Michael L Hyman

October 29, 2021 | Daily Business Review

DOJ Discrimination Suit Over Shoes Left Outside Holds Lessons for Community Associations

A Florida condominium association and its board of directors refused to grant an accommodation to allow an owner to leave his shoes outside the front door of his unit in a condominium building with outdoor walkways.

By Michael L. Hyman and Nicole R. Kurtz

8 minute read

February 17, 2021 | Daily Business Review

Ruling: Community Associations Can Take Owners to Court Without Completing Arbitration

To help relieve Florida's courts from routine disputes between community associations and their unit owners, the state's laws call for associations to file for nonbinding arbitration with the state agency that regulates condominiums prior to going to court.

By Michael L. Hyman

5 minute read

December 09, 2020 | Daily Business Review

Injunction Petition Against Ornery Condo Resident Sends Important Message

A recent petition for an injunction stemming from pre-pandemic confrontations between a current and a former board member illustrates how associations and their directors should proactively address bellicose residents.

By Michael L. Hyman

5 minute read

August 12, 2020 | Daily Business Review

Ruling Exposes Perils of Overzealous Buyer Screenings by Community Associations

As a recent court ruling from Southwest Florida demonstrates, associations that go too far in their screening efforts could face significant legal consequences.

By Michael L. Hyman

4 minute read

December 30, 2019 | Daily Business Review

Owner Who Sells During Foreclosure Litigation Still Entitled to Legal Fees

Many foreclosures would take years to prosecute, and mortgage servicers and lenders that had purchased loans from their original lenders in the secondary market were having difficulties procuring all the pertinent documents.

By Michael L. Hyman

6 minute read

October 30, 2019 | Daily Business Review

Appellate Ruling Bolstering Association Collections Conflicts With Prior Rulings

Florida condominium associations, especially properties under the jurisdiction of the First District Court of Appeal in the panhandle and north Florida, have received a powerful new collections weapon with a recent ruling.

By Michael L. Hyman

5 minute read

September 26, 2018 | Daily Business Review

$7.5M Verdict Against Condo Association Should Have Been Prevented

The recent $7.5 million verdict for a St. Petersburg, Florida, condominium resident to compensate him for the injuries that he sustained in his community's hot tub is a telling example of the potential ramifications that can result when any defects in the working condition of these amenities are not properly addressed.

By Michael L. Hyman

4 minute read

July 18, 2018 | Daily Business Review

Circuit, Appellate Courts Issue Injunction Against HOA to Fix Flooding Problems

South Florida's flooding woes are well documented, and the flood warnings at the start of this year's rainy season in mid-May were a reminder that the problem continues to grow worse with every passing year.

By Michael L. Hyman

1 minute read

June 11, 2018 | Daily Business Review

Legislative Fix Needed in Condo Association Property Tax Assessment Appeals Ruling

Condominium associations regularly represent all of their unit owners as a consolidated class of litigants in cases challenging their local county ad valorem property tax appraisal assessments.

By Michael L. Hyman

1 minute read

March 05, 2018 | Daily Business Review

Associations Must Strictly Comply With Notice Requirements to Impose Fines, Liens

For homeowners and condominium associations, enforcing their rules can be extremely challenging. Many communities are forced to contend with unit owners who are unruly and disruptive, and associations must be able to effectively bring their rights to bear in order to maintain uniform compliance.

By Michael L. Hyman

6 minute read

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