelfand & Arpe / August 6, 2018

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

By Gelfand & Arpe / April 6, 2018

“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

By Gelfand & Arpe / April 5, 2018

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

By Gelfand & Arpe / March 2, 2018

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

By Gelfand & Arpe / February 2, 2018

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

By Gelfand & Arpe / February 2, 2018

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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