Powerful storms swept through Pinellas County Saturday night, leaving quite a mess behind in one particular community. The Boca Ciega Point retirement community saw a number of condominiums damaged by what could have been an overnight tornado. A Tornado Warning was issued for parts of the county around 1 a.m. Read the article………………………………..
Community association may review financial information when approving tenants (FL)
I am on the board of a condominium association. We recently denied a rental applicant based on his misrepresentations, lack of transparency and generally disingenuous application. We were careful to follow the guidelines of the Fair Housing Act and local ordinances. Read the Q&A………………………………
Identifying delinquent owner in meeting minutes not illegal (FL)
Q: Is it improper or illegal to name a delinquent owner and the amount owed in the minutes of a meeting where the board votes to suspend an owner’s voting rights? Read the article………………………………………
Delray Beach HOA Sued: Cameras, Lights Too Close To Home (FL)
When does security become a nuisance? That’s the question a Palm Beach County Circuit Judge may have to answer as part of a just-filed lawsuit involving a homeowner and his Delray Beach Homeowners Association. Read the article………………………………
Condo questions: HOA development almost done, owners prepare for turnover (FL)
Q: Our homeowners association is still being developed, and the developer is almost done. A few owners are trying to get prepared for turnover, but we don’t know where to begin. Any tips? Read the Q&A……………………………………
Common Elements Cannot Be “Colonized,” (FL)
Q: Can the board of a condominium association allow unit owners of certain buildings to fence in areas that are defined as common areas per our declaration and plats? Once fenced, the areas would be exclusive to the respective unit owners, and not all buildings. Therefore not all members would be able to use the […]
Running a Community Association as a democracy, transition of power without a condo coup (FL)
When purchasing a residence in a condominium, homeowners association or a co-op, you by default agree to reside in a community association. You live in relatively close proximity to your neighbors and equally share the right to utilize common areas, whether it’s a lobby, pool, gym, parking lot and/or clubhouse. Monthly Association dues fund shared […]
2 men arrested after shots fired from roof of Boca Raton condominium (FL)
A suspect in the case, Ryan Mullen, 23, of Boca Raton, told police Friday he had grabbed his father’s Glock 19 handgun from a closet, kicked in a door, went to the roof and fired multiple shots in the air Read the article………………………………….
Condo director’s term limits and other qualifications for the board (FL)
Back in 2018, a bill passed the Florida Legislature that said: “A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board […]
Sandestin resident seeking court judgment on flooding and Walton stormwater retention (FL)
Additionally, Osborne’s request asks for a determination of whether the county has illegally or improperly allowed “substantial deviations” from the planned-unit development (PUD) standards set locally for Sandestin. Read the article………………………….
Community association on Florida’s uber-wealthy Fisher Island slapped with $11M class-action suit (FL)
One of the main homeowners associations on Florida’s prestigious Fisher Island – said to be the wealthiest ZIP code in the country – was slapped with an $11 million class-action lawsuit for allegedly allowing homeowners of combined units to pay the same property assessments as those with uncombined lots, recent court papers allege. Read the […]
Condo questions: With needed repairs, is a special assessment required? (FL)
Q: 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. Read the Q&A………………………………….
Police Cruisers May Park In Neighborhood (FL)
Q: My homeowners’ association has a rule that prohibits commercial vehicles from being parked in the driveways. A question came up as to whether this rule would apply to a police cruiser that is driven by one of our owners who is a law enforcement officer. Read the Q&A………………………………
Condos and HOAs may be able to limit guest access due to Coronavirus (FL)
Perhaps the most common question I have received over the past several months is whether the letter writer’s community association can prevent them from having guests in their home in response to the COVID-19 pandemic. We know that the relevant Acts provide community associations with emergency powers in response to damage caused by an event […]
Ways to limit lengthy debates at meetings (FL)
Q: Our community has a small group of owners that try to bully the board at meetings and take control of the meeting. As a result, we end up emailing each other a lot leading up to meetings to strategize and minimize debate at the meeting itself. Any other suggestions? Read the Q&A……………………………………….
Clermont HOA Spending Millions to Rehab Legends Golf Course (FL)
Homeowners in a Clermont community are excited to see better views from their back yards, and are hopeful that could translate into increased property values. The Legends Golf course closed in 2018, but now is scheduled to reopen later this year. Read the article………………………………..
Tampa condo complex sues 78-year-old woman accused of feeding stray cats (FL)
Disputes between condominium associations and the people who live there are nothing new. But here’s a notable one for a Hillsborough County judge to decide: Should an elderly resident be ordered to stop feeding stray cats — an act the condo association has deemed both a nuisance and an annoyance to her neighbors? Read the […]
Condo questions: What constitutes a conflict of interest regarding an HOA board member? (FL)
Q: What constitutes a conflict of interest regarding an HOA board member? I have issues with our landscape contractor not performing according to his contract. I’ve brought this to the attention of the president of our board on more than one occasion. Read the Q&A……………………………………..
Trump Plaza in Florida: Condo board votes to dump Trump name after Capitol siege (FL)
The Trump name has been dumped from a signature West Palm Beach condominium in the wake of the Jan. 6 siege on the U.S. Capitol. Last week, the board of the Trump Plaza condominium voted unanimously to change the legal name of the twin-tower complex. As a result, former President Donald Trump no longer will […]
Alligator Signs Questioned (FL)
Q: Are “beware of alligator” signs legally required in Florida? Read the Q&A…………………………………
Is Manatee County Becoming a Defacto Metro? (FL)
As development continues to grow unabated in Manatee County, the unincorporated areas of the County look like a patchwork quilt of residential development. Many of the nation’s leading home builders are establishing both small and large pockets of development in these unincorporated areas. Read the article…………………………………
Violations that pre-date covenant or rule may be grandfathered (FL)
We have a small homeowner’s association with 27 homes. Our deed restrictions have been renewed and are valid. They provide for the following: Read the Q&A…………………………
Sinkhole in Pasco County costing taxpayers $300 a day until it’s fixed (FL)
Property owners responsible for making repairs to the sinkhole are Trinity Varsity Club, a sports bar and restaurant, the Spring Haven Condominium Association, and Gator Crossings at Trinity. Read the article………………………………..
Luxurious Deerwood home used as brothel, Jacksonville police say (FL)
It’s a luxury home in a gated country club complete with a sparkling pool and nestled between million-dollar properties that back up to a golf course. But according to the Jacksonville Sheriff’s Office, this glamourous home in Deerwood Country Club was being used as a brothel. Read the article…………………………………
Some residents of Jacksonville townhomes concerned over 5G tower (FL)
Neighbors tell News4Jax they’re upset about a 5G cellphone tower that’s being installed outside the Parks at the Cathedral townhomes in Downtown Jacksonville. Some said they feel the tower could be a hazard to their health and that it could make their property value suffer. Read the article…………………………………..
Tomoka Oaks Golf Club to be sold (FL)
The Tomoka Oaks community could soon gain new neighbors, as a sale of the golf course property is pending. In a November 2020 newsletter by the Tomoka Oaks Homeowners Association, residents were informed that a small group of local investors were in negotiations to purchase the property, which last sold in 2011 for $1.5 million. […]
Some Boynton Beach residents upset at alleged ongoing unauthorized construction (FL)
Hundreds of people in the Valencia Reserve neighborhood in Boynton Beach are upset at what they say is the unauthorized construction of a nearly half-mile lake and other structures in their agricultural preserve, which they say will lead to flooding, loud noise, and lower property values. Read the article……………………………….
Statute of Limitations Can Prevent Enforcement (FL)
Q: Our community was built in 1982. Many homeowners have had screen patios for 38 years. The board now wants the screens removed and if a homeowner does not remove it, the board will, and it will send the bill. Can an HOA do this now after 38 years? Read the Q&A……………………………..
Condo questions: What funds can be used to paint the buildings if not on track? (FL)
Q: Our condominium has been reserving every year to repaint the buildings every seven years. We are now approaching seven years, and it turns out the paint reserve fund was never on track to be fully funded, and we are going to be short. Can we use money set aside for other projects or do […]
FL: Condo termination agreement paves way for St. Regis’ next step
Construction of The Residences at The St. Regis Longboat Key Resort is expected to begin this summer following the conclusion of legal proceedings to terminate the condominium association of the former Colony Beach & Tennis Resort, Unicorp National Developments CEO Chuck Whittall said. Read the article…………………………………
Parkland Community Blames Developer For Mold in Clubhouse (FL)
Mega-developer Lennar has often been the source of headaches for residents living in the northwest portion of Parkland. From drainage problems to project completion timelines, these issues now include mold inside the MiraLago clubhouse. Read the article…………………………………..
Trump commutes 40-year sentence of Clearwater Ponzi scheme operator (FL)
“I’m more disappointed for the investor victims and the dedicated public servants across the Securities and Exchange Commission and Department of Justice who put their hearts and souls into this prosecution and had the rug pulled out from under them,” said Bruce Barnes, a Safety Harbor attorney who filed a lawsuit in 2016 on behalf […]
Associations should be wary about getting involved in neighbor disputes (FL)
Dear Poliakoffs, I live in a condominium. Whenever a resident has a complaint about noise coming from one of their neighbors the condominium association will not do anything about it until the complaining resident has confronted the resident they are complaining about, at least twice. It seems to me like the association is making the […]
Lake Charlene residents worry over flooding threats (FL)
A FEMA-funded project to reduce the likelihood of flooding in the Lake Charlene area has a second chance at approval if the County Commission and Lake Charlene Homeowners Association can approve a new easement agreement. Read the article……………………………..
Feeding of birds in one Miramar community ruffling feathers, pitting neighbor against neighbor (FL)
Feathers are flying in one Broward County community in a battle over birds, and it’s pitting neighbor versus neighbor. 7’s Karen Hensel investigates. This is the welcoming committee in the Bristol Isle community in Miramar. A bunch of birds blocking the road. Read the article………………………..
Does Sunshine law apply to smaller boards? (FL)
Q: Please explain the “sunshine law” as it pertains to a three-member condominium board as compared to a five-member board. It seems that two directors discussing association business on a five-member board does not constitute a quorum, whereas two directors on a three-member board would. It seems that a smaller, three-member board is punished since […]
Construction defects galore at five-year-old Echo Aventura, lawsuit alleges (FL)
When New York-based Property Markets Group entered South Florida during the boom cycle of the early 2010s, Echo Aventura was one of its first completed condo projects. The developer enticed foreign buyers with amenities that included a bayfront infinity-edge pool, a 4,000-square-foot fitness center, fully furnished units and Apple home technology. But five years after […]
8 On Your Side gets results for Clearwater condominium residents (FL)
Kevin Corrigan never dreamed his issue with the U.S. Postal Service would be resolved this quickly. Corrigan is the association president of the Inverness IV condominiums in Clearwater and was looking for a bid to replace the mailboxes in the two buildings in the complex. Read the article…………………………………..
Clearwater condo association calls 8 On Your Side for help with their mailbox madness (FL)
When Kevin Corrigan received the proposal, he couldn’t believe it. Corrigan is the association president of the Inverness IV condominiums in Clearwater and was looking for a bid to replace the mailboxes in the two buildings in the complex. The price tag: $25,263.72. His jaw dropped. Read the article………………………………..
Condo questions: Is the association required to install vehicle chargers? (FL)
Q: One of our owners purchased an electric vehicle and has requested to install a charging station in his parking space. The utility company informed him that it would be very costly to install the necessary infrastructure to facilitate the charging station, and the owner is demanding the association install the upgraded infrastructure as a […]
Upside Down American Flags Flying in a Polk County Neighborhood (FL)
Some residents in an Auberndale community are upset, after several homeowners flew the American flag upside down near their homes. Read the article……………………………………….
Association Movie Night Raises Copyright Questions (FL)
Q: Our social committee wants to start a “movie night” that is open to all of our residents. Would this violate copyright laws? Read the Q&A……………………………………
Residents at Trianon condo cut off from balconies for nearly a year due to construction (FL)
For the next 300 days, residents living in the waterfront Trianon condominium in West Palm Beach will not be able to enjoy the sea breezes fluttering across their terraces. In fact, they won’t be able to venture onto their balconies at all, thanks to a massive exterior renovation project that will forbid their even opening […]
Board meetings via video conference are legal (FL)
Q: Our association has been holding its board meetings electronically via video conference. They have now announced that the upcoming annual members meeting will be held the same way with no physical attendance allowed. Is this legal? Read the Q&A………………………………..
PALMETTO PLACE IMPRISONMENT LAWSUIT: Condo Owners Fear Property Value Decrease (FL)
Condominium owners in Palmetto Place fear that the lawsuit filed by Steve and Nancy Iscowitz — claiming their key fobs were deactivated when they tested positive for COVID-19 as the condo association sought an emergency order to hold them captive in their unit — will result in reduced property values in the swanky building. Read […]
Real Estate Q&A: Window broken by stray golf ball
Q: We recently moved next to a golf course, and an errant ball broke one of our windows. We called the clubhouse, but they did not want to help. Are we on the hook to pay for a new window? Read the Q&A…………………………………..
Do purely virtual association meetings comply with the law? (FL)
The first quarter of the year is when the vast majority of Condominium and Homeowners’ Associations hold their annual members meetings. With the risk of spreading COVID-19 still around until vaccinations get widely distributed, many Associations are continuing to turn to having virtual meetings, rather than in person meetings, utilizing internet services such as Zoom […]
Palmetto Place residents show support of HOA in COVID dispute with couple (FL)
The Iscowitzes, who also claim the association violated their trust by publicly disclosing their positive tests, are seeking damages in excess of $30,000. The condominium association continues to decline comment on the matter, however, many residents are now taking it upon themselves to come to the defense of Palmetto Place. Read the article………………………………..
Condo questions: Are pit bulls allowed if its emotional support? (FL)
Q: Our governing documents allow pets but prohibit pit bulls. A person has submitted an application to lease a unit and indicated that he has a pit bull but claims it is an emotional support animal. Can we deny the lease application on the basis that the pit bull violates our rules? Read the article……………………………..
Condo Q&A: Does Florida Law Override a Declaration’s Language?
Question: I was under the impression that under the Florida Condo Statute maintenance and repair of common elements including limited common elements were always the responsibility of the association, but my condo’s declaration says that the owner is responsible for the repair, maintenance and replacement of its limited common elements. My question is if the […]