Michael Toback

Michael Toback

May 11, 2021 | Daily Business Review

Ruling Illustrates Perils in Foreclosures of Noncompliance With Documents, Miscalculating Claim of Lien

If an owner becomes delinquent in their assessment payments, Florida law calls for associations to issue a demand letter to the owner outlining the amounts that are outstanding.

By Michael Toback

5 minute read

January 16, 2019 | Daily Business Review

Court Strikes Down HOA's Rule Banning Personal Trainer From Fitness Center

Is a personal trainer in a fitness center like a call girl sitting at a clubhouse bar? This comparison was drawn by the trial court in its decision to grant summary judgment in favor of a homeowner's association as to whether a personal trainer is an invitee or a licensee.

By Michael Toback

5 minute read

August 31, 2018 | Daily Business Review

Case to Watch: HUD Complaint Against Condo Association Ban on Religious Meetings

A condo association board's ban on religious meetings and displays is the subject of a complaint to the U.S. Department of Housing and Urban Development.

By Michael Toback

4 minute read

July 03, 2017 | Daily Business Review

Association Documents Override State Law in Previous Owners' Assessments

There is a growing consensus among Florida's district courts of appeal that community associations' existing governing documents, including their declaration…

By Commentary by Michael Toback

7 minute read

February 09, 2017 | Daily Business Review

Rulings Clarify Application of Safe Harbor Caps on Association Dues

Two appellate rulings help clarify questions of whether a foreclosing lender, assignee or servicer qualifies for the safe harbor liability caps, writes attorney Michael Toback.

By Commentary by Michael Toback

16 minute read

September 27, 2016 | Daily Business Review

Ruling Quashes Lingering Questions on Partial Payments to Condo Associations

When is a full payment of condo fees not a full payment? Now, under a revised state law limiting restrictive endorsements.

By Commentary by Michael Toback

9 minute read