Category Archives: Condo

Defense of Foreclosures

Posted on May 16, 2011 by joelmctague

The Fourth Circuit just released it’s opinion in E Qualcom Corp. v. Global Commerce Center Association, Inc..  This is one of the most disturbing condominium foreclosure cases ever.  Normal condominium foreclosure law provides few legitimate defenses by the unit owner.  … Continue reading →

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2011 Condo and HOA Update

Posted on May 12, 2011 by joelmctague

The 2011 Florida Legislative Session was rather quiet and uneventful for community associations, preferring the status quo over a serious re-write of community association laws.  In that sense, the legislature chose to fix some of the questions raised by the … Continue reading →

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Cohn v. Grand Condominium

Posted on April 29, 2011 by joelmctague

Recently the Florida Supreme Court on March 31st issued their opinion in Cohn v. Grand Condominium[1] holding that a condominium declaration is immune to future statutory changes that the legislature enacts unless the condominium document states that it is subject … Continue reading →

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9th Circuit, Chipolte and the Disabled

Posted on July 30, 2010 by joelmctague

If you didn’t see it, the 9th Circuit just ruled in a huge case that will affect many restaurants that restaurants that have 45″ counters where you can watch your food being prepared (e.g., Subway, Quiznos, Chipolte and the like) … Continue reading →

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Property Damages

Posted on May 25, 2010 by joelmctague

The 11th Circuit upheld the trial court in Eastpointe Condominium I Asn. Inc. v. Travelers Casualty & Surety Company.  In that case, a unit owner sued the association claiming the association failed to maintain the property adequately.  The association tried to get … Continue reading →

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■A Review of Florida’s SB 1196 and HB 561 as it applies to Condos

Posted on April 29, 2010 by joelmctague

The Florida legislature just passed SB1196, so I thought it might be a good idea to review it. Fire Alarm Systems: – Amending s. 633.0215, F.S.  Fire alarm systems are not required for buildings less than four stories with exterior means … Continue reading →

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A Review of Florida’s SB 1196 and HB 561 as it applies to HOAs

Posted on April 27, 2010 by joelmctague

Here are some the changes in the latest legislation here in Florida regarding home owner associations: Records Access:   §720.303(5) This moves to a condo approach.  If you don’t get a response to your request for records in 10 days, and … Continue reading →

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Pet Peeves in Condo Declarations – Part One

Posted on April 26, 2010 by joelmctague

Who is responsible for the repair, replacement and maintenance of the utility lines that service a unit or home that travel through association property? This is a question that’s been cropping up a lot lately for some condominium and home owner associations.  … Continue reading →

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