Blog

What is a Service Animal Letter?

Post date : 25 Nov, 2020

State and federal law guarantee certain rights and protections to people who need the assistance of a service animal or an emotional support animal (often referred to as an “ESA”). To take full advantage of these legal rights, however, there are certain steps animal owners must take. This is particularly true if you live in pet-restricted housing. If you wish to keep a service animal or an ESA in pet-restricted…

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Therapy Dogs and Housing Pet Restrictions

Post date : 11 Nov, 2020

Many people seek comfort in the paws of a pet but may not know all the terminology for the various types of animal-owner relationships. Therapy dogs? Emotional support dogs? Service dogs? The various terms may seem like they could be interchangeable, but in reality and under the law, the status of your animal may have major implications on things like your rights to keep your dog in pet-restricted housing. Under…

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Condo Board Elections: Recalls, Fraud, and Other Election Issues Owners Should Know

Post date : 30 Oct, 2020

As Condo Board election season gets underway, it is important for condo owners to understand that they have rights and options for ensuring that elections are fair and that condo board members do not abuse their position of power. From access to election records, to seeking to recall a board member or members, and/or complaining to the state agency that supervises condo operations, Florida condo owners can challenge condo board…

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The Role of a Mold Assessor in Your Condo’s Black Mold Florida Claim

Post date : 22 Oct, 2020

Discovering black mold in your Florida condo can be a distressing experience. Unfortunately, the high humidity levels in Florida can make preventing and controlling mold growth particularly challenging. Knowing what steps to take after discovering black mold in your home, including hiring licensed mold assessors and contractors, can help make the claims and remediation process go more smoothly and give you peace of mind during what can be a stressful…

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Florida Condo Association Negligence: Roofs, Stucco, and the Failure to Maintain

Post date : 16 Oct, 2020

Under Florida condo law, condominium associations are responsible for maintaining the common elements of the property. Generally, this includes the parts of the complex that belong to all owners, such as the roof, exterior walls, grounds, walkways, corridors, and lobbies. Common elements do not include anything inside the four walls of your unit, with the exception of things like plumbing and wiring for the delivery of utility services if it…

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Psychiatric Service Dogs: Can You Have a Service Dog for Depression?

Post date : 28 Sep, 2020

The companionship and comfort dogs can provide to people suffering from depression is already well known. Service dogs, including psychiatric service dogs, have special training and are typically for people with severe issues. Emotional support animals (ESAs) can help to alleviate the symptoms or effects of depression or other psychological conditions. If you suffer from depression and have a dog, even if not trained to perform work or tasks for…

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What Does an HOA Board in Florida Consider When a Request for an Emotional Support Animal is Made?

Post date : 2 Sep, 2020

If you are wondering how to get an emotional support animal approved in pet-restricted housing, it is important to understand what is required under Florida law on emotional support animals. Knowing what your Condo Association or Homeowners Association (HOA) is permitted to consider when you make your request, as well as what could raise red flags when your application is received, will go a long way to ensuring that your…

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Restrictive Covenants: How Restrictive Can Your Florida HOA and Condo Board Be?

Post date : 12 Aug, 2020

Although Florida Homeowners Associations and Condo Associations are allowed to establish use and occupancy restrictions and rules, state and federal law provide important protections for owners against restrictions that are unreasonable, arbitrary, or discriminatory. Any “restrictive covenants” must be “reasonable and rationally related to a permissible state objective.” An experienced Florida condo attorney can assist you in challenging a restrictive covenant your HOA or Condo Association is seeking to enforce…

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Emotional Support Animals vs. Service Animals: What’s the Difference?

Post date : 23 Jul, 2020

If you need the assistance of an animal to alleviate the symptoms or effects of a disability (or even to detect covid-19!), it is important to understand that there are different categories of assistance animals, and how your animal is defined will impact how your request for an accommodation for your animal will be treated under the law. In guidance released in January 2020, the federal Department of Housing and…

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The Perils of Getting an Online Support Animal Letter

Post date : 14 Jul, 2020

If you live in pet-restricted housing in Florida and are trying to get approval to keep an emotional support animal in your home, you may be tempted to use an online service.  For little cost or effort you can obtain a letter stating that you are qualified to have a support animal and then submit the letter to your Condo Association or HOA. This option may also be particularly appealing…

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What You Should Know About Hurricanes, Your Condo, and Your Emotional Support Pet

Post date : 26 Jun, 2020

As hurricane season gets underway, there are a number of important preparedness steps Floridians should be taking. Creating or updating your family disaster plan, stocking your home and car with emergency supplies, collecting important documents (emergency phone numbers, insurance information), and preparing for a possible evacuation order, are just a few key elements of Florida hurricane preparedness. Your pets must also be included in your safety and evacuation plans. There…

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Telehealth and Emotional Support Animals

Post date : 22 Jun, 2020

The coronavirus health crisis has impacted all of our lives in ways large and small. As the country continues to deal with the pandemic, we are experiencing a new normal. We are working from home, meeting our friends and family for virtual get-togethers, and many of us have been introduced to telemedicine for the first time, having virtual visits with our healthcare providers. Telehealth has many benefits and even when…

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Mold and Water Damage in Condos Caused by Association’s Failure to Maintain Common Elements

Post date : 28 May, 2020

It has been a particularly rainy spring in Florida and many condominium owners are dealing with water and mold damage because their Associations are failing to maintain the common elements in their complex. Fortunately, if the Association has failed to properly maintain the comment elements, such as the roof or the exterior walls, the Association should be responsible for any interior damage to your unit caused by the failure. Similarly,…

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The Benefits of Emotional Support Animals for the Disabled

Post date : 13 May, 2020

May is Mental Health Awareness month and this year the outbreak of COVID-19 has affected the mental health of many people around the world. Particularly for those who live alone, a shelter in place order can lead to feelings of isolation, loneliness, anxiety, and depression.  Even the CDC has provided guidelines to cope with stress during the pandemic. Their “Be Kind to Your Mind” tips advise people to make time…

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Florida Senate Passes Bill Criminalizing Misrepresentation of Need for Comfort Pet

Post date : 29 Apr, 2020

Last month, the Florida Senate unanimously passed a bill targeting people who misrepresent their need for an emotional support animal in housing like condominiums and rental buildings.  The bill makes it a second-degree misdemeanor, punishable by up to sixty (60) days in jail and/or a $500 fine, as well as community service, to submit false information to a housing provider in support of a request to keep an emotional support…

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What Maintenance and Repair Responsibilities Will I Have in My New Florida Condo

Post date : 8 Apr, 2020

When you buy a condo in Florida, it is important to understand the maintenance and repair obligations you will have as an owner.  Generally speaking, your condo owner’s association (COA) will be responsible for maintaining and repairing the common spaces.  For a detached condo, this typically covers landscaping, trash, and the building exterior.  Some exterior maintenance items like roofing repairs, old paint, and rotted wood will also likely be handled…

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A Guide to Navigating the Coronavirus for Florida Condo Owners

Post date : 26 Mar, 2020

As we all navigate the new reality we are living in the wake of the COVID-19 outbreak, it is important to stay calm, keep up-to-date on the latest developments, and do everything you can to protect yourself, your loved ones, and your community.  Many of our clients are living in condo communities and are struggling with how to avoid spreading the virus in and around the common areas. Here are…

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How to Find Out if the Florida Condo You Want to Buy is Pet-Friendly

Post date : 11 Mar, 2020

If you are looking to buy a home in a pet-friendly condo, be sure to check the rules of the condo or homeowner’s association (HOA).  There are likely to be restrictions on the kind of pets you can bring, where they can go within the community, and how they are expected to behave.  As a prospective homebuyer in Florida, you are entitled to full disclosure of an association’s pet policy. …

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What is my Florida Condo Association Required to Post on Its Website

Post date : 27 Feb, 2020

You may not know it but your Florida condominium association may be required to have a website containing a wealth of useful information for unit owners.  In the age of technology and transparency, access for unit owners to everything from notices of board meetings to copies of budgets, bids, declarations, and financial reports should be only a few clicks away.  Florida law now requires condo associations with 150 or more…

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HUD Issues New Guidance on Support Animals

Post date : 12 Feb, 2020

On January 28, 2020, the U.S. Department of Housing and Urban Development (HUD) released guidance on the process of requesting an accommodation under the federal Fair Housing Act (FHA) for a comfort pet.  The previous guidance put out by HUD (FHEO-2013) is now replaced with this new guidance report.  The FHA provides that disabled persons may request a reasonable accommodation from their housing association for service animals or support animals. …

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My HOA Hasn’t Responded to My Complaint – What Now?

Post date : 22 Jan, 2020

Condo Law Firm For Consumers If you are involved in a dispute with your Homeowner’s Association, it is important to understand your rights and obligations, as well as your possible options for pursuing a complaint.  Whether your dispute involves a selective enforcement claim, a request for a reasonable accommodation for a therapy pet, payment for water or mold damage to your unit, or another issue, there is a specific process…

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FAQs About Mold and Moisture in Your Florida Condo

Post date : 8 Jan, 2020

Florida Condo Mold and Water Damage Claims Living in a warm and humid climate like Florida’s puts your home at risk for mold growth. The risk only increases during hurricane season (June 1 – November 30).  Mold prevention should not only be a regular part of maintaining your Florida condo, but it is also important to your health and well-being.  Understanding how to prevent mold growth, what to do if…

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Liability of Individual HOA Board Members for Fair Housing Violations

Post date : 23 Dec, 2019

If your request for a reasonable accommodation from your Florida condo association has been denied (such as a request to keep an emotional support animal or service dog in your pet-restricted condo), you may have a viable claim that the association has violated the Fair Housing Act (FHA).  The FHA prohibits discrimination against disabled residents and requires associations to provide reasonable accommodation in rules, policies, practices, or services when requested. …

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How to Prove Selective Enforcement By a Florida Condo Association

Post date : 16 Dec, 2019

Condominium owners who believe that their association is unfairly enforcing a rule or restriction against them may be able to claim “selective enforcement” as a defense.  Under Florida Law, condominium restrictions or limitations cannot be enforced in a selective or arbitrary manner. In other words, a condo association or HOA cannot enforce a rule against only one homeowner or small group of homeowners, while not enforcing the same rule against…

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How Do I Get My Therapy Pet Approved in Restricted Housing

Post date : 25 Nov, 2019

If you suffer from a psychiatric disability and rely on your therapy pet to alleviate your symptoms, you may face resistance from a condo association or HOA with a “no pets” policy.  Because use of “emotional support” animals to treat psychiatric disorders is not as well understood as, for example, the use of service dogs by the blind, some associations may be skeptical of your claim.  The good news is…

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Who Will Pay for the Water Damage in my Florida Condo

Post date : 14 Nov, 2019

If you have suffered water damage in your Florida condominium, it is important to understand your rights and obligations.  Whether or not you will have any responsibility to pay for the resulting damage will depend primarily on its cause. Generally speaking, if the damage was caused by an “insurable event,” meaning something unusual, unexpected and sudden, your condo association is responsible for repairing damage to the common elements (drywall, infrastructure)…

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How to Get Accommodation for Comfort Pets in Florida Condos

Post date : 24 Oct, 2019

If you have a comfort pet you wish to bring to your pet-restricted Florida condominium, you can make a formal request to your association.  Federal law allows condo owners with disabilities to seek accommodation for a comfort dog or other pet, referred to as an “emotional support animal.”  The Fair Housing Act prohibits discrimination against disabled residents and requires associations to provide reasonable accommodation in rules, policies, practices, or services…

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Federal Government to Provide Guidance on Verification Requirement for Emotional Support Animals

Post date : 3 Oct, 2019

The law allows people with disabilities who wish to keep their emotional support animals (“ESAs”) in their Florida condos to seek a reasonable “accommodation” from their associations.  Key to the success of your request will be knowing what information you need to provide when you request an accommodation and how to be sure that the information is reliable. Providing unreliable or insufficient information may subject you to further demands for…

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What You Need to Know about Assistance Animals in Florida

Post date : 18 Mar, 2019

Some people find the presence of a pet to be critical to their daily functioning. While most people understand the important role a service dog, such as a guide dog, plays in their owner’s life, fewer understand the role and importance of an emotional support animal in Florida. An emotional support animal (ESA) allows its owner to cope with challenges that might otherwise diminish their quality of life. When a…

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How Condo Lawyers Help You during Mold and Water Damage

Post date : 22 Dec, 2018

If you live in a condo and experience mold and water damage, you should consult a Florida condo lawyer immediately. Mold and water damage are serious issues, and you need good representation to protect your interests. Here are reasons that engaging the services of a lawyer experienced in representing individual condo owners is a wise decision. Establish Liability If water and mold damage occur, it’s important to establish who is…

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Is a Doctor’s Letter Enough For a Waiver in No Pet Condo?

Post date : 1 Oct, 2018

If you have ever walked around any of the high end shopping malls like the Bal Harbor Shops,  Aventura Mall, Town Center Mall in Boca Raton, or the exclusive Waterside Shops in Naples, you can’t help but notice many people with their cute little dogs walking around the Mall or in these cute little baby carriages.   As a Trial Attorney that helps Condo Owners and Homeowners obtain accommodations in no…

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Condo Mold & Water Damage: Who is Responsible?

Post date : 23 Sep, 2018

As a Condo Attorney that represents individual Condo Owners in Miami, Fort Lauderdale, West Palm Beach, Naples and many cities throughout Florida, the question I get asked the most is:  Who is responsible for mold contamination and water damage in my condominium? First, one must identify the source of the water intrusion that caused the damage and ultimately led to the mold growth.    More likely than not the water intrusion…

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Miami Condo Attorney Assisting Individual Owners

Post date : 3 Sep, 2018

As a Condo Attorney with offices near Downtown Miami, Brickel Avenue, and South Beach Florida,  my practice is focused on representing individuals that have disputes with Condo Associations, Homeowner Associations, and other Owners. I am amazed at how many beautiful new luxury Condominium buildings have been successfully completed recently. It seems like a great place for many of our young professionals to live, work and play.   With this large…

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Emotional Support Animals and Service Animals in Condominiums and Homeowner Associations

Post date : 30 Aug, 2018

I have been getting a considerable amount of calls lately from Condo owners and Homeowners here in Fort Lauderdale, Miami, Aventura, Naples, Sunny Isles and Boca Raton.  The majority of the calls are from individual owners concerned about various Condo Pet Rules and HOA Rules restricting their ability to keep pets as well as Assistance Animals such as Service Dogs and Emotional Support Animals.  Many people have gone online looking…

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Fort Lauderdale Condo Lawyer Representing Owners Discusses Condo Board Rule Making Authority

Post date : 15 Jul, 2018

As a Florida Attorney with offices near Miami, Aventura and Fort Lauderdale, I have seen many examples of Condominium and Homeowner Association Boards operating illegally.  One of the most prevalent abuses is Association Boards enacting Rules outside the scope of their authority. Many Condominium Associations and Homeowners Associations in Florida have a provision in their Governing Documents that gives the Board the right to make and amend reasonable rules and…

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Mold and Water Damage and The Condo Association’s Duty to Maintain Common Elements

Post date : 12 Jul, 2018

I am sitting here in my law office in Hollywood, near Miami, Fort Lauderdale and Aventura and the rain is pouring down. I figure with all the rain we are getting today it is probably a good day to make a visual inspection of my own home for signs of water intrusion. As a homeowner of a single-family home, I am the one ultimately responsible if water comes in through…

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A Victory Against Condo for Disabled Woman With Service Dog

Post date : 2 Jul, 2018

US District Court rules in favor of disabled woman. Judge tells condo to allow service dog.   Read the full article here.  

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Fort Lauderdale Condo Lawyer Discusses Condo Pet Rules & Restrictions?

Post date : 31 May, 2018

I recently received a call from a woman residing at an over 55 Community like  Century Village Condominium here in South Florida.  She was being told by her Association to get rid of her dog or face legal action.  Despite the fact that she had a documented disability and a letter from her Doctor attesting to her need for an emotional support animal,  she believed that her Association would fight her…

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Are Homeowner Associations Going Too Far?

Post date : 14 Apr, 2018

Many of us in Florida choose to live in gated communities because we feel they are safe and because they provide some attractive amenities.   Are we sacrificing too much of our freedom for this security?   I was appalled today to read about a 70 year old woman in California being fined by her Homeowner Association because she spends too much time in her garage.   Marilyn Weber is being fined because…

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Emotional Support Animals Are Not Fake! They are as real as our emotions.

Post date : 12 Apr, 2018

I am sure many of you have been reading the recent articles in our newspapers dealing with Service Animals and Emotional Support Animals.  Many of these news articles appear to be one sided trying to paint a picture that the majority of claims out there are fraudulent attempts to get by Association Pet Restrictions or restrictions on bringing animals into public venues.   They fail to write about the disabled owner…

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Aventura Sunny Isles Condo Attorney That Helps Individual Owners

Post date : 28 Jan, 2018

As a Condo Attorney with offices near Aventura and Sunny Isles Florida I have seen many new high rise condominium buildings completed over the last several years.  With this dramatic increase in the number of condominiums in Aventura, Sunny Isles and North Miami, I have also seen an increase in the number of claims being made by condo owners. One of the most prevalent claims  involves the Association’s interference with…

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Secret Service Dog Dies Serving It’s Country

Post date : 28 Jan, 2018

Miami Condo Attorney expresses  condolences for Secret Service dog that fell to its death in New Orleans over the weekend. Our thoughts go out to the dog’s handler who lost a close and loyal friend.   According to WWL – TV, an unnamed bomb sniffing dog fell from the roof of a parking deck next to a Ritz Carlton where vice President Joe Biden was speaking. Although Federal agents rushed…

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Broward County Condo Attorney Can Help Defend Owners’ Rights

Post date : 27 Jan, 2018

As a Broward County Condo Attorney with over 20 years in practice I have seen many examples of Associations failing to work with individual owners in order to resolve disputes.   Unfortunately many Board Members refuse to take action to resolve a dispute until they are faced with an attorney’s fee claim from the owner.  The Association will try to stall the claim or point the blame elsewhere until they are…

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Dealing with Homeowner’s Association Architectural Review Committees

Post date : 12 Jan, 2018

As a Florida Condo Lawyer that primarily represents condo and homeowners that have disputes with their Associations, I frequently get calls from homeowners that are being threatened by their associations for violations of the Architectural Review Standards.  Some owners have applied for approval prospectively while others have already made the improvements and are now seeking retroactive approval. While the new Florida Laws for Homeowner Associations may have gotten tougher, the…

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Miami Condo Attorney Says Arbitration or Lawsuit Should Be Avoided If Possible

Post date : 2 Jan, 2018

If you live in a condo in Miami, Aventura, Sunny Isles, Fort Lauderdale,  Boca Raton, Hollywood,  Hallandale Beach, or even Naples, chances are you have had a dispute with your condo association or they have had one with you.  Because Florida law and Association Governing Documents (Declaration / By-laws)  allow prevailing party attorneys fees in legal proceedings with condominium owners, homeowners and Co-op owners, arbitration or litigation with your community…

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Board Members that Threaten and Intimidate are Interfering with Owners’ Rights To Quiet Use and Enjoyment

Post date : 16 Dec, 2017

As we approach the end of the year many Condominium and Homeowner Associations will be getting ready for their annual meetings. During these meetings the Board usually presents the community with a copy of the Annual Budget and elections are held to elect the members of the board. If you have been having problems at your Condo or Homeowner Association with harassing board members, threats, intimidation or just bad decision…

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Waiting to Hire A Florida Condo Attorney May End Up Costing You More In The End

Post date : 3 Nov, 2017

As a Florida Attorney that aims in representing condo owners and homeowners involved in disputes with their Associations I get  calls each week from owners that simply can’t decide whether they should retain an attorney “now” or wait and see how things go. Many clients simply can’t afford to retain an attorney on an hourly billing basis or they are afraid to spend the money. I had recently been asked…

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Personal Injuries in Common Areas of Condo Association

Post date : 21 Oct, 2017

When someone gets injured due to a dangerous condition in the Common Areas of a Condo Association or Homeowner’s Association who is responsible? Under Florida Statutes Chapter 718 (Condominium Associations) and Chapter 720 (Homeowner Associations), the Association is responsible for maintaining the common elements. The Declaration which is part of the Association’s Governing Documents sets forth the boundaries of an individual’s unit. In addition it usually defines the common elements….

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Miami Condo Lawyer Discusses Emotional Support Animals and the Fair Housing Act

Post date : 19 Oct, 2017

Miami and the Sunny Isles / Aventura area have some of the largest concentrations of Condominium Associations in Florida.  In addition, the beautiful City of Naples in Collier County has an extremely large number of Condominium Associations.  According to manta.com there are approximately 171 different Condominium Associations listed in Naples.  If you live in Naples and don’t live in a Condo than you probably live in an HOA or Homeowners’ Association….

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Condo Attorney Representing Owners Discusses Emotional Support Animals and Service Dogs

Post date : 16 Oct, 2017

Many of you that subscribe to my frequent postings already  know that I am a Florida Trial Attorney that represents condominium owners and homeowners that have disputes with their associations.  Although I handle all types of cases including condominium pet restrictions, mold contamination and water intrusion cases as well as disputes dealing with 55 and over communities, one of the most rewarding areas of my practice is helping people with…

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Condo Pet Restrictions and Service Animals

Post date : 14 Oct, 2017

As a Florida Attorney that represents Condo Owners and Homeowners that have disputes with their Associations I hear many stories of  about how owners have been damaged by the actions or inactions of their Associations.  I usually only hear the bad.  As an experienced Trial Attorney I know that it is my job to listen to other people’s problems and then find a solution by applying the law to the…

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Heavy Rains Mean its Time to Check for Signs of Water Damage

Post date : 1 Oct, 2017

The sun is out and there is not a cloud in the sky! It is days like this that make us glad we live in South Florida but, with Tropical Depression 16 and all the rain we have had over the last several months how is your roof holding up?  Have you checked your interior for signs of moisture in the walls?  It doesn’t matter if you live in a…

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Condo Attorney Explains Free Case Evaluation

Post date : 17 Sep, 2017

We have been getting a tremendous response from all of you thanks to this website. We have helped many Florida Condo Owners and Homeowners with water damage cases, mold contamination, pet restrictions, selective enforcement, illegal budgets and harassment by overzealous board members. For those of you new to the site we offer a Free Case Evaluation to anybody that has a problem with their Condo Association or Homeowners Association. Unfortunately,…

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Can you win your Condo Association case on your own?

Post date : 11 Sep, 2017

Thanks to the relevance of  http://www.floridacondoattorneys.com.php53-11.dfw1-1.websitetestlink.com/  I get several calls each day from Florida Condo Owners that have problems with their Associations. Many have water damage claims due to the Association’s failure to maintain the common elements while others have problems with pet restrictions or with harassment from Board members. Because I charge by the hour for my services and usually require my clients to pay a Retainer that goes…

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Hiring a Florida Condo Lawyer

Post date : 17 Aug, 2017

In Florida many condo owners and homeowners have problems with their Associations and other owners but aren’t sure if they should hire a lawyer. This post is designed to assist condo owners and homeowners in making that decision. Florida condo owners and homeowners are routinely faced with many problems related to condominium law, the Florida Condominium Act, HOA issues, disaster recovery, hurricane claims, water and mold damage damage due to…

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Water Damaged Condo: You Can’t Repair the Inside Until the Leak is Fixed.

Post date : 28 Jul, 2017

I have spoken with many  Florida Condo Owners that have water damage from roof leaks or other leaks  caused by  the Condo Association’s failure to maintain the common elements.  While the law is clear that the Association has a non delegable duty to maintain the common elements, a problem arises for the individual owners.  Many owners have significant damage to the walls and interior of their apartment that needs immediate…

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Good News for Florida Condo Owners and Homeowners

Post date : 31 Mar, 2017

According to Jan Bergemann, President of Cyber Citizens For Justice, The new version of H5005 to be approved … shows that all provisions regarding the removal of license requirements for community association managers (CAMs) and all wording regarding dissolving the Division of Florida Condominiums, Timeshares and Mobile Homes and the Condo Ombudsman’s Office have been removed. Thank you to all of my readers that took action and emailed the Legislative Committee Members…

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Condo & Homeowner Associations are Trying to Change Florida Law Again!

Post date : 14 Mar, 2017

Please contact your State Representatives today.  There is a proposal on the agenda for tomorrow March 15, 2011.   This bill will take away what little protection Condo Owners and Homeowners currently have under Florida law.  One of the many negative features of  this bill proposal is to take away the licensing requirements for Community Association Managers (CAM).  This proposal will affect those living in Condo Associations, Homeowner Associations, Co-ops  and Mobile Home…

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Fort Lauderdale Condo Attorney Seeks Voice For Individual Condo and Homeowners

Post date : 7 Feb, 2017

Was anybody outraged by the article that appeared in Sunday’s Miami Herald entitled Homeowner Associations Step Up Foreclosure Filings? I don’t know about you but our Courts are already clogged with Lenders filing foreclosure suits, do we really need Condo Associations and Homeowner Associations adding to the congestion with lawuits seeking to foreclose your home over some missed maintenance payments? It is important for the readers to understand that instead…

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Fort Lauderdale Condo Attorney Welcomes Your Comments But Cautions You on Leaving Personal Information

Post date : 7 Feb, 2017

In an earlier post on Condo Pet Restrictions  I received a comment that was more of a request for a Free Case Evaluation. In response to the comment I wrote the following: While I welcome all of your comments about the articles and topics on my website I must caution you and any other readers that plan on posting comments on this website. PLEASE DO NOT PUT YOUR PERSONAL INFORMATION…

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Fort Lauderdale Condo Lawyer Believes Strongly in Owners Right to an Emotional Support Animal or Service Dog

Post date : 3 Feb, 2017

As an experienced Trial Attorney with offices near Fort Lauderdale, Miami and  Aventura, I have helped many Condo Owners and Homeowners resolve disputes that they have with their Associations, Board Members, Property Managers and with other owners.  I have handled all types of cases from water and mold damage due to association failure to maintain common elements and personal injury claims in common areas to  arbitrary and selective enforcement claims, improper…

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Can Condo and HOA Boards Change Use Restrictions Without Owners’ Vote?

Post date : 13 Jan, 2017

Many of us in Florida  live in Condominiums and Homes governed by Associations.   These Associations are typically run by Board Members that we elect to run our development.  What happens when the Board tells us that we can’t have dogs over a certain weight, that our teenagers can’t use the common Gym unless they have a licensed and insured personal trainer or that our little ones cannot play catch on a…

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Emotional Support Animals and Service Dogs

Post date : 5 Jan, 2017

The title of this article is Emotional Support Animals and Service Dogs.  Of course many of you know that I am a Florida Attorney that represents condo owners and homeowners that have disputes with their associations.   I handle all types of cases including condo pet restrictions, mold and water damage cases and cases dealing with 55 and over communities.  You may also know that my main office is in Hollywood Florida…

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Should I Sue My Condo Association?

Post date : 22 Jul, 2010

I have handled many cases in Florida  for condo owners,  homeowners and co-op owners that have claims against their associations.  These cases are all handled on an hourly billing basis.  Some cases settle with a strongly worded letter but others require a series of letters and  litigation.  This can get expensive for the condo or homeowner with limited resources.  Unfortunately,  associations pay their lawyers with dues that come from the…

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FREE CASE EVALUATION WITH FLORIDA CONDO LAWYER

Post date : 15 Jul, 2010

If any of you filled out my contact form and did not receive a reply from me I apologize.  Apparently the “FREE CASE EVALUATION” form was not sending me an email alerting me to your requests.  The problem is now fixed.  In the future please feel free to use the   “FREE CASE EVALUATION” form or call me directly at (954) 966-3909. The Law Offices of Herb M. Milgrim, P.A,  is a South Florida…

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Condo Lawyer Discusses Owners’ Rights

Post date : 5 Jul, 2010

Condo owners, homeowners and co-op owners in Florida all have the right to the quiet use and enjoyment of their homes. How many of you hosted a party or attended a party this Holiday Weekend? Probably a good majority of you did. There may have been music, loud guests and maybe even some fireworks. For those of you that didn’t do either, were you affected by those that did? Did…

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Why do you need a Condo Owner’s Attorney?

Post date : 2 Jul, 2010

Many  Condominium Owners, Homeowners and Co-op Owners living in Florida have problems with their associations. Whether it is due to water damage or mold damage from the association’s failure to maintain,  hurricane claims, personal injury claims in common areas, covenant enforcement,  illegal budget increases, selective enforcement, improper leasing restrictions, tortious interference with owner’s right to sell or rent, pet restrictions, interference with an owner’s quiet use and enjoyment, noise complaints,…

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CONDO ASSOCIATION PET RESTRICTIONS (part 3 of 3)

Post date : 30 Jun, 2010

The Law Offices of Herb M. Milgrim, P.A. is a Florida Law Firm that specializes in representing Condo Owners, Homeowners and Cooperative Owners that have disputes or are contemplating Litigation or a Lawsuit against their Association.  We provide prospective clients with a Free Case Evaluation. Once we have been retained we review all of the relevant documents and governing Florida Laws and advise our clients on the best course of…

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How Long Do I Have To File Suit Against My Condo Association?

Post date : 23 Jun, 2010

As a Florida Condo Lawyer aiming in representing owners in disputes against their associations I often get asked “how long do I have to file suit against my condo association?”  Many condo owners and homeowners have claims against their associations for “water damage and mold damage damage due to association’s failure to maintain common elements, injury claims in common areas, covenant enforcement,  illegal budget increases, selective enforcement claims, improper leasing restrictions,…

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Condo water damage: who is responsible?

Post date : 17 Jun, 2010

The rainy season is upon us in Florida. Every afternoon the clouds form and the rain pours. Condo owners and homeowners need to be alert to the signs of roof leaks, water damage and mold contamination.  During heavy rains be sure to check the ceiling and areas around the window for signs of moisture. For some condo owners in Florida they may not even be aware that their condo is…

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You can now follow Florida Condo Law on Twitter

Post date : 11 Jun, 2010

Hello everybody. I just wanted to let you know that you can now follow Florida Condo Law on Twitter.  Follow all the important issues involving Condominium Associations, Homeowners’ Associations and Cooperative Associations in Florida.  Some recent topics include: Association Failure to Maintain Common Elements, Association Pet Restrictions, Filing a Lawsuit against your Association, Updates on Florida Law, Alternative Dispute Resolution and, Meditation or Arbitration.

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FLORIDA LAWYER REPRESENTING CONDO OWNERS DISCUSSES ASSOCIATION PET RESTRICTIONS (part 2 of 3)

Post date : 8 Jun, 2010

What do you do when your Condominium Association sends you a letter telling you to get rid of your pet? (The following is the second of   three parts. The first part  discussed pets that are actually “service animals” protected by the Fair Labor Housing Act.  This second second part  discusses “emotional support” animals and the third will discuss ways to attack pet restrictions for normal household pets.)  We all know that…

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Florida Lawyer discusses procedures to “recall” a Co-op Board Member

Post date : 7 Jun, 2010

Every week I get calls from homeowners and condo owners that feel that they are being harassed by a specific board member or that the board member has lied or done something dishonest. This week the call came from an individual living  in a cooperative association or “co-op”.  These types of associations usually have far fewer members than condo associations or homeowners’ associations and as a result they are usually run…

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Florida Condo Lawyer discusses impact of New Condominium Reform Bill on Condo Owners and Homeowners

Post date : 3 Jun, 2010

Most Condominium Owners and Homeowners may already be aware that Governer Crist signed into law Senate Bill 1196, which is a sweeping condominium reform bill. The highlights of the bill are that it now requires banks that foreclose on condo units to pay 12 months of unpaid assessments as opposed to the previous requirement of 6 months. Many proponents of the bill believe that this will immediately help struggling associations…

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Condominium Association Failure to Maintain Common Elements-(part 2)

Post date : 1 Jun, 2010

In (part 1) we discussed some of the types of claims that can arise when the Condominium Association fails to maintain the common elements.  They can include: “water damage from roof leaks, mold damage, fire from faulty electrical, noise complaints from roof top generators, inadequate water cooling towers causing unit owner air conditioning to malfunction, and of course there are the obvious claims like a resident or guest being injured…

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A FLORIDA ATTORNEY THAT REPRESENTS CONDO OWNERS’ DISCUSSES ASSOCIATION PET RESTRICTIONS (part 1 of 3)

Post date : 27 May, 2010

What do you do when your Condominium Association sends you a letter telling you to get rid of your pet? For many of us our pets are like members of the family so this can be a very traumatic and difficult decision to deal with.  Before you attempt to take on your Condominium Association by yourself, it is important that you seek out legal advice from an experienced Florida Condominium…

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Condominium Association Failure to Maintain Common Elements-(part 1)

Post date : 25 May, 2010

In deciding whether to file a lawsuit against your Condominium Association or Homeowner’s Association, one of the most powerful claims that can be raised is the Association’s failure to maintain the common elements. For Condominium Associations governed by Chapter 718 of the Florida Statutes, Section 718.113(1) provides in material part the following: “Maintenance of the common elements is the responsibility of the association.”  For Homeowner’s  Associations governed by Chapter 720 of…

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Florida Condominium Lawyer Discusses Arbitration v. Litigation

Post date : 22 May, 2010

Before considering filing suit  against your  Condominium or Homeowner’s Association you must first determine whether your issue needs to be arbitrated before a panel of arbitrators or can be decided by a Judge or Jury.  Florida Statutes §718.1255 for Condominiums and  § 720.311 for Homeowner’s Associations provides  the procedures and conditions for Alternative Dispute Resolution and filing suit against an Association.  Condo owners that want to litigate a “dispute” involving their Association…

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Florida Condo Attorney Discusses Alternative Dispute Resolution

Post date : 20 May, 2010

*You should always consult with a Florida Law Firm that focuses on representing condo owners when contemplating a lawsuit or when faced with the threat of a lawsuit by your condo or homeowner’s association. Alternative dispute resolution (A.D.R.) is discussed in  § 718.1255 of the Florida Statutes dealing with Condominiums.  A.D.R.  is used to resolve a case without having to file a lawsuit. Since lawsuits are expensive and time consuming the…

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