Tannenbaum Scro, P.L.
Call For a consultation
941-444-9092 | 866-615-4543
Spanish Language Services Available

Posts tagged "condominium association"

Questions You Should Ask When You're Thinking about Buying a Home in a Community Association

Florida's housing market is growing again. Florida Realtors® reported that October 2014 sales of single-family homes rose 17.8% and sales of townhomes/condos rose 7.4% since last October. If you're ready to purchase a new home, it's very likely that you'll be looking at properties which are governed by an association (this includes homeowners associations, condominiums, cooperatives and other planned communities). Community Association Institute® ("CAI") and its sister organization, the Foundation for Community Association Research, estimates that there are 26.3 million homes within these communities. If you're considering purchasing a home in one of these communities, CAI recommends, that at a minimum, you should get answers to these questions before you buy a home in a community association:

ONE MAN'S BATTLE AGAINST CONDO ASSOCIATION TO KEEP HIS SERVICE DOG

South Florida condominium owner, Alexander Warren, and the Delvista Tower Condominium Association have been battling in and out of court over Warren's service dog for the last year. Warren was diagnosed post-traumatic stress disorder and severe recurrent depression. His doctor recommended the use of a service dog and sent a letter to the association requesting that they make a reasonable accommodation for his service dog, despite having a no-dog policy. When the association failed to bend the rules and accommodate the service animal, Warren hired lawyers and filed suit claiming violations of the Fair Housing Act (FHA) and discrimination against a disabled resident. On July 29, 2014, a federal district court in Miami ruled that altering a "no-pet" policy is considered a reasonable accommodation under the FHA.

DISTINGUISHING WARRANTY EXPIRATION FROM STATUTE OF LIMITATIONS' EXPIRATION FOR FLORIDA CONDOMINIUM AND HOMEOWNER ASSOCIATION

A warranty period in the context of condominium and homeowner association construction warranties is the finite period of time that the quality of a particular building component is guaranteed by a developer, general contractor, etc.  A statute of limitations in the context of a warranty claim is the period of time during which a claim on the warranty must be filed in court to preserve the warranty claim.  These time periods are often confused.   Hopefully, this post will help clarify the matter.

Unit Owner Sues Condominium Association for Water Intrusion - Association Prevails

Unit owner Jerome Feldman and his company sued the Villa Regina Association, Inc. for water damage in the unit from the common element. Generally, if damage to a unit is repairable, thus rendering the damage "temporary", the measure of damage is the cost of repair. Where the cost of repair would exceed the value of the unit or restoration is impractical, thus rendering the damage "permanent", the measure of damages is the diminished value of the unit.

DISTINGUISHING WARRANTY EXPIRATION FROM STATUTE OF LIMITATIONS' EXPIRATION FOR FLORIDA CONDOMINIUM AND HOMEOWNER ASSOCIATION CONSTRUCTION DEFECT CLAIMS

A warranty period in the context of condominium and homeowner association construction warranties is the finite period of time that the quality of a particular building component is guaranteed by a developer, general contractor, etc.  A statute of limitations in the context of a warranty claim is the period of time during which a claim on the warranty must be filed in court to preserve the warranty claim.  These time periods are often confused.   Hopefully, this post will help clarify the matter.

Tannenbaum Scro, P.L.
1990 Main Street
Suite 725
Sarasota, FL 34236

Toll Free: 866-615-4543
Phone: 941-444-9092
Fax: 941-316-0515
Sarasota Law Office Map

Tannenbaum Scro, P.L.
214 S. Lucerne Circle
Orlando, FL 32801

Phone: 407-738-4379
Orlando Law Office Map

Tannenbaum Scro, P.L.
970 Lake Carillon Drive
Suite 300
St. Petersburg, FL 33716

Phone: 727-287-1018
St. Pete's Law Office Map