National Apartment Association (Naahq)’s Post

Fort Lauderdale East Partner Craig Minko and Associate Nat Morales recently obtained an extraordinary victory for a South Florida community association. The case involved a tenant of a unit owner suing the community association for a breach of a lease agreement with his landlord and violations of Chapter 83, Florida Statutes. Our team filed a Motion for Judgment on the Pleadings on the basis that the community association was not the tenant's "landlord", and was otherwise not party to the lease agreement. The Court ultimately granted the Motion for Judgment on the Pleadings, entering full and final judgment in our client's favor. This ruling establishes a critical legal distinction, clarifying that, under the current language of Chapter 83, community associations cannot be considered the "landlord" of tenants renting from the unit owners, and that lease agreements between unit owners and their tenants do not incorporate community associations as parties to the agreements. This precedent should certainly have a positive and lasting impact on community associations throughout South Florida. Read More on This Story Here: https://lnkd.in/eKZ3H2jq Craig Minko: https://lnkd.in/ejwBd5Dy Natalia Morales: https://lnkd.in/ePAE8qxb #CSKSuccessStories #CSKVictory #FloridaLargestDefenseFirm #FloridaTrialAttorneys #FloridaInsuranceAttorneys #SouthFlorida #BrowardCounty

Hoarding in condo apartments can be a tricky issue to navigate, with a delicate balance between resident rights and collective well-being. Fortunately, condo associations have rules in place for safety and sanitation that boards can enforce. However, when health hazards or major disturbances exist, boards may have no choice but to take legal action to protect their community. Check out this informative article on hoarding in condominiums and the challenges that arise when individual rights clash with community concerns. #condoboards #propertymanagement #hoardingawareness #condolaw #housingrights https://lnkd.in/eS5tXChj

Comprehending SCOTUS decisions is crucial for local officials to adapt to the evolving legal environment and better serve their communities. NLC has analyzed the most significant rulings from the Supreme Court's 2023-2024 term and their effects on local governments: https://lnkd.in/gmMe7NpF

Real estate developers everywhere are cheering their new hero, George Sheetz. In 2016, George bought a small parcel of land north of Sacramento, California in preparation for retirement. He worked hard, saved his money, and paid for it in three years. When it came time to retire, he went to get a building permit to place a new mobile home on the lot, where he and his wife planned to live and raise their grandson. When George applied for his permit, he learned he would first have to pay a $23,420 "traffic impact fee." The fee was imposed on all new home builders to pay for new roads and the widening of existing roads that might be built at some undetermined point in the future. When George first found out about the fee, he felt sick to his stomach. He went to the county office. They said, “You don’t have to build. No one’s making you build.” “This is just the way it is,” he remembered. “You just have to accept it,” And George thought, “I don’t think so.” He paid the fee but sued the County and took his case all the way to the Supreme Court. In 1987, SCOTUS ruled in a similar case that the government can't abuse the permitting process to impose conditions on property owners that have no "essential nexus with or proportionality to” the building project being permitted. The court said the government’s action was an unconstitutional taking of property forbidden by the 5th Amendment’s “Takings Clause," describing it as “an out-and-out plan of extortion.”They reached a similar conclusion in George’s case last week, giving him a victory. George will be getting his $23,420 back, plus interest, and developers will get relief from fees that have limited the supply of affordable housing that California and other states desperately need. https://lnkd.in/efVpcPUQ #homebuilding #supremecourt #newhomes #affordablehousing #realestatedevelopment

https://lnkd.in/gYdd4-6q (In response to the blog) Locke believed that property rights come from one’s labor and those rights should be protected by governments - but never at the cost of others' well-being. With renters today facing soaring costs and insecurity, Locke might argue that our system has failed, tilting too far in favor of property owners. Could he have foreseen such a crisis, or was the world simply bigger during his time? #HousingCrisis #JohnLocke #PropertyRights

The right to housing and home of tenants cannot be real when landlords can evict for no reason or by way of retaliation against a reasonable complaint. The evidence has been overwhelming for years that no-cause evictions must be prohibited as they were during COVID, and tenants must be given legal protection against this happening. Their human rights demand nothing less. Slowly the state and territories are moving in this direction but there are still stragglers and NSW is one of them, with the consequences tragically explained in this article: https://lnkd.in/ge9gQziW

How to evict a tenant in Wales. Guide to Serving Notice in Wales: Essential Information for Landlords. To read more, access the BLA website. https://www.rfr.bz/l4faca6 #Landlord #Wales #Tenant #Notices #PRS #Housing #Homelessness #Eviction #Law #Regulations

How to evict a tenant in Wales. Guide to Serving Notice in Wales: Essential Information for Landlords. To read more, access the BLA website. https://www.rfr.bz/lmo7s44 #Landlord #Wales #Tenant #Notices #PRS #Housing #Homelessness #Eviction #Law #Regulations

Paul Shamplina of Landlord Action has given a stark warning, that many existing #landlords will seek to leave the #rentalmarket, before the legislation to abolish #section21 comes into force. The new Renters' Rights Bill which was laid before Parliament today, has been accompanied by a statement by the Government, that there will be no transition period and will be implemented two months after Royal Assent. This means that if nothing changes in the bill, the new system will be in place by Summer 2025. The #evictions expert warns that the creaking court system is likely to be overwhelmed if the new grounds for possession are not robust. #evictioncrisis, #landlords #lettingagents #propertymanagers #propertymanagement #tenants https://lnkd.in/e7PV4PwQ

April is fair housing month. Here’s my recent article that focuses on the recent developments of equity and fairness in the NY real estate area.