Articles Posted in Featured Posts

Nicole-Kurtz-2014-200x300The firm’s Nicole R. Kurtz authored an article that is featured as a Board of Contributor’s guest commentary 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 “Court: Association Declaration’s Reference to Alterations Encompasses Material Alterations,” focuses on a recent ruling that illustrates how Florida courts will turn to the plain and unambiguous meanings of terms in interpreting a community association’s governing documents.  For associations with declarations of condominium stating that the board of directors has the authority to approve alterations to the common elements, the decision emphasizes that such authority extends to all additions or improvements to the association’s common elements, including material alterations.  Nicole’s article reads:

. . . In 2016, the [Regency Tower condominium] association’s board of directors voted, without obtaining membership approval, to replace the existing Carrara marble flooring in the lobby with ceramic tile flooring. In response, one of the association’s unit owners challenged the board of directors’ authority to replace the lobby flooring without first obtaining approval from the association’s members.

The unit owner asserted his challenge by filing a petition for arbitration with the state’s Division of Condominiums, Timeshares and Mobile Homes. After the petition was dismissed by the arbitrator, he filed a lawsuit against the association in circuit court.

dbr-logo-300x57The owner’s position, in both the arbitration and the lawsuit, was that the association’s declaration of condominium did not include a provision detailing the procedure for approving “material alterations,” as it only referenced the board of directors’ authority to approve “alterations.” As such, the owner argued that Section 718.113(2)(a), Florida Statutes, which is triggered should there not be a procedure in an association’s declaration of condominium for the approval of material alterations, applied and precluded the board of directors from being able to unilaterally approve of the lobby flooring modification.

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MichaelHymanFirm shareholder Michael L. Hyman authored an article that appeared as a “Board of Contributors” guest commentary 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 “Circuit, Appellate Courts Issue Injunction Against HOA to Fix Flooding Problems,” focuses on recent decisions by circuit and appellate courts that illustrate how Florida’s courts will issue mandatory injunctions to force community associations to do their duty to maintain drainage systems.  The article reads:

The case of Coconut Key Homeowner’s Association v. Gonzalez pitted a homeowner against her HOA, which she alleged breached its governing documents by failing to properly maintain the surface water management system for the community. This caused chronic flooding problems in her own backyard whenever it rained and led to significant damage to her home.

Gonzalez sought an injunction to require the association to cure the alleged surface water management violations and stop the flooding problem. A Broward circuit court jury ruled in her favor, concluding that the association breached its governing documents by failing to maintain and operate the surface water management system in the community. However, it concluded that this breach was not a legal cause of damage to Gonzalez, so it awarded no monetary damages.

dbrlogo-300x57The court then conducted a post-trial hearing on whether to issue an injunction against the association. It granted Gonzalez’s motion for a mandatory injunction in accord with the jury’s finding that the HOA’s violations of its own governing documents caused her irreparable harm without an adequate remedy under the law.

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GaryMars3For the second consecutive day, an article on important community association issues authored by one of our partners has served as the featured guest commentary column in the pages of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article in today’s edition of the newspaper is by Gary M. Mars, and it is titled “Community Associations Should Make Effective Use of Social Media.”  Gary’s article reads:

There is no doubt that the use of social media can save community associations time and money with some of their communications and outreach efforts aimed at their owners and residents. Adding new posts with photos and videos to an association’s social media pages is simple and free, and millions of Americans are now visiting Facebook, Twitter, YouTube, Instagram, LinkedIn and others on a daily basis.

Some associations are now including community calendars in their Facebook group site as well as meeting notices, agendas and notes. dbr-logo-300x57These group pages are also ideal for posting links to copies of annual reports, community bylaws, and other helpful items and forms.

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MichaelHymanFirm partner Michael L. Hyman authored a guest commentary column that appeared in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is titled “Legislative Fix Needed in Condo Association Property Tax Assessment Appeals Ruling,” focuses on the ramifications of a recent ruling by the Third District Court of Appeal involving challenges to property tax appraisal assessments by community associations on behalf of their unit owners.  His article reads:

Condominium associations regularly represent all of their unit owners as a consolidated class of litigants in cases challenging their local county ad valorem property tax appraisal assessments.  However, a vital segment of the representation that associations provide their owners in such actions may soon be coming to an end as a result of a recent Florida appellate court ruling.

The ruling in March by the Third District Court of Appeal in Central Carillon Beach Condominium Association v. Garcia surprised many of the attorneys who focus on this highly specialized area involving condominium and real estate tax law. It found that unit owners cannot join together as a class to respond to a county appraiser’s appeal of an assessment reduction because the law requires that the defendant in such appeals must be the taxpayer. dbrlogo-300x57The result could be deleterious for Florida property owners and circuit courts, and it demands a legislative fix during next year’s session.

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MichaelChapnicksrhl-law-200x300Firm partner Michael E. Chapnick authored a guest commentary column that appeared in today’s Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is titled “Condo Associations Don’t Need to Record Lien to Collect From Tax Sale Proceeds,” focuses on a recent appellate court ruling which found that condominium associations do not absolutely need to record a lien in order to collect from the surplus funds after a tax sale.  Michael’s article reads:

In Calendar v. Stonebridge Gardens Section III Condominium Association, the Fourth District Court of Appeal concluded that the association was not required to actually file a lien in order to be entitled to priority over the unit owner in the distribution of surplus funds generated by the tax sale of her residence.

MC-article-5-18-300x220In upholding the trial court’s order that surplus funds from the tax sale of the owner’s residence be disbursed to the association based on its claim for unpaid assessments, the Fourth DCA found that Section 718.116 of the Florida Statutes implies that a claim of lien against a unit owner for assessments becomes necessary only in cases in which a mortgagee is also asserting a claim. Therefore, recording a claim of lien is not an absolute prerequisite to the enforcement of a lien for unpaid assessments.

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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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