NOTE: Our Client Portal is Currently Undergoing Maintenance

Subscribe by Email

Articles Posted in Firm News

Maryvel-De-Castro-Valdes-002-200x300The latest edition of the firm’s Miami Herald real estate column appears in today’s newspaper and was authored by Maryvel De Castro Valdes.  The article, which is titled “Real Estate Counselor: Unpaid Dues at HOAs Call for Uniform Collections Policies,” focuses on the increased arrears that some South Florida communities are now starting to see as a result of rising insurance costs and inflationary economic pressures.  Maryvel notes that boards of directors and property managers would be well advised to review and examine their collections policies to ensure that owners are properly reminded of their maintenance payment obligations.  Her article reads:

. . . Boards of directors should look to Florida law and their community’s governing documents to determine if certain actions must be taken before a lien is recorded or a foreclosure action is initiated. Based on these reviews, a standardized written collections policy should be created to outline the steps and timing of notices to delinquent owners. The policy is also helpful to avoid the potential for claims of favoritism or selective enforcement.

MValdes-Herald-clip-for-blog-5-21-23-100x300When creating a collections policy, there is certain information that should be included. For example, owners should know the due date and to whom the payment must be delivered, the date that late charges will be imposed, the delinquent interest rate, and when a delinquent account will be turned over to a collection agency or attorney for handling. Associations should look to their declaration of covenants or bylaws to confirm if a late charge may be imposed, as Florida law only allows late charges if they are provided for in the governing documents.

The collection of a past-due account most often begins with an official written notice mailed to the delinquent owner. Both the Condominium Act and the Homeowners’ Association Act provide a mechanism for notifying owners of delinquencies known as the “Notice of Late Assessment,” which gives owners 30 days to make payment.

Continue reading

Gary-Mars-2021-2-200x300The firm’s latest Miami Herald column was authored by shareholder Gary M. Mars and appears in today’s edition of the newspaper.  The article, which is titled “Real Estate Counselor: Owners’ Gripes Over Legit HOA Budget Increases Prove Detrimental,” focuses on a scenario that is becoming increasingly common at South Florida condominium associations and HOAs.  Gary writes that highly effective and scrupulous directors are being subjected to unwarranted accusations and mistrust by unit owners who become frustrated over necessary budget increases and special assessments, causing a great deal of discord and disharmony that often exacerbate associations’ financial strains while also diminishing community appeal and property values.  His article reads:

. . . Many South Florida community associations have been forced to increase their annual budgets and dues to account for today’s economic conditions, including rises in insurance and staffing costs.  Some have also had to enact special assessments to raise funds for specific immediate needs, such as new roofs, elevators, HVAC systems, etc.

Associations are bound by Florida law and their own governing documents to maintain such common elements.

MHyman-5-7-23-clip-for-blog-104x300If they have waived the funding of reserves in the past and are unable to pay for such repairs/replacements when they inevitably arise, special assessments possibly combined with lender financing represent their only options for securing the necessary funds and beginning the work as expeditiously as possible. Boards of directors are simply left with no other recourse and must implement such assessments to meet their duties to the communities they serve.

Continue reading

Nicole-Kurtz-2021-200x300The firm’s latest Miami Herald column was authored by shareholder Nicole R. Kurtz and appears in today’s edition of the newspaper.  The article, which is titled “Real Estate Counselor: CAI Conducting Advocacy Efforts on Capitol Hill,” focuses on the recent outreach and meetings by the Community Associations Institute’s public affairs and advocacy team with members of the U.S. Congress and their staffs in Washington D.C.  It reads:

. . . As my colleagues have written in this column, CAI is backing a bill pending before the House of Representatives that would provide access to government-backed, low-interest loans for condominium building safety and critical repair/reinforcement projects. CAI’s advocacy efforts on condo-safety reforms have been recognized with the 2022 Lobbying Strategy Innovation Award by the Public Affairs Council, which is the leading nonpartisan association for public affairs professionals worldwide.

In response to the increasing costs of property insurance, mortgage underwriting rules, and new ordinances/laws that will result in more condominium building inspections and critical repairs, some South Florida communities have already begun adjusting their budgets and raising their monthly dues. The proposed bills backed by CAI would offer relief for these increasing costs by providing condominium associations, as well as their unit owners, with access to FHA-insured low-interest loans.

NKurtz-4-23-23-clip-for-blog-99x300CAI has also been lobbying for reforms to Fannie Mae’s and Freddie Mac’s condominium and housing cooperative lending guidelines. These government-backed home mortgage institutions adopted emergency underwriting guidelines for mortgages for condominiums and residences in housing cooperatives after the horrific Champlain Towers South tragedy. Their temporary condominium and housing cooperative guidelines have caused significant delays, and some outright lender denials, for prospective buyers nationwide.

Continue reading

Eduardo-Valdes-002-200x300The firm’s latest Miami Herald “Real Estate Counselor” column was authored by Eduardo J. Valdes and appears in today’s edition of the newspaper.  The article, which is titled “Takeaways From Ruling Over Dispute at Hollywood Condo,” focuses on a recent decision over a dispute at the Hollywood Station Condominium by Florida’s Fourth District Court of Appeal that illustrates one potential outcome for community association lawsuits brought by concerned unit owners.  His article reads:

. . . The case pitted Tara Ezer, a unit owner at the condominium and member of its association, against the association and six members of its board of directors. Her suit alleged that the directors violated the community’s bylaws by obtaining a loan without unit owner approval to fund material alterations to the common elements, and they misrepresented how the association would pay for the project.

Ezer’s lawsuit was a derivative action where one or more shareholders file suit in the name of a corporation against its officers and/or directors over its management/finances. The lawsuit sought an injunction to stop the alterations and requested the appointment of a receiver to manage the affairs of the condominium. It also sought damages from the defendant directors for breaches of fiduciary duties, civil conspiracy, and aiding and abetting fraud.

EValdes-Herald-clip-for-blog-4-9-23-101x300The case first arose in September 2020 when Ezer provided the board of directors with a letter summarizing her claims, which was followed by the filing of the lawsuit the very next month. In accordance with Florida law, the association responded to Ezer’s letter by commencing an investigation on the allegations to be led by an independent committee.

Continue reading

MichaelHymanThe firm’s latest Miami Herald “Real Estate Counselor” column was authored by Michael L. Hyman and appears in today’s edition of the newspaper.  The article, which is titled “Boca Condo Offers Case Study in Pitfalls of Prolonged Litigation for Associations, Owners,” focuses on the takeaways from the ongoing epic litigation involving the Boca View Condominium that has been covered by the Sun Sentinel.  His article reads:

. . . This latest of several articles by the newspaper on Boca View’s litigation chronicles how unit owner Eleanor Lepselter is now asking the court to find the association in contempt and impose fines of $500 a day until it complies. It states that deadlines set by two court rulings for the association to produce the records have already passed, and the motion for contempt that was filed on Feb. 21 accuses the association of having no plan to release the records.

The case dates back to February 2019 when Lepselter submitted written requests to the association’s property manager seeking to inspect financial records for the four-story, 72-unit property that lies between the Intracoastal Waterway and Atlantic Ocean in Boca Raton. MHyman-3-26-23-clip-for-blog-101x300Her request stated she had appointed her attorney to conduct the inspection, and the attorney’s request cited a provision of Florida’s condominium laws requiring associations to make such records available to unit owners or their personal representatives.

The association responded by designating a time for Lepselter to inspect its financial records, but it refused to allow her attorney to accompany her. She challenged that decision by filing for arbitration with the state’s Department of Business and Professional Regulation, and the agency’s arbitrator found in her favor.

Continue reading

Marc-Smiley-SRHL-law-200x300The firm’s latest Miami Herald “Real Estate Counselor” column was authored by partner Marc A. Smiley and appears in today’s edition of the newspaper.  The article, which is titled “Harassment Reports, Video Voyeurism by Association Presidents Highlight Need for Vigilance,” focuses on the takeaways for community associations and their owner members from two recent cases of horrific behaviors by association and co-op presidents.  Marc’s column reads:

. . . The first report by South Florida’s Local 10 News focused on the president of a co-op building who was caught on camera verbally abusing a resident. Larry Reinfeld, the president of Building V in Ro-Len Lake Gardens in Hallandale Beach, has since been hit with a restraining order barring him from having any contact with a resident or coming within 5 feet of her apartment.

Two videos of Reinfeld’s behavior were shared with the station’s reporter. In one, he is seen calling a resident a profane name as she walks by him, asking her if he is blocking the walkway. MSmiley-3-12-23-clip-for-blog-102x300Dispatch records show she called police after Reinfeld allegedly asked her as she walked to her car: “Are you paranoid enough?”

Residents told the reporter that such behavior is not unusual for Reinfeld. One says she brought it to the attention of the building’s vice president, who told her she should just keep her door shut and her blinds closed.

“I even put it in writing to the association, and they did nothing,” she states.

Continue reading

CSantisteban-200x300The firm’s latest Miami Herald “Real Estate Counselor” column was authored by Christyne D. Santisteban and appears in today’s edition of the newspaper.  The article, which is titled “Growing Condo Association Budgets Require Deft Touch by Directors, Property Managers,” focuses on how condominium associations should respond to the increased costs and financial pressures they are now facing.  Her article reads:

. . . [M]any condominium associations are being forced to increase their annual budgets and augment their monthly dues, and/or to implement special assessments to pay for specific unexpected shortfalls.

Needless to say, anytime costs and collections go up dramatically, questions will arise from concerned owners over how their associations’ funds are being spent. That is why transparency and communications will play a key role for associations that are increasing their budgets and assessments.

CSantisteban-2-26-23-clip-for-blog-101x300The best approach for associations and their directors to adopt will be that of full disclosure and complete transparency, which actually begins by determining where cost-cutting adjustments could possibly be made. This may entail meetings and negotiations with key vendors.

Association directors should also schedule and hold discussions over such budgetary and collections increases at all the necessary board meetings that it takes to address owners’ questions and concerns.

Continue reading

Gary-Mars-2021-2-200x300The firm’s latest Miami Herald “Real Estate Counselor” column is authored by shareholder Gary M. Mars and appears in today’s edition of the newspaper.  The article, which is titled “National Media Focuses on Impact of Florida’s New Condo Safety Law on Association Budgets,” begins by discussing a recent segment on Fox Business Network’s Mornings with Maria show about the financial repercussions of Florida’s new condominium safety law on the state’s condo associations and their unit owners.  It reads:

. . . The host and panelists point out that the mandates for reserves and engineering safety inspections/reports represent new expenses that will need to be borne by condo owners. Their message to recent buyers or those who may be considering a condo in the Sunshine State: Do your homework and come to terms with the fact that the current monthly association dues for many properties are very likely going to see substantial increases in the near future.

Panelist Mitch Roschelle also bemoans that after the Champlain Towers South tragedy, many condominium owners in the state are no longer willing to serve on their board of directors for fear of exposure to potential legal liabilities for their votes and decisions.

GMars-Herald-clip-for-blog-2-12-23-100x300While it did paint a particularly gloomy outlook for the state’s condo associations and owners, this recent morning news show segment was not the first and certainly will not be the last of the national news media reports focusing on the coming increases in Florida condominium association budgets created by the state’s new safety reforms. There is no doubt that many properties are going to need to increase their monthly dues and/or enact special assessments to address immediate needs together with the coming inspections and reserves requirements.

Continue reading

MichaelHymanThe firm’s Michael L. Hyman is prominently featured and profiled in a new book from the Community Associations Institute titled “Creating Community Association Law: True Tales from Early Pioneers.”

The new volume focuses on the history behind the laws governing homeowners and condominium associations. Author Marvin Nodiff delves into the creation of states’ first association laws and the attorneys who led the charge to enact them.

Hyman first began work with condominium associations and HOAs in 1970. The book discusses his work in the 1970s and ‘80s in filing lawsuits to free communities from triple-net leases that left buyers and owners responsible for paying developers rent for shared recreational amenities for up to 99 years. CAI-book-300x300He was appointed to The Florida Bar’s first condominium commission, which conducted hearings throughout the state, and he was one of the authors who rewrote the condominium statute to provide operational rights to owners.

Hyman became the first attorney in South Florida to launch a major practice dedicated to the representation of community associations.

Continue reading

MichaelHymanThe firm’s latest Miami Herald “Real Estate Counselor” column is authored by Michael L. Hyman and appears in today’s edition of the newspaper.  The article, which is titled “Florida HOA Communities Installing New License Plate Reader Cameras,” focuses on deployments by communities of new automated license plate reader cameras that automatically read and record the license plate of all passing vehicles.  Michael’s article reads:

. . . For HOAs and even some condominium communities, especially those facing security and safety issues and concerns, deploying such cameras at key entrance/exit points with the accompanying signs alerting drivers of the monitoring could represent an effective prevention and investigative tool.

News reports over the last several years have chronicled ALPR installations by Florida HOAs locally in Coral Springs as well as in the areas surrounding Tampa Bay, Jacksonville, Panama City and Naples. MHyman-Herald-clip-for-blog-1-29-23-300x300A recent article on the TapInto.net news site that also appeared on msn.com focused on the Kensington Glen community in Coral Springs and its deployment of ALPR cameras that are connected to the city police department’s Real Time Crime Center.

Gil Sternbach, the president of the HOA for the community with 258 homes and no security gates or guard house, describes the cameras as their “invisible gate.” The HOA installed four solar-powered ALPR cameras to read license plates and capture images of vehicles going in and out of the two roads leading into the community.

Continue reading

Contact Information