Florida Real Property and Business Law Update
Real Property and Business Litigation Report – Vol. X, Issue 17
Cases of interest this week include:
Santa Monica Beach Property Owners Association, Incorporated v. Acord, Case No. 1D16-4782 (Fla. 1st DCA 2017).
It is the manner in which property is used, i.e., used for residential or business purposes, that determines whether a “no businesses” restriction is violated. Accordingly, short-term home rentals do not violate a “no businesses” association restriction because the use of the property is residential.
The Bank Of New York Mellon v. Glenville, Case No. 2D15-5198 (Fla. 2nd DCA 2017).
A claimant to surplus funds under Florida Statute section 45.031(7)(b) must file their claim within sixty (60) days of the foreclosure sale and not within sixty days of the issuance of the certificate of title; conflict certified with Straub v. Wells Fargo Bank, N.A., 182 So. 3d 878, 881 (Fla. 4th DCA 2016).
Department of Transportation v. United Capital Funding Corp., Case No. 2D14-2249 (Fla. 2nd DCA 2017).
Account debtors, after receiving notice of assignment of their account to a new assignee under Florida Statute section 679.4016, can only discharge their account obligations by making payments to the new assignee.
Highlands-In-The-Woods, L.L.C. v. Polk County, Case No. 2D15-2801 (Fla. 2nd DCA 2017).
Requiring a developer to connect to a reclaimed water system is a permissible development exaction that satisfies the Nollan/Dolan test as using reclaimed water is a legitimate state interest.
American Sales and Management Organization, LLC, v. Lopez, Case No. 3D16-2329 (Fla. 3rd DCA 2017).
The operating agreement of a LLC may require the LLC advance the defense costs of former management, even if it is the LLC suing former management.
City of Satellite Beach v. Goersch, Case No. 5D16-2763 (Fla. 5th DCA 2017).
A petitioner bears the initial burden of establishing it has met the requirements for a variance, and the burden does not shift to the government until this burden is met.