Owners Rights Archives - A Condo Law Firm For Consumers

Understanding your owner rights as a condo owner is essential when facing disputes over property, animals, or other assets. Whether you are dealing with a difficult landlord, a neighbor encroaching on your property, or a situation involving your pet, knowing where you stand legally can make all the difference. Owner rights are not always straightforward, and those who should respect them often don’t. The Law Offices of Herb M. Milgrim, P.A. is committed to standing up for owners who feel overlooked or taken advantage of. Let us help you understand your rights and take the appropriate legal action. Contact us today.

Sep

Canadian Residents Traveling to Florida During COVID-19

September 16, 2021Herb M. Milgrim, Esq.Owners Rights

Canada’s harsh winters see many residents fleeing their home country for warmer locations. In fact, almost one million Canadians spend the cold months in Florida and other southern states. But last winter, the COVID-19 pandemic forced many “snowbirds” to cancel their plans. According to statistics, only 34,000 crossed the U.S. border to spend the colder...

Mar

New Owners Beware of Contradicting Rules in Your Condo Declaration

March 4, 2021Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights

If you are in the process of buying a condominium or are a new owner, it is important to familiarize yourself with the governing documents for your Association. One of the key documents is the declaration, which sets forth your obligations, including payment of dues and assessments, as well as the Association’s covenant restrictions and...

Feb

Is My Architectural Review Board Unfair?

February 11, 2021Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights

All homeowners’ associations (HOAs) have architecture review boards (ARBs), whose role is to enforce the architectural standards for the community. Typically they do this by keeping development uniform and visually standardized. Since one of the appealing aspects of managed communities is the uniform aesthetic of the neighborhood and the pleasing views, one of the primary...

Oct

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

October 30, 2020Herb M. Milgrim, Esq.Condominium Law, Owners Rights

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...

Oct

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

October 22, 2020Herb M. Milgrim, Esq.Owners Rights, Toxic Mold in Condos, water damage

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...

Oct

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

October 16, 2020Herb M. Milgrim, Esq.Owners Rights, Toxic Mold in Condos

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...

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Aug

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

August 12, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights, Pet Restrictions

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...

Jul

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

July 23, 2020Herb M. Milgrim, Esq.Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

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...

Jun

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

June 26, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

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...

Apr

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

April 8, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condo Water Damage Claims, Condominium Law, Owners Rights, water damage

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...

Mar

A Guide to Navigating the Coronavirus for Florida Condo Owners

March 26, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

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...

Mar

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

March 11, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights, Pet Restrictions

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...

Feb

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

February 27, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

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...

Feb

HUD Issues New Guidance on Support Animals

February 12, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions

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...

Jan

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

January 22, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

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...

Jan

FAQs About Mold and Moisture in Your Florida Condo

January 8, 2020Herb M. Milgrim, Esq.Condo and HOA Laws, Condo Water Damage Claims, Condominium Law, Owners Rights, Toxic Mold in Condos, water damage

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...

Dec

Liability of Individual HOA Board Members for Fair Housing Violations

December 23, 2019Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

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...

Dec

How to Prove Selective Enforcement By a Florida Condo Association

December 16, 2019Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

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...

Nov

Who Will Pay for the Water Damage in my Florida Condo

November 14, 2019Herb M. Milgrim, Esq.Condo Water Damage Claims, Condominium Law, Owners Rights, water damage

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...

Oct

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

October 3, 2019Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

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...

Aug

Emotional Support Animals and Service Animals in Condominiums and Homeowner Associations

August 30, 2018Herb M. Milgrim, Esq.Condo and HOA Laws, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

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...

Jul

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

July 15, 2018Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights, Pet Restrictions

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...

Apr

Are Homeowner Associations Going Too Far?

April 14, 2018Herb M. Milgrim, Esq.Owners Rights

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...

Jan

Broward County Condo Attorney Can Help Defend Owners’ Rights

January 27, 2018Herb M. Milgrim, Esq.Condominium Law, Owners Rights

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...

Jan

Dealing with Homeowner’s Association Architectural Review Committees

January 12, 2018Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights

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...

Jan

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

January 2, 2018Herb M. Milgrim, Esq.Owners Rights

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...

Dec

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

December 16, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

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...

Nov

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

November 3, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights

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...

Oct

Condo Attorney Representing Owners Discusses Emotional Support Animals and Service Dogs

October 16, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

If you have a Service Dog or Emotional Support Animal and your Association is questioning your need or simply conducting a reasonable inquiry you should consult with an Attorney before responding.

Aug

Hiring a Florida Condo Lawyer

August 17, 2017Herb M. Milgrim, Esq.Owners Rights

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...

Mar

Good News for Florida Condo Owners and Homeowners

March 31, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights, Pet Restrictions, water damage

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...

Mar

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

March 14, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights

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). ...

Feb

Fort Lauderdale Condo Attorney Seeks Voice For Individual Condo and Homeowners

February 7, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights

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...

Jan

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

January 13, 2017Herb M. Milgrim, Esq.Condo and HOA Laws, Condominium Law, Owners Rights, Pet Restrictions

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...

Jan

Emotional Support Animals and Service Dogs

January 5, 2017Herb M. Milgrim, Esq.Emotional Support Animals, Owners Rights, Pet Restrictions, Service Dogs

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...

Jul

Should I Sue My Condo Association?

July 22, 2010Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights, water damage

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...

Jul

Condo Lawyer Discusses Owners’ Rights

July 5, 2010Herb M. Milgrim, Esq.Condo and HOA Laws, Owners Rights

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...

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