Category Archives: Landlord Tenant
Homeowners’ Associations & Exterior Changes
On July 6, the Washington Post featured an important article on homeowners’ association rules governing exterior changes, and why it is important that they be followed. Many owners ignore processes put in place by an association’s architectural control committee, even though the association’s declaration of covenants requires advance approval before additional or changes can… Read More »
When Homeowners’ And Condo Associations Have To Litigate Over Construction Defects
Unfortunately, homeowners’ and condo association lawsuits against Florida construction companies and developers for construction defects and other abuses (breach of implied warranties, negligence counts, violation of minimum building codes, etc.) are far too common. In June, when the “Loft 2” condominium in downtown Miami was constructed with some serious flaws—such as defects in the… Read More »
Commercial Landlords & Tenant Bankruptcy
Tenants filing for bankruptcy is less of an issue for residential landlords, but an increasingly frustrating problem for commercial landlords as we get further into 2018. As a result, it is important—now more than ever—that commercial landlords know what their rights are when it comes to how tenant bankruptcy affects lease agreements. Rules: Before… Read More »
Common Questions Involving “Material Alterations” In Homeowners’ Associations
As attorneys who regularly represent homeowners associations and property managers, we frequently get questions about what the board can do with and without membership approval. These types of questions ultimately come down to distinguishing between what is and is not a “material alteration.” The general rule is that if the proposed change is a… Read More »
Landlords & Homeowners Association Dealing With Objectionable Conduct
There have been a number of disputes around the country of late between landlords and homeowners associations and tenants/homeowners of late over what rights homeowners have to display particular items; for example, flags that others may find offensive. As a result, we thought we would provide some background on what rights both landlords and… Read More »
Courts Allowing Video Surveillance in Landlord-Tenant Disputes
As the Wall Street Journal reported this month, video evidence has emerged as a powerful tool in housing court battles, especially in exposing tenants who have fraudulently claimed rent-controlled apartments as primary residences in order to pass those rights onto relatives in violation of the law. As a result, courts have recently upheld the… Read More »
