Samuel B. Franck | Ward and Smith The concept and designation of the “Declarant” arise from the formation of a planned community or a condominium. When the developer declares land to restrictions described in a “Declaration” for a planned community or a condominium, that developer has the opportunity to reserve certain rights to itself as the… Continue reading Who Is The Declarant? And Why Does It Matter?
Category: Home Owner Associations
Class Action Certification by Association for “Matters of Common Interest”
David Adelstein | Florida Construction Legal Updates Associations have authority to pursue as a class, on behalf of all of their respective members, lawsuits “concerning members of common interest to the members.” Fla. R. Civ. P. 1.221. This includes, but is not limited to, the common property or the areas in which the association is responsible. … Continue reading Class Action Certification by Association for “Matters of Common Interest”
Commercial Owners Associations/Residential Owners Associations The Same — But Different
Justin M. Lewis | Ward and Smith What are commercial owners associations, and are they really that different from residential owners associations? Commercial owners associations are nonprofit corporations that govern planned communities, condominiums, or a combination of the two, in which the lots and/or units are used for non-residential purposes. Commercial owners associations are governed… Continue reading Commercial Owners Associations/Residential Owners Associations The Same — But Different
Deck Police – The New Mandate for HOA’s Takes Safety to the Next Level
Joseph A. Ferrentino | Newmeyer Dillion | November 7, 2019 A recent California law will hold homeowners’ associations accountable for the safety of their decks. SB326 now mandates all homeowners’ associations to have decks inspected at least once every nine years by an architect or structural engineer to determine whether the decks are safe and waterproof.… Continue reading Deck Police – The New Mandate for HOA’s Takes Safety to the Next Level
Common Charges In Mixed Use Condominiums
Smith Gambrell & Russell | September 16, 2019 Condominium boards that operate buildings with both commercial and residential units frequently ask us for assistance in disputes involving the calculation of common charges. Determining common charges in buildings that are completely residential is typically straightforward — the board develops a budget and then divides the projected… Continue reading Common Charges In Mixed Use Condominiums