Articles Posted in Featured Posts

LLerner-DBR-profile-300x275The firm’s Lisa A. Lerner was the subject of a profile article in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is titled “Attorney Lisa Lerner Chose Condo Law Before it Was a Popular Practice Area,” chronicles Lisa’s 36-year career as one of the pioneer female South Florida attorneys in community association law.  It reads:

Lisa Lerner is a pioneer on two fronts. She became an attorney when the legal profession was dominated by men, and she picked a practice area that was relatively obscure at the time.

Lerner became an attorney for community associations in 1983. She has spent her 36-year career with Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, where she now is a shareholder based in Coral Gables.

In the 1980s, the field wasn’t entirely devoid of women. Lerner worked with a few, and there were some in other firms, she said.

But during most meetings with opposing counsel, she was the only female attorney, she said.

One meeting stands out in her memory.

“I am not going to name names, but a senior partner for one of the most prominent law firms … call(ed) me honey and asked me to get him coffee,” Lerner said. With a smile, she agreed, “then sat down, and we proceeded to expose every loophole in the easement agreement they drafted.”

Her team got everything it wanted for the condo board it represented, she said.

“You kind of had to be there.”

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MichaelHymanThe firm’s Michael L. Hyman authored an article that appeared as a “Board of Contributors” guest column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is titled “Associations Must Strictly Comply With Notice Requirements to Impose Fines, Liens,”  focuses on a recent ruling by the state’s Fourth District Court of Appeal that illustrates how Florida’s courts are going to demand very strict adherence to the statutory notice requirements in order for associations to impose fines and liens against unit owners.  Michael’s article reads:

A ruling last year by the Florida Fourth District Court of Appeal illustrates the severity of the consequences for community associations that do not follow the law to a tee in their notices to unit owners. In Dwork v. Executive Estates of Boynton Beach Homeowners Association, the appellate panel reversed the lower court’s award of fines because the HOA only provided 13 days’ notice of the fining committee hearing to the homeowner as opposed to the statutorily required 14 days.

dbr-logo-300x57The case arose over a dispute involving the stipulations in the HOA’s governing documents requiring all homeowners to keep their roofs and driveways clean and their fences in good condition. The association notified Jonathan Mitchell Dwork of violations of these requirements multiple times over several years, but he took no action.

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MichaelChapnicksrhl-law-200x300Firm partner Michael E. Chapnick authored an article that appeared as a “Board of Contributors” guest column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is titled “Emotional Support Animals Leave Many Condo Associations Howling,” focuses on the growth in requests for emotional support animals in condominium associations and other communities with pet restrictions.  Michael’s article reads:

The laws governing emotional support animals emanate from the Fair Housing Amendments Act of 1988, and its state and local counterparts. The act prohibits discrimination in the provision of housing to disabled persons, and it requires that a reasonable accommodation in an association’s rules and regulations be provided to a disabled person so that they can use and enjoy the property to the same extent as a nondisabled person.

dbrlogo-300x57Disabilities can take many forms: some physical and others emotional and/or psychological.  For emotional and/or psychological disabilities such as depression, there are rarely obvious, external symptoms.

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Marc-Smiley-SRHL-law-200x300The firm’s Marc A. Smiley authored an article that appeared as a Board of Contributors guest column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is titled “Delay Causes Loss for HOA in Lawsuit Over House Color,” discusses the takeaways from a recent ruling by the Appellate Division of the 13th Judicial Circuit Court in Hillsborough County.  The ruling focuses on one of the most common architectural review stipulations that homeowners’ associations use to maintain aesthetic standards for their communities:  the approval of the colors which homeowners may use to paint the exterior of their homes.  Marc’s article reads:

Many HOAs require the prior review and approval of proposed house colors by architectural review committees, which are typically overseen by three parcel owners who are not also members of the association’s board of directors.

However, many associations’ governing documents also include provisions to limit the power of the association to take action against color changes and other architectural modifications in perpetuity. Their declarations of covenants hold that new colors and other unapproved modifications will be deemed to be approved if they are not challenged by the association within a set period of time (typically one year).

dbrlogo-300x57A recent ruling by the Appellate Division of the 13th Judicial Circuit Court in Hillsborough County confirmed that such requirements for community associations to act within a set timeframe will be strictly construed and applied by Florida’s courts.

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