Condo Mold and Association Duty
Perez Mayoral, P.A. recovered $95,000 for a unit owner in a Miami-Dade County water intrusion and mold matter after the association left the source of the moisture unaddressed. The figure covered remediation and interior rebuild work along with the disruption the owner absorbed while the problem sat.
Mold rarely starts inside a...
Florida HOA Developer Turnover: When and How Control Transfers from Developer to Homeowners
Florida law entitles members of a homeowners’ association to elect a majority of the board of directors when the earliest of six statutory events occurs. See Section 720.307(1), Fla. Stat. The most common trigger is three months after 90 percent of parcels in all phases of the community have been conveyed to...
International Award Enforcement Questions
Miami hosts a genuinely significant volume of international commercial arbitration activity, supported by dedicated arbitration facilities and a specialized division within the local circuit court that handles these cases specifically. A Miami arbitration lawyer explains this concentration of legal knowledge makes Miami a genuinely attractive venue for parties enforcing awards connected to...
Florida Condo Material Alterations to Common Elements: When the 75% Vote Is Required and What Counts
Florida law prohibits a condominium association from making any material alteration or substantial addition to common elements unless the declaration specifies an approval procedure — or, if the declaration is silent, 75 percent of the total voting interests of the association must approve the change before it begins. See Section 718.113(2)(a), Fla....
Why Cross-Border Deals Need Governing Law
Miami has become a genuine hub for cross-border business, particularly for companies with connections to Latin America, and this international activity brings specific legal questions that purely domestic deals rarely raise. Understanding how these contract provisions actually work matters considerably for anyone in Miami doing business across national borders.
Many business owners...
Heron Bay Owners Push Back on Leasing Rules
Homeowners in one of Broward County’s largest communities recently learned how quickly a board can move on rules that change what owners may do with property they own. The pushback from Heron Bay residents was immediate, and it made a difference. What happened there is worth understanding for anyone who owns in...
Florida HOA Fines and Common-Area Suspensions: How the Process Must Work
Florida law permits a homeowners’ association to impose fines and suspend common-area use privileges only after following a mandatory multi-step procedure. See Section 720.305(2), Fla. Stat. The process requires at least 14 days’ written notice, a hearing before an independent committee of at least three qualified association members, and a majority vote...
Why Mediation Comes Before the Courtroom
A homeowner cannot simply file suit against their association the very moment a disagreement first arises between the two parties. Under Florida Statute Section 720.311, disputes between a homeowners association and a parcel owner regarding use of or changes to the parcel or the common areas, and disputes involving the association’s failure...
Buying a Florida Condo at Foreclosure: The First-Mortgagee Safe Harbor on Past-Due Assessments
Under Florida law, a person who acquires title to a condominium unit — including by purchase at a foreclosure sale — is jointly and severally liable with the prior owner for all unpaid assessments that accrued before the transfer. See Section 718.116(1)(a), Fla. Stat. The main statutory cap on pre‑transfer assessments applies...
The Real Cost of HOA Fees in Fort Myers
Homeowners association fees have become one of the largest recurring costs of owning property in Southwest Florida. For many buyers and longtime residents, monthly dues now compete with other major items in the household budget. Knowing what these fees cover, and where owners hold rights, matters more than it used to.
The...