Trial court erred in awarding attorney’s fees to condominium association in litigation challenging association’s authorization of receiver for units for which payment of assessments was delinquent to cast votes on behalf of owners of those units MARIA GONZALEZ and IDA LEAL, Appellants, vs. INTERNATIONAL PARK CONDOMINIUM I ASSOCIATION, INC., Appellee. 3rd District. Case No. 3D16-690. […]

The decision above addresses an association’s ability to file an independent action to foreclose a lien while a mortgage foreclosure action protected by a lis pendens is pending, a very meaty issue, so plenty of analysis. THE FACTS. The sequence of events which spans two separate foreclosure actions, lien and mortgage, and appeals of each: […]

The decision above should be of significant importance to real estate practitioners because the decision reinstates the vitality of the lis pendens statute. The Facts. The appeal arose from a quiet title action following a lengthy, seemingly nondescript foreclosure action with the following chronology: November 26, 2007 – Bank files Complaint accompanied by a Lis […]

Whether a mortgage with a correct legal description can be foreclosed if the deed to the mortgagor/borrower contained a defective legal description was at issue in this case.The trial court dismissed the lender’s mortgage foreclosure action and reformation action. Two instruments were involved in this case, whether a deed to Mr. Dori and a mortgage from him […]

Selective Enforcement / Nuisance At issue was the enforcement of two restrictions. The declaration of condominium prohibited: A unit owner from altering, modifying or replacing the interior of a unit without the prior consent of the Association’s Board of Directors. Another provision specifically applicable to flooring captioned “noise” stated: Unless expressly permitted in writing by the […]