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Condominium Sub-Association has Standing to Sue in Its Own Name, and on Behalf of Its Members as Well
...Read Case
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Q: Can a condominium association prohibit the installation of hurricane shutters by an owner? I would believe they would have the right to dictate some of the requirements of the shutters but can they outright restrict the installation of same?
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Q: Our board of directors for our homeowners' association often does not have a quorum present at board meetings since some members work or are frequently out of town. What can be done by a board in the absence of a quorum? If a quorum is initially established but some directors have to leave the meeting early, does the quorum still stand?
...Read Answer
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Vol. II, 2007 |
If You Snooze, You Lose
By: Alan Garfinkel, Esq.
Despite the Insurance Industry making over $100 Billion Dollars (that is One Hundred Thousand Million) in profits following the catastrophic hurricanes of 2004 and 2005, a number of insurance companies went bankrupt. In Florida, when an insurance company goes bankrupt, pending claims are handled and paid for by the Florida Insurance Guaranty Association ("FIGA"). When FIGA takes over the handling of an insurance claim, it is vital that a common interest ownership community act quickly and in strict compliance with all relevant statutes in order to preserve the association's rights under its insurance policy. Failure to understand the timeframes and legal requirements may result in losing all rights to collect money due to the association. It is recommended that, at a minimum, a board of directors consult a lawyer on these often complex legal requirements.
..Read the entire Article
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Park Somewhere Else - Is a City Ordinance which Restricts the Parking of Trucks Valid?
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By: Samuel Landol, Jr., Esq.
Although the following decision applies to a municipal ordinance and NOT to a private restriction in a common interest ownership community, it is worth reviewing to determine what a Florida Appellate Court deems reasonable in terms of these kinds of restrictions.
In the case of Lowell Joseph Kuvin v. City of Coral Gables, 32 Fla. L. Weekly D2009b, (Fla. 3rd DCA 2007), the dispute concerned whether or not a municipality may ban its residents from parking a "personally-used" pick-up truck on a public street or even a private driveway. In this case, the City of Coral Gables, Florida ("City") is an upscale community located adjacent to the City of Miami and home of the University of Miami.
..Read the entire Article
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Message from the Editor
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