REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report ( Continued )
MANUEL FARACH
Shrewsbury v . Childers , Case No . 1D2023- 0750 ( Fla . 1st DCA 2024 ). A lessee under a 99-year land lessee who contests whether he , as a lessee , sufficiently “ owns ” real property to be assessed ad valorem taxes must still contest the tax valuation within sixty days as set forth in Florida Statute section 194.171 ( 2 ) and may not merely rely on his claim he is not an owner .
Driscoll v . Knellinger , Case No . 2D23-459 ( Fla . 2d DCA 2024 ). Actions taken in the corporate context and before any litigation commences are not protected by the litigation privilege .
Palanchian v . Windstone Property Owners Association , Inc ., Case No . 4D2022-2939 ( Fla . 4th DCA 2024 ). A community association cannot be compelled to comply with a settlement agreement ot which it was not a party , which does not run with the land , and which was not clearly intended to impact third parties .
U . S . Bancorp v . Taharra Assets 5545 , Inc ., Case No . 4D2022-311 ( Fla . 4th DCA 2024 ). The property owner at the time a lis pendens is filed is an indispensable party to the foreclosure action and remains so even if the owner later transfers their interest .
Phoenix Management Services , Inc . v . Waterchase Homeowners ’ Association , Inc ., Case No . 4D2023-174 ( Fla . 4th DCA 2024 ). A dispute over business records , including one where a management company refuses to turn documents over to a community association , typically does not arise to the level of permitting punitive damages .
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