Brandy Passed the Bar!

After earning her Bachelor's Degree from Nova Southeastern University, Brandy Benesch got a Bachelors of Science in Biology (pre-med) and minored in mathematics and physics. She then attended Florida Coastal School of Law in Jacksonville where she received her Juris Doctor. She also earned two book awards (Lawyering Process II and Space Law).

We are proud to announce that Brandy recently passed the Florida Bar exam!

Congratulations!! Read Brandy's Bio

Our Staff Continues to Grow

As our firm continues to grow, we thank you for your support, referrals and for helping us spread the word. Please take a moment to view our updated bios.

Thank you.

Read the buzz in the latest "Communicator"!

Read Erum's Bio | Read Thomas's Bio

The HB 807 Bill was been ordered on April 29, 2014 which includes language that states an Association is not considered a "previous owner" when taking delinquent parcels in foreclosures or by deed in lieu of foreclosure. This is important news for Community Associations, as this allows the Association to demand past due assessments from the owners that take title to the property after the Association. While this language was previously added to Florida Statute 720 for Homeowner's Associations, Florida Statute 718 for Condominium Associations has no such language. Effective July 1, 2014, this amendment will likely be considered a great success to many Community Associations in Florida. 

Below are recent Bills that have passed and are effective as of July 1, 2014 that deal with Condominium and Homeowner's Associations.

House Bill (HB) 807 - Providing that timeshare projects are not subject to annual inspection requirements; providing that a condominium association that does not own any units classified as timeshare projects is not required to apply for or receive a public lodging establishment license; providing that timeshare projects within separate buildings or at separate locations but managed by one licensed agent may be combined in a single license application; authorizing an association to inspect and repair abandoned condominium units; defining the term "previous owner" for purposes of provisions relating to the liability of condominium unit owners for assessments, etc.

Senate Bill (SB) 440 - Limiting the application of certain requirements relating to bylaws to residential condominiums and their associations and boards, etc.

House Bill (HB) 7037 -  Revising the term "community association management"; providing powers and duties of community association managers and community association management firms; requiring a release of lien to be in a specific form; deleting a provision providing for the expiration of certain liens; providing requirements for the execution of a claim of lien, etc.

Described as "guiding the battles of the women's rights movement" by the New York Times, Marcia Greenberger is the founder and Co-President of the National Women's Law Center. The creation of the Center forty years ago established her as the first full-time women's rights legal advocate in Washington, D.C.

A recognized expert on women and the law, particularly in the areas of education and employment, health and reproductive rights, and family economic security, Ms. Greenberger has been a leader in securing the passage of major legislation, counsel in landmark litigation establishing new legal protections for women, and the author of numerous published articles. Examples include the Lilly Ledbetter Fair Pay Act, the Pregnancy Discrimination Act, the Civil Rights Act of 1991 providing critical protections against sexual harassment on the job, and Supreme Court victories strengthening protections for students and teachers against sex discrimination in schools.

Her leadership and contributions are reflected in the professional honors she has received and the numerous boards on which she has served.

Resolving the Problem with your Home Owner's Association: First Approach

If the board of directors is not complying with its own certificate of incorporation, declaration or by-laws, you should tactfully point this out, expressing the expectation that the matter will be corrected. Sometimes this is all that is needed to solve a problem. If a simple oral request to an officer of the board fails, you can write a letter. It should be factual, brief and never hostile. Keep copies of any letters that you send and notes of telephone conversations in case the matter is not quickly resolved.

An attempt to influence the board is always more persuasive if it is presented by a significant number of members. If your problem is one that others are affected by, it is worth organizing the other members. If you do, and the attempt to change the situation is not successful, the organized group can always seek to elect new directors at the next annual meeting.

Retaining a Lawyer
If your efforts to resolve your problems with the board fail, you may want to retain a private lawyer.

It's a good idea to select someone with experience in handling HOA problems. You can contact us at 386-310-7997. We will attempt to resolve any matter through negotiation before considering litigation, as litigation is costly and usually lengthy.

Bear in mind, litigating against the board of an HOA, people with whom one lives, can also be very unpleasant.

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~Maja, Real Estate Attorney