On March 21, 2012, the United States Supreme Court issued a unanimous opinion holding that a United States Environmental Protection Agency compliance order is final agency action for which no other adequate remedy exists except Administrative Procedures Act review and that the Clean Water Act
Increasingly, many condominium associations are forced to deal with the issue of unit owners who are being foreclosed upon by their lenders, and who are delinquent in the payment of assessments to the association. In most cases, any lien that the association may have on the
A short provision contained in House Bill 7019, signed into law by Governor Scott on June 14th, may give permit holders another chance to obtain an automatic two year extension of their permits and approvals. As in past “automatic” extensions, it requires a written request
The Florida Legislature again provided for an automatic two-year extension of certain local government development orders or building permits and for certain permits issued by the Florida Department of Environmental Protection or a water management district. This becomes especially important to consider in light of questions
“Prescriptive pets” are a growing concern plaguing condominium associations. Boards are often forced to decide whether or not to pursue arbitration in order to require the removal of the pet in light of threatened discrimination claims by the unit owner. In Karanda Village VII Condominium Association,
In the past year, a number of our clients have sought our advice after having been contacted by various companies offering creative options to for the collection of delinquent account.Often, these companies offer to forward fund a substantial portion of the unpaid assessments, with a
In Killeen v. S.B. Club Condominium Association, Inc., Case No. 2008-06-4403, Summary Final Order (March 6, 2009), the Unit Owner purchased his unit shortly before the Association sent a letter to all unit owners advising that it would begin to strictly enforce provision of the Declaration
TWO OF THE MORE THAN 2,000 BILLS expected to be considered by the 2014 Florida Legislature could impact the way businesses hire employees. Designed to give potential employees with not-so-stellar criminal and credit backgrounds a better chance of scoring a first interview or getting the
At a recent California community association forum, a friendly professional disagreement arose over a manager's contention that individual board members can't act on anything because individually they have no standing to act. He insists individual board members can act only when they comprise a board,
In a September 2012 HOAleader.com article, we discussed state laws and offered tips for proceeding when nobody runs for the board. One of our Florida experts noted that under Florida laws governing HOAs, the problem solves itself because board members serve until their replacement is selected. Florida laws have