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Recent News

CONDO ARBITRATION AND MEDIATION UNDER
SECTION 718.1255 OF THE FLORIDA STATUTES

PRINT ARTICLE By:  Vanessa Fernandez, Esq. This article concerns the recent amendments to the alternative dispute resolution provisions of the Condominium Act. All references to sections and subsections of statutes in this article are to the Florida Statutes (2021). The Condominium Act requires arbitration of certain disputes

Homeowners’ Associations – Remember to Discuss Preserving Your Community Covenants

PRINT ARTICLE By:  Alexander J. Menendez, Esq. It’s something that’s easy to put off. However, after being recorded for thirty (30) years, if not properly preserved, a community’s covenants or deed restrictions can be extinguished by Florida’s Marketable Record Title Act (known as “MRTA” for short).  Further,

CONDOMINIUM BOARD MEMBER EMAILS TO PRIVATE EMAIL ACCOUNTS MAY BE OFFICIAL RECORDS

PRINT ARTICLE By: Christina Harris Schwinn, Esq. On January 12, 2022, the State of Florida’s Department of Business and Professional Regulation’s Division of Florida Condominiums, Timeshares and Mobile Homes (“Division”) issued a final order granting a Petition for Declaratory Statement (“DS”) addressing whether emails between condominium

AVOID CONTRACTING YOUR CONSTRUCTION LIEN SHIELD AWAY: POTENTIAL RISK COMMERCIAL LANDLORDS FACE WHEN FACILITATING AND FUNDING A TENANT’S BUILD-OUT

PRINT ARTICLE By:  Dillon L. McColgan, Esq. Last month, the Third District Court of Appeal in Florida filed its opinion in K.D. Constr. of Fla., Inc. v. MDM Retail, Ltd., 2021 WL 5617447 (Fla. 3d DCA Dec. 1, 2021), addressing a significant concern facing many commercial landlords—when

CHAMPLAIN TOWERS SOUTH IN SURFSIDE, FLORIDA: FREDDIE MAC ISSUED NEW BULLETIN ON MORTGAGE ELIGIBILITY ON CONDOMINIUMS IN NEED OF CRITICAL REPAIRS OR WITH SPECIAL ASSESSMENTS

PRINT ARTICLE By: Christopher L. Pope, Esq., Florida Bar Board Certified Specialist in Construction Law and Condominium & Planned Development Law Because of the collapse of the Champlain Towers South in Surfside, Florida, on December 15, 2021, Freddie Mac issued Bulletin 2021-38: Temporary Condominium and Cooperative

OSHA SUSPENDS IMPLEMENTATION OF ITS MANDATORY COVID VACCINE/TESTING REQUIREMENTS

PRINT ARTICLE By:  Christina Harris Schwinn, Esq. Effective as of November 16, 2021, OSHA announced that it will suspend implementation of its emergency temporary standard (ETS) on mandatory COVID vaccine/testing requirements that it issued on November 4, 2021.  This announcement follows the entry of an order by