Last March, Russ Klemm, Partner & Litigation Manager, tried a case before the 11th Circuit of the US Court of Appeals for our client, Affordable Housing Group vs. Florida Housing Affordability and the FDIC This was a hard-fought case in which Russ’ legal expertise came through big time for our client and resulting in benefiting thousands of people across the country. Congratulations Russ and Affordable Housing Group on the win!
Our Association Has Received Notice from HUD/FCHR of a Complaint Against it!
19 Aug 2025 inThe Florida Commission on Human Relations (the FCHR), established in 1969, is the state agency responsible for enforcing Florida’s civil rights laws, and preventing discrimination in housing, employment, and public accommodations. The FCHR also acts as an investigative agency for the U.S. Department of Housing and Urban Development (HUD), in investigating possible violations of the federal Fair Housing Act (FHA) and operates under a “Work-Sharing Agreement” with HUD. Among other duties, the FCHR investigates, and attempts to resolve, discrimination Complaints brought by Owners, Residents, and potential Owners or Residents, against HOAs and COAs, regarding unlawful housing discrimination. (Please understand, an FCHR Complaint can be filed against a Community Association, even if the Association is not engaged in rentals in the Community).
Klemm Goes to Battle for Client in the US Court of Appeals!
01 Apr 2025 inPartner, Russ Klemm, recently argued before the US Court of Appeals, for the 11th Circuit. The case in question is Affordable Housing Group, Inc. v. Florida Housing Affordability, Inc.
What is Mediation?
11 Mar 2021 inMediation can be a game-changing event in the course of a legal dispute. It can take place at any stage of the dispute, but is frequently required before certain actions can be taken. For example, it must be offered pre-suit in certain Florida Homeowners Association disputes (F.S. § 720.311), within 120 days after a medical negligence lawsuit is filed (F.S. § 766.108), and pre-trial in most Florida civil lawsuits. While uncommon, it can even be held post-judgment (e.g., to clarify how, or whether, the losing party in litigation must comply with the judgment).
You Got Served! Now what?!
21 Oct 2019 inSo you’ve been served with a lawsuit or petition for arbitration. The question is what to do with the documents? Do you get nervous and concerned, and simply respond? No – a response without understanding the law could hurt your defense more than helping. Moreover, except in small claims court, a corporate entity defendant (including LLC’s and the like, and our community association clients) can only represent itself through counsel in Florida. A response filed by a representative - even a director or officer - may be stricken or simply disregarded by the Court or arbitrator, as thought it was never filed.
You Win! So What?!
11 Jul 2019 inContrary to popular belief, obtaining a final judgment in a lawsuit should not be treated as a “game over” scenario. It is indeed a crucial first step toward obtaining what you’re looking for, but in reality, it means little more than that a judge agrees that you are entitled to something from the person you have sued. This could mean the judge has confirmed the defendant owes you money, or that the defendant can’t (or must) take certain actions, etc. Regardless of what relief you have been found entitled to receive, there is generally still more to do despite having taken that significant, crucial “first” step toward your end goal of actually receiving the relief sought in the lawsuit.
Pudlit 2 Joint Venture, LLP vs Westwood Gardens Homeowners Association
06 Aug 2015 inHOA’s and Association Attorney’s in Florida are watching closely the outcome of the Appellate Case Pudlit vs. Westwood Gardens HOA, Case No.: 4D14-1385. The 4th DCA on May 27, 2015 provided an opinion that basically blew homeowner’s associations out of the water. In this case the 4th DCA opined that the governing documents of an association that has an extinguishment clause in it regardless of when the mortgage was originated trumped the Florida Statutes. What this means is that the Association is not entitled to ANY assessments or other charges that came due prior to the transfer of title due to mortgage foreclosure.
They're After Us! Florida Community Associations Legal Challenges
03 May 2015 inDoes it seem that your Community Association is wearing a large target, that your community is now, increasingly, the target of law suits?
Florida Community Associations are under fire from both inside and out by individuals and groups who see Community Associations as a “target rich” environment for claims ranging from alleged “Fair Housing” violations to environmental claims to allegations of failing to maintain Association property.
Heads The Condo Unit Owners Win, Tails, The Condo Unit Owners Lose!!
02 Apr 2015 inNotwithstanding the fact that unit owners successfully sue their own Condominium Association, and that a Final Judgment, including attorneys’ fees and costs, is entered in favor of the unit owners and against their Condominium Association, the Condominium Association is still entitled to assess the unit owners, and the unit owners are required to pay that assessment, in order to satisfy the Final Judgment.