Association

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: […]

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 […]