The condominium association in a major Boca-area development is being sued for breach of contract by the owner of a unit. The Promenade at Boca Pointe Condominium Association is accused of making up rules to prevent condo owners Gerardo and Ana Vizcano from leasing their unit for a full year. Read the entire article……………………………….
A SWFL veteran honors his fellow soldiers with yard signs and now he’s being fined (FL)
A community is rallying behind a SWFL veteran now that he’s being asked to remove his yard signs. These signs show support for his fellow veterans. He’s being charged $50 for every day those signs remain posted. A letter from The Rotonda West HOA says that veteran, Larry Altenburg had until may 26, not even […]
Condo questions: Can an owner bring his attorney to attend a fine hearing? (FL)
Q: Our board recently levied a fine for $200 against an owner for two parking violations. The owner is asking to bring his attorney, and our manager said that was not allowed. We want to make sure we do this properly. Can the attorney attend? Read the Q&A…………………………………….
Associations face risks in implementing vaccine requirements for use of common facilities (FL)
Q: Is there anything in the law that would prevent an HOA from limiting participation in social activities to those who have been fully vaccinated? Read the Q&A……………………………………
Water damage in a condominium building (FL)
Q: A downstairs unit suffered water damage in our condominium building and we are fairly certain the damage is coming from the shower pan in the upstairs unit. The owner of that upstairs unit is refusing access and won’t let the association fix the common elements. The owner has represented that he fixed the problem, […]
Seven Bridges Delray Beach Discrimination Lawsuit Continues, New Magistrate Assigned (FL)
The litigation against the Seven Bridges (Delray Beach) Homeowners Association continues, despite a summary judgment entered last week by a federal judge in the $7M claim. Signaling that litigation is not anywhere near over, the Federal Judge overseeing the case just assigned a new “Magistrate” who is responsible for managing settlement talks. That Magistrate, William […]
Poinciana residents seek action as trash piles up in neighborhood (FL)
A representative from the HOA, Trish Moore, sent a statement to 8 On Your Side. “We are equally frustrated over the piles of trash that have been illegally dumped in our community. Trash removal is handled by the county, not the HOA,” she said. “As a homeowner’s association we are not equipped to handle trash […]
Tuscany, GL Homes settle construction-defect lawsuit (FL)
The Tuscany Property Owners Association has settled a construction-defect lawsuit against GL Homes for $125,000 just a month after it sued the county’s largest homebuilder. The lawsuit, filed April 7, alleged that GL Homes performed its work in “a substandard and defective manner. Read the entire article……………………………….
Owner Feels Locked Out from Information (FL)
Q: I live in Canada and own a condominium unit in Florida. I cannot travel yet to go back to Florida and my condominium board president has blocked me from sending him e-mails. What are my rights to get information about finances, planned maintenance, and minutes of meetings? Read the Q&A…………………………………………
Neither board members nor officers must be unit owners, unless required by governing documents (FL)
Q: Within 2 weeks of our recent elections, the newly elected president finalized the sale of his condominium and moved to the west coast, making him a non-owner. He was then appointed the secretary-treasurer by the majority vote of the board. Our condo association in the last 50 years since its inception has always had […]
New law protects associations from covid liability (FL)
Q: What are your latest recommendations to community associations regarding Covid-19 vaccinations and the so called “vaccination passport”? Can an association mandate that in order to use the common facilities the person must show proof of vaccination? Should we be fully reopening our common facilities and if so does this expose our association to liability […]
Condo Q&A (FL)
Q: A tenant seeking approval to reside in our condominium has a dog weighing 60 pounds. We have a 30-pound limit on all dogs. When we denied the application because of the dog, the tenant then claimed that the dog is an emotional support animal and provided a letter dated after our original denial from […]
Will a public pathway end up costing Hollywood condo owners to have it reopened? (FL)
A beachside battle continues in Hollywood. As we first reported earlier in May, a public pathway on North Beach remains closed, shut down by an adjacent condo association. The association is in violation of city code for blocking a public right of way. Now the question is, when will the public path reopen? Read the […]
DOG BAN: HOA Demands Homeowner Remove Dogs, Says Not Allowed (FL)
A Palm Beach County homeowners association is suing a couple for allegedly keeping two German Shepherd dogs, in violation of HOA rules. The lawsuit, just filed in Palm Beach County circuit court, demands that the couple remove the dogs immediately and permanently. The HOA seeks damages in excess of $30,000. Read the entire article……………………………….
They do it their way: Voluntary HOA keeps activities high and dues low (FL)
Imagine paying just $450 a year in homeowners association dues. And that your dues were voluntary. That’s the case at Coconut River Estates, an ungated community of about 200 homes off Airport-Pulling Road south of Golden Gate Parkway. Their civic association was started 32 years ago and has successfully managed upgrades of common buildings, expansion […]
Bradenton woman at odds with HOA over tree, claims it’s the source of an insect issue (FL)
A Bradenton woman is seeking a permanent solution to an issue she says she’s been dealing with for more than a year. Eighty-two-year-old Katherine Wieder says she started getting bug bites around February 2020. She believes the small bugs were gaining access to her second floor condo through an areca palm tree outside her home. […]
Court hearing set for woman charged with clearing trees in Topsail Hill Preserve (FL)
Well before the arrests of Glantz and Gaultney, and soon after the tree clearing incident itself, the homeowner’s association board at Crystal Dune sent out a statement of apology. “Our community is distraught at the recent desecration within the Topsail Hill Preserve, an area that is to be respected and protected. To learn that it […]
A Keys Yacht Club Needed A New Roof — The Fix Disturbed A ‘Colony’ Of Protected Birds (FL)
One day last spring, a roofer arrived at the Florida Keys Wild Bird Rehabilitation Center with a bin containing chirping chicks and eggs, not such an unusual delivery for the center during nesting season. Read the entire article……………………………….
Your Condo Building Still Can Require Masks And Much More. Here’s What Associations May Enforce (FL)
For more than a year, condo associations had to become COVID-19 traffic cops for hundreds of thousands of Floridians in high-rises and sprawling complexes. They had to enforce the use of masks, social distancing and rules for pools and other public spaces. Read the entire article……………………………….
‘Ham ‘ it up for hurricane season (FL)
Southwest Floridians are all too familiar with power loss during hurricanes and storms, but who’s there to communicate for us in a state of emergency? On Saturday morning in Punta Gorda, the Charlotte Amateur Radio Society collaborated with the Burnt Store Lakes Homeowners Association Community Emergency Response Team to demonstrate how Ham Radio operators can […]
Your condo building can still enforce you to wear masks (FL)
Although there are new mask guidances in place for fully vaccinated people (they no longer have to wear masks in certain settings), vaccinated people living in condominiums are now facing a new predicament — the government says they don’t have to wear masks if they are vaccinated, so, do they have to wear them in […]
HOA must respond to request to inspect records (FL)
Q: I live within a neighborhood governed by both a homeowner’s association and a master property owners association. A number of the owners are interested in seeing documents that will show us where our money is being spent on landscaping projects. At least one of us has requested this information from our HOA, on several […]
SEVEN BRIDGES DELRAY: Federal Judge Rules In Favor Of HOA, Expect Appeal (FL)
A summary judgment has been issued in the federal housing discrimination case against Seven Bridges in Delray Beach. But the HOA is not in the clear. The judgment isn’t final, an appeal is likely, and state court action in the case is expected. Read the entire article……………………………….
Can We Hold a Special Election? (FL)
Q: A director on my condominium association board resigned. The remaining directors can’t agree on who should fill the vacancy. Can we hold a special election and let the owners decide? Read the Q&A…………………………………
Settlement Talks Underway In $7M Suit Against Seven Bridges Delray HOA (FL)
The $7M Federal Housing Discrimination lawsuit against the Seven Bridges HOA is heading towards its second day of settlement talks on Friday. While settlement conferences are routine in litigation, this is notable for two reasons: previous settlement conferences have failed to reach a resolution, and the parties spent 3 hours and 55 minutes meeting with […]
Regalia association scores $18M settlement in construction defects lawsuit (FL)
The Regalia condo association settled its lawsuit alleging a slew of construction and design defects and building code violations at the luxury oceanfront tower for $17.5 million. In 2018, the Regalia on the Ocean Condominium Association sued the developers, architect, general contractor and subcontractors over alleged flaws such as improperly installed pool joints and cracking […]
Ask a real estate pro: What are my rights if condo board refuses to provide parking lot security? (FL)
Q: I live in a condo and had a video camera in my patio area pointed directly at my vehicle in the parking lot for security. Management told me I would be fined if I did not remove it because it invaded the other residents’ privacy. I pulled the camera, and a few cars have […]
Call Police, Not Security For Crime In Palm Beach County Gated Communities (FL)
Security guards are not cops. That’s the message that area law enforcement agencies want residents, whether new to South Florida or those who have lived here for ages, to remember. With real estate sales booming and people moving to Boca Raton and Palm Beach County from places like New York and New Jersey, security experts […]
Rotonda Lakes Association’s board members resign, new leadership (FL) in place
Fed up with the way the directors managed the Rotonda Lakes Conservation Association, members led a recall effort that has resulted in replacing several board members and focusing on resetting priorities. Read the entire article……………………………….
Plans to build homes on closed Florida golf course riles up residents (FL)
A local investor group has purchased the former Tomoka Oaks Golf & Country Club with plans to redevelop it as a new home community. They paid $2.6 million, according to Volusia County property records. Read the entire article……………………………….
Community facilities and COVID (FL)
Q: What are your latest recommendations to community associations regarding COVID-19 vaccinations and the vaccination passport? Can an association mandate that in order to use the common facilities, the person must show proof of vaccination? Should we be fully reopening our common facilities and if so, does this expose our association to liability if someone […]
Rollover of excess funds normal (FL)
Q: If there is an excess in monies collected from the annual budget, must the excess be returned to owners, or can it be used to reduce maintenance fees for next year? Read the Q&A………………………………..
Danger! This path isn’t safe — unless you live in a certain beach condo? (FL)
A battle is brewing in Hollywood after a condo association blocked access to a popular public beachside pathway. It was once a busy, thriving path along North Beach in Hollywood. But “DANGER” signs and fencing have stopped people from passing through for months. Read the entire article……………………………….
Ask a real estate pro: Can the HOA force me to paint my house a color they chose? (FL)
Q: When I bought my home 16 years ago, I picked my lot, floorplan, brick and paint color from the developer. Recently the new HOA board picked a new paint color scheme without involving the homeowners. I repainted my home three years ago, and it does not need repainting. I was assigned a gray color […]
Form Association Or Face Fines? (FL)
The problem goes back to 1988, when a developer got a variance that allowed him to build 91 homes instead of 50 if he created an association to maintain the private roads and drains. But after the construction was finished, the association was dissolved in 1992. And 29 years later, Sweetwater is telling homeowners they […]
Park Forest thirsty for irrigation water (FL)
It’s not quite a neighborhood water war, but the Englewood Water District will discuss Thursday how best to expand and fairly distribute its irrigation water in Park Forest. The treated effluent has always been a precious commodity for irrigation — one that the Water District has measured out judiciously. Read the entire article……………………………….
Winds of change coming for condo group as Gomez aims to be community ‘convener’ (FL)
Armed with a promise to “look inward” and a priority list that prioritizes quality of life and condominium property values, Fausto Gomez is off and running as the new president of the Key Biscayne Condo President’s Council, an organization which has 34 of the island’s condo communities as members. Read the entire article……………………………….
Hurricane Shutter Policies Raise Questions (FL)
Q: Can hurricane shutters remain closed when a home is unoccupied throughout the summer, even when there is not an active threat of a storm? Read the Q&A………………………………
‘Massacre at Tivoli Lakes’: Mahogany trees taken out at retirement community (FL)
Tivoli Lakes has begun removing 277 mahogany trees, much to the chagrin of some residents at the west of Boynton Beach retirement community. “You could say we are in mourning,” said Ben Kass of Noceto Way. “These trees were so beautiful. We call it ‘the chainsaw massacre at Tivoli Lakes.’” Read the entire article……………………………….
Florida woman awarded $48M after becoming ill from mold in her condo
A South Florida woman was awarded $48 million after a leaky roof led to mold contamination in her apartment, leaving her with a permanent, debilitating illness, according to court records. Read the entire article……………………………….
Condo questions: How to stop repeat parking offender? (FL)
Q: One of our owners continues to park his vehicle in the valet parking spaces and our rules strictly prohibit owners from using these parking spaces. When we send him a letter, he moves the car, but it always seems like the car is back in the valet parking spaces a few days later. What […]
Condo Q&A (FL)
Q: Can a condominium association stop a unit owner from displaying an American flag from inside of an enclosed lanai? Read the Q&A………………………………….
Condo questions: Can I do my own electrical work in my condo? (FL)
Q: A question has come up about doing our own electrical work, etc., in the association rather than calling an electrician. I am not talking about complex electrical work, just simple jobs like replacing a light switch or the timer on the spa. If the wiring was not done correctly, and someone got hurt using […]
Condo Q&A: Money Budgeted but a Big Project Can’t Wait (FL)
Question: Our condominium association (I am on the board) already included a line item in this year’s annual budget for a new roof for one of the condominium buildings. However, the roof is in desperate need of replacement, and we want to have it replaced immediately. We cannot wait until all of the assessments are […]
Condominium must respond to written request to inspect records and inquiry to board by certified mail (FL)
Q: We live in a condominium that is governed by Chapter 718. We have recently started an e-mail system with owners. We have had all unit owners accept this e-mail system as notification of any new rules and regulations affecting the complex as a whole. Read the Q&A……………………………………..
Hammocks Community Association President Accused Of Diverting Over $100K For Personal Use (FL)
Miami-Dade State Attorney Katherine Fernandez Rundle announced Thursday the arrest of Hammocks Community Association (HCA) President and former Treasurer Marglli Gallego after a three-year investigation revealed that she diverted over $100,000 for her personal use. Read the entire article……………………………….
Condo questions: What are the limitations for board members communicating outside of official board meetings? (FL)
Q: Is it legal for the board of directors, to make “sidewalk deals” by phone or Zoom platform — of the board of directors only — and reach agreements before the meetings, such as to “line up the ducks?” For example: “If you vote for my motion then I will vote for yours. So, at […]
Omnibus Bill (SB 630) Brings Changes for Florida Condos, Cooperatives and HOAs
This year’s large community association omnibus bill will likely become law. This bill, which bears an effective date of July 1, 2021, contains changes which will impact condominiums, cooperatives and HOAs. At more than 100 pages, we will discuss only some of those changes in today’s CALL Alert. This bill, along with all the others […]
Escambia County responds to flooding concerns residents blame on new development (FL)
Neighbors on Monarch Ln. in Escambia County say they’re still dealing with issues from Saturday’s storm, issues they say could have been avoided. Construction crews were seen Tuesday cleaning up sediment carried into yards by flooding, homeowners believe, was caused by a development at the end of their road. Read the entire article……………………………….