All Posts in Important Decisions

Waiver of Claims (Guan v. Ellingsworth Residential C.A.)

By Gelfand & Arpe / October 1, 2019

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

By Gelfand & Arpe / September 6, 2019

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

By Gelfand & Arpe / August 9, 2019

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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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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