New Florida Condo Law Gives Builders and Developers Break on Responsibility for Flaws in Roads, Sewers, and Other Infrastructure in Florida Communities and Condo Projects

Larry Tolchinsky | May 10, 2012

Florida condo owners along with home owners’ associations (HOAs) and community associations and the like better get ready:  the legislation that we have been monitoring regarding common area implied warranties for Florida builders and developers just got signed into law by Florida Governor Rick Scott. Read our earlier post giving details on the Senate version [...]

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Dispute Resolution of Condo Controversies Outside the Courtroom: Settlement, Mediation, and Arbitration of Condo Association and Selective Enforcement Controversies

Larry Tolchinsky | April 19, 2012

The State of Florida does its part to protect home owners living in shared residential communities (condominiums, timeshares, mobile homes) not only through the passage of legislation designed to assist in the resolution of disputes that may arise, but also by the creation of an agency designed especially to resolve controversies:  the Florida Department of [...]

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Selective Enforcement Defense Against Florida Condo Boards and Community Associations (HOAs): Condo Associations Playing Favorites and Florida Home Owners Fight Back

Larry Tolchinsky | April 17, 2012

When you buy a home in a community – be it a condominium or gated community – that is subject to a condo or homeowners’ association, then like it or not, you are giving up a bit of your freedom in order to live there.  The benefits of living in the shared ownership community are [...]

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Homeowners’ Associations Foreclosure Sales: Another Florida Real Estate Mess to be Cleaned Up – and Until Then, Florida Home Owners and Renters Need to Be Wary

Larry Tolchinsky | March 22, 2012

Here’s another example of how the Florida real estate market is just a Wild West; a chaotic mess that will take years to clean up.  Wildcatters are taking advantage of Florida homeowner association (HOA) foreclosures by going after those homes in HOAs that haven’t paid their maintenance fees and are being foreclosed upon by the [...]

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SB 1196 Goes to Governor Scott’s Desk: Will He Veto New Law That Ends Implied Warranty of Developers and Puts Burden on Homeowners’ Associations and Individual Florida Home Buyers?

Larry Tolchinsky | March 15, 2012

The Florida Legislature has passed SB 1196 and it’s setting on the Governor’s desk, awaiting his decision on whether to veto the darn thing or sign it into effective Florida law.   Here is the full text of the law: Section 553.835, Florida Statutes Implied warranties.— (1) The Legislature finds that the courts have reached different [...]

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Florida Homeowners Associations: Condo Owners Associations Are Powerful and Community Associations Conflicts With Home Owners Abound

Larry Tolchinsky | March 14, 2012

For those that move to Florida from other parts of the country or from other parts of the world, one bit of culture shock may be the reality that homeowners associations are commonplace in our state.  You may know them by another name:  neighborhood association, community association, condo association, etc. — but they are all [...]

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Florida Legislature Proposed Law HB319 Hurts Home Owners and Home Buyers – Here’s Why

Larry Tolchinsky | February 21, 2012

Across Florida, and particularly in South Florida, condominiums and homeowners’ associations are having to deal with problems that arise when a condo owner defaults on his or her condo mortgage.  One of those problems is the growing amount of unpaid assessments and fees on that defaulted condo. Enter the Florida Legislature with proposed legislation, HB [...]

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