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LEAKING ROOF CLAIM NOT RESOLVED WITHIN FOUR YEARS MAY BE BARRED

By Gelfand & Arpe / July 5, 2019

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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ASSESSMENT LIEN FORECLOSURE JUDGMENT TOSSED WHEN PROPER ADDRESS NOT UTILIZED FOR LEGAL PAPERS

By Gelfand & Arpe / January 3, 2019

It is not uncommon for Florida homeowners to maintain several homes. An owner may travel “up north” for the summer. An association may be aware of an owner renting out their property, even when there are leasing prohibitions. What happens when an association files a lawsuit against an owner and then does not exhaust all…

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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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