Photo of Molly Maggiano

Molly concentrates her practice in real estate matters, more specifically in the areas of condominium, homeowners’ and property association representation, residential and commercial purchase and sales transactions, real estate development, and other general real estate matters.  She is admitted to practice in all Florida state courts.

Molly previously served as in-house counsel to a national homebuilder, and also worked with a management and financial consulting firm providing services to the real estate industry.  These positions provided her with considerable experience in developer representation and matters relating to community development districts.

Molly was born and raised in Ohio and currently resides in North Naples with her daughter.  When not working, she enjoys photography, traveling, reading, and spending time with her friends and family.

imac-965325_1280As 2016 closes, we reached out to our team and asked them to share some of the most notable issues in real estate and land use & environmental law:

Residential Closing Best Practices Requirements by Amanda Barritt

2016 saw the CFPB regulations and Best Practices requirements move into high gear with respect to financed residential closings. Lenders, attorneys, and title companies have invested a lot of time and money coming into compliance. However, the results of the national election, along with the ruling in the case, PHH Corporation v. CFPB, are causing these players to question whether any, or all, of the CFPB lending regulations will be done away with. For now, Melissa Murphy, Senior Vice President and General Counsel of the Attorney’s Title Fund, suggests slowing down on making significant investments in Best Practices, while continuing to make sure to comply carefully with RESPA, Section 8(c) requirements as to affiliated business arrangements until we see what happens in 2017.

Condo & HOA: Fire Sprinkler Retrofitting by Molly Maggiano

As the year winds down to an end, the opportunity for condominium associations to opt-out of fire sprinkler retrofitting is also coming to a close. The subject of fire sprinkler retrofitting proved to be a hot topic during the course of the year, due in part to communications put out by the Florida Division of Condominiums regarding the applicability of the obligation to retrofit, which left many associations who thought they were exempt confused as to whether they were subject to retrofitting, whether they should conduct an opt-out vote, and the implications of such a vote. This resulted in an abundance of frantic calls to association attorneys who were also dismayed and left to wonder whether the Division would clarify its statement. Thankfully, the Division did correct its communications, but the ordeal emphasized the importance and benefits of having a qualified association attorney on hand in crucial situations such as this.

2016 Significant Foreclosure Decisions by Shannon Puopolo

Foreclosure filings continued to decline in 2016. Notwithstanding, some significant foreclosure decisions came out this year. Below is my “Top 3” List:

  • The Florida Supreme Court affirmed the decision of the Fifth District Court of Appeal in Bartram v. U.S. Bank, N.A., holding that where an initial foreclosure lawsuit is dismissed by the court, such dismissal does not trigger the application of the 5-year statute of limitations, which would otherwise preclude a lender from filing a second action. Rather, the court held the lender is only prevented from suing on installment payments that are more than 5 years old.
  • The Eleventh Circuit Court of Appeals held in Failla v. Citibank, N.A. that where debtors file a statement of intent to surrender their residence in Chapter 7 bankruptcy, they must also waive any defenses or counterclaims raised in a pending state court foreclosure action.
  • The Fourth District Court of Appeal held in Ober v. Town of Lauderdale-by-the-Sea that the lis pendens statute does not discharge liens that are recorded and based on conduct which occurs after the date of the final judgment of foreclosure, even if such liens attach to the real property prior to the date of the foreclosure sale.

Land Use Law by Austin Turner

It was an exciting year for land use and environmental law at both a state and local level. On January 21st, CS/CS/SB 552 was enacted to comprehensively address issues such as Everglades restoration. In response to threats like the Lake Okeechobee algae blooms and the Zika virus, the Governor declared several States of Emergency which led to permit extensions. Recently, a supermajority of Florida voters approved one of the two renewable energy measures establishing a constitutional ad valorem tax exemption for solar power. Locally, Lee County residents approved a non-binding referendum for Lee County’s land acquisition and stewardship program, “Conservation 20/20.”

On behalf of the Real Estate and Land Use team at Henderson Franklin, we wish you and yours a very Happy Holiday season and New Year. Please enjoy our 2016 e-card benefitting the Golisano Children’s Hospital of Southwest Florida:

 

 

Continuing with our series to introduce you to members of our Condo and HOA Team, today meet Molly Maggiano.

Fort Myers Condo and HOA Attorney Molly MaggianoMolly concentrates her practice in real estate matters, more specifically in the areas of community association representation, residential and commercial transactions, real estate development, and other general real estate matters.

Molly has a passion toward photography and the arts, which she expresses through her involvement with the Sidney & Berne Davis Art Center. Here, Molly shares with us a little about why the Sidney & Berne Davis Art Center is such a valuable resource to Fort Myers:

The arts play an important role in enriching the lives of our community. Not only are they a form of enjoyment and entertainment, but they expose us to different cultures and offer educational opportunities that can increase the quality of our lives.

It is easy to take things such as art and music for granted and forget that such programs haven’t always been available, or may not be available to future generations if they aren’t preserved. For this reason, I wanted to take this opportunity to highlight the Sidney & Berne Davis Art Center (“SBDAC”), of which I have the pleasure of serving on the Board of Directors.

Continue Reading Meet Henderson Franklin’s Condo and HOA Team Members: Molly Maggiano

Photo of Wiggins Pass Beach by Molly Maggiano

As we quickly approach the summer, many homeowners, including board members, will be returning to homes up north for the summer. Boards and association managers should take a few minutes to brush up on the requirements for meetings of executive committees that may be appointed to act on behalf of the Board in the absence of some or all of the directors.

Formation of Executive Committees

Boards have the authority under The Florida Not For Profit Corporation Act, unless otherwise prohibited by the Articles of Incorporation or the Bylaws governing the corporation, to adopt a resolution designating from among its members an executive committee to exercise the authority of the board. With the large number of seasonal owners in many communities throughout Southwest Florida, it is not uncommon for the boards of such communities to appoint an executive committee to assist in the operation and care of the association property during the summer season.

Continue Reading Community Association Executive Committees: Reminders for Successful Summer Meetings

iStock_000019598645_MediumCommunity associations which have rental restrictions and policies that require association approval of prospective tenants should be cognizant of a new law that will go into effect this summer. Many association policies in this regard afford the association a fairly lengthy period of time, sometimes up to thirty days, to complete review and processing of a rental application. However, effective July 1, 2016, the time period an association has to complete the review process will be statutorily limited as it relates to applications of prospective tenants that are members of the U.S. Armed Forces on active duty or state active duty, the Florida National Guard, or the United States Reserve Forces.

Chapter 2016-242, Laws of Florida, passed on April 15, 2016, provides for the creation of Section 83.683, Florida Statutes (part of the Florida Residential Landlord and Tenant Act), relating to rental applications by a servicemember. Under the new law, associations that have policies requiring prospective tenants to submit an application for approval by the association prior to residing in a rental unit or parcel within the association’s control  must complete processing of a rental application submitted by a prospective tenant who is a servicemember within 7 days after submission. Further, the association must, within that 7-day period, notify the servicemember in writing of an application approval or denial and, if denied, the reason for denial. Absent a timely denial of the rental application, the association must allow the unit or parcel owner to lease the rental unit or parcel to the servicemember and the landlord must lease the rental unit or parcel to the servicemember (presuming all other terms of the application and lease are complied with).

This law will be applicable to any condominium association under Chapter 718, cooperative association as defined in Chapter 719, or homeowners’ association as defined in Chapter 720.

Mortgage contractIf you own or are planning to buy a home in a “CDD” and aren’t sure what that means, this post is for you. A community development district, often referred to as a “CDD,” is a special purpose unit of local government created under Florida law, for purposes of financing, constructing, operating and maintaining community-wide infrastructure, improvements and services for the benefit of the properties within its boundaries. Examples of some of the types of improvements that might be included within a CDD are stormwater management systems, conservations areas, roadways, street lighting, and landscaping. Some CDD’s also own and operate utilities and recreational facilities such as clubhouses, swimming pools, and parks.

How does a Community Development District Operate?

Continue Reading Understanding Home Ownership in a Community Development District