Martin A. Schwartz

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Equitable Liens and Construction Financing

Equitable liens are judicially imposed against property in the absence of any statutory or contractual basis for the creation of a lien. These liens arise in a number of different situations, but the below discussion is limited to situations involving construction financing. In this context, the project has gone awry and the construction lender may … Continue Reading

The Termination of Condo Terminations?

A Florida 2015 Condominium Law Amendment Condominiums were established in Florida in 1963. The condominium form of ownership in Florida has, therefore, been in effect for more than 50 years. An aging condominium stock sitting on valuable land gave rise to a modification of termination provisions in 2007, the effects of which are still playing … Continue Reading

Amendments to Condominium Termination Law Impede Ability to Terminate

Responding to perceived abuses in condominium terminations, the 2015 Florida Legislature passed Chapter 2015-175, amending the termination provisions of the Condominium Act. This statute clears up certain problems experienced in prior terminations while imposing a number of impediments to future terminations. If a termination plan is rejected, the period in which it may be reconsidered … Continue Reading

Sunset of Distressed Condominium Relief Act Extended

The Distressed Condominium Relief Act enacted as Part VII of the Condominium Act in 2010 (“Act”) was a temporary measure to encourage absorption of unsold condominium units arising as a result of the Great Recession. This legislation attempted to allay the fears of potential investors about incurring developer liability in connection with the purchase of bulk … Continue Reading

Condo Developers Getting Relief From Washington

In an uncharacteristic bipartisan style, the House of Representatives of the U.S. Congress passed H.R. 2600 on September 26, 2013, and almost a year later, on September 19, 2014, the Senate followed by enacting S.2101.  These identical bills exempt developers of condominiums from compliance with the filing requirements of the Interstate Land Sales Full Disclosure Act, … Continue Reading

Distressed Condominium Relief Act Gets Further Extension of Life

An extension of the Distressed Condominium Relief Act has been approved by the legislature and is under review by Governor Rick Scott. Many were worried that the sunset of the Distressed Condominium Relief Act would prevent owners who bought distressed properties from reselling these properties in bulk.  The act affords bulk purchasers of distressed properties … Continue Reading

Condo Developers May Be Getting Relief From Washington

The House of Representatives of the U.S. Congress, in a surprising nonpartisan move, passed H.R. 2600 on September 26, 2013. This bill, submitted by New York Congresswoman Carolyn Maloney, exempts developers of condominiums from compliance with the filing requirements of the Interstate Land Sales Full Disclosure Act, commonly referred to as ILSA. The bill passed … Continue Reading

Revisions To Mortgage Foreclosure Procedures in Florida

HB 87, a controversial foreclosure bill that passed the Legislature, was signed into law by Governor Rick Scott on June 7, 2013 to become Chapter 2013-137 of Florida laws. The most significant portion of this law refines the use of an order to show cause as an alternative to a traditional foreclosure procedure and extends … Continue Reading

Three Florida Homeowners and Condo Associations Bills Passed by the 2013 Legislature

Three condominium and homeowners bills were passed by the Florida legislature: House Bill 73, Senate Bill 120, and House Bill 7119. One of the bills, Senate Bill 120, is currently before the Governor for review. Two of the three bills (HB 73 and HB 7119) inserted the Division of Florida Condominiums, Timeshares and Mobile Homes (“Division”) into the governance of … Continue Reading
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