Can a condominium with more than 10 units and a budget in excess of $100,000 self-manage? Or do the Florida statutes require them to hire a licensed property manager? Read the Q&A…………………………………..
Fireworks violation questioned (FL)
Q: I live in a homeowners association (HOA). On July 4th I celebrated with fireworks. I now have been sent a violation letter stating I violated the HOA rule against fireworks. Read the Q&A………………………….
Peacock problems: Clearwater community killing peacocks, law enforcement says it’s not illegal (FL)
There’s a peacock problem in Pinellas County. Some said there’s too many, others argue there aren’t enough. Some neighbors consider the wild animal’s therapy pets while others call the peacocks a nuisance and kill the birds to get rid of them, but that solution doesn’t sit so well with everyone. Read the article…………………………..
Condo board exiles restaurant’s resident birds (FL)
Humans aren’t the only Key West residents struggling to find long-term housing these days. Bailey, Tango and Lola, the birds that have lived in the outdoor courtyard at New York Pasta Garden for up to 17 years, have been exiled by the condominium association that governs Duval Square. Read the article……………………………
Developers: No plans to drop ‘plantation’ in Florida community names
When Charlene Smith and her husband Matthew began searching for a place to live in Florida, they considered several communities before deciding on ICI Homes’ Plantation Bay. The couple moved from New York City into their new home here three weeks ago. While both are Black, the community’s name didn’t bother them at the time. Read […]
REAL ESTATE MATTERS: Condo association erects ‘private property’ signs
Q: If our condo association posts “private property” signs, are there any implications? Read the Q&A………………………………
Woman dead, others injured after condo fire at Grove Isle in south Indian River County (FL)
A woman died and two people went to hospitals with injuries in a condo fire at Grove Isle off U.S. 1, a fire official said. After the condominium caught fire, five other condos were damaged by smoke, but Indian River County Fire Rescue Battalion Chief Roger Dion said the cause of the fire remains under […]
COVID and condos: Pickleball courts instead of trees; can the board do that? (FL)
Q: We are obviously concerned about COVID-19 and the association is about to embark on a construction project that requires contractors to enter the unit. Many owners are concerned about contractors coming in the unit, even with masks. Can we delay the project? Read the Q&A……………………………….
Residents at 2 Miami condos fed up with short-term rentals, pandemic parties (FL)
We have exposed Miami-Dade mansions being used as party houses during the coronavirus pandemic, but tonight it’s condo residents complaining, saying a combination of COVID parties and violence has turned luxury living into a nightmare. The Nightteam’s Karen Hensel investigates. Read the article………………………………
Construction firm alleges Venetian Islands condo association skipped out on $720K (FL)
A construction company alleges the condo association at Nine Island Avenue on Miami Beach’s Venetian Islands skipped out on $723,000 for a major renovation. Miami-based Critical Path Construction is suing the condo association at Nine Island Avenue, alleging the association breached its contract after it failed to pay the construction company for completing 99 percent […]
Law Change for “55 and Over” Communities (FL)
Q: We heard a rumor that our “55+ Park” is no longer required to register with the state. Is this true? Read the Q&A………………………………
Proxy voting in HOA elections often neither secret nor private (FL)
Can you advise me on what a legal voting proxy should have on it when voting for new members of the board? Are we supposed to sign the proxies so that, when we look back on the vote, we know who voted for whom? Read the Q&A………………………………
Association’s powers during pandemic (FL)
Many associations are scheduling few regular board meetings now because of concerns of risk of spread of COVID-19 from gatherings. However, while fewer board meetings are taking place, association business needs to continue and the association needs to continue to contract for the maintenance, repair and replacement of the condominium and homeowners’ associations properties. Read […]
They May Be Coming After Your Emotional Support Animal (FL)
On June 24, Gov. Ron DeSantis signed Senate Bill 1084 into law, prohibiting housing discrimination for people with a disability-related need for an emotional support animal (ESA). In the ongoing battle between CONDO Associations /HOAs and residents with emotional support animals(ESAs) and service animals, this new law should crank up a number of disputes and […]
Marco Island condos fined $4K for sea turtle lighting code violations (FL)
Marco Island code enforcement magistrate Myrnabelle Roche issued $4,000 in fines Tuesday against several condos for violating lighting restrictions during sea turtle season. In general terms, buildings located on the beach must either turn off exterior lights visible from the beach after 9 p.m. from May 1 to Oct. 31 or replace them with low […]
LCSO investigating KKK letters left in Gateway community mailboxes (FL)
People in one Gateway neighborhood found letters from the KKK in their mailboxes, prompting the Lee County Sheriff’s Office to open an investigation. The letters are allegedly from the “Cypress Cay” branch of the KKK and are filled with racial slurs about members of the Cypress Cay community. Read the article…………………………….
Seven Bridges Delray: Federal Lawsuit Seeks $7M, Alleges Harassment, Discrimination (FL)
A Federal lawsuit is seeking $7M from the Seven Bridges Homeowners Association — as well as a homeowner — as a family claims it was harassed, discriminated against, and told to move to a “Ku Klux Klan” community. Read the article……………………………
COVID-19 in Florida: Can HOA and boards shut amenities down again?
Q: The population of our high-rise condominium is mostly above 60 years old. During the past few weeks, we have been trying to reopen the amenities. With all of the news reports concerning COVID-19, we want to reconsider these decisions and shut them down again. Can we do this? Read the Q&A…………………………….
Homestead homeowners association sues Lennar, alleges shoddy construction (FL)
The homeowners association at a Lennar community in Homestead is suing the homebuilding giant, alleging shoddy construction work. The suit, filed two weeks ago in Miami-Dade Circuit Court, against Lennar Homes, further alleges that the company has ignored requests to fix the defects. Read the article…………………………….
Sheriff’s Office breaks up 8 ‘COVID’ parties and make 19 arrests over weekend (FL)
Through the cooperation of the homeowner association, the Sheriff’s Office was able to stop eight large parties before they started, the report stated. The agency’s units who assisted consisted of the Tourist Policing Unit, Patrol, Criminal Investigations, K9, DUI and Aggressive Driving Units. Read the article………………………………
Lynn Haven neighborhood works to resolve flooding issues (FL)
In one Lynn Haven neighborhood, the recent heavy rain is taking its toll; residents said it causes significant flooding every time there is a strong downpour, blocking access to parts of the neighborhood. Read the article…………………………………
Shelborne South Beach unit owners lose appeal contesting $30M in assessments (FL)
A pair of investors who bought condo-hotel units in the Shelborne South Beach suffered a significant setback in their quest to reverse a three-year-old court ruling that deemed $30 million in special assessments legal and necessary. Read the article………………………………
Citizens Insurance reverses decision to drop past-due policies on Aug. 15 (FL)
Citizens Property Insurance Corp. has reversed its decision to resume canceling homeowner insurance policies of customers who haven’t been able to pay their bills because of COVID-19-related hardships. The company recently announced in a letter to agents and customers that it would resume canceling and nonrenewing policies with past-due accounts on Aug. 15. Read […]
Pandemic has changed how boards do business (FL)
Q: Our condominium association board held online/telephone monthly meetings during the pandemic enabling owners to listen and ask questions. Normally, our board holds meetings where owners may attend in person. When the Florida Governor implemented Phase 2, the board went back to in person attendance meetings with social distancing. Is the condominium association required to […]
Facilitating electronic voting (FL)
Q: Our community has an important vote coming up and we want to facilitate electronic voting so that owners do not need to attend a physical meeting due to the virus concerns. How do we accomplish this? Read the article…………………………………..
Citizens Insurance will start dropping past-due policies on Aug. 15 (FL)
Florida’s state-run insurer of last resort says it’s time to pay up. Citizens Property Insurance Corp. customers who have been unable to make their homeowner insurance payments because of a COVID-19-related hardship will have to come up with a way to fulfill their obligations or face cancellation after Aug. 15, the company said in letters […]
Condo living: What can we do about noisy neighbors upstairs? (FL)
Q: We are having a very difficult problem with noise created by the condo unit located directly above us. We have proof that the above unit has not been outfitted with a sound-barrier layer beneath the tiled floor. This situation has already caused us two years of awful stress. The occupant is unfriendly and the […]
Osceola County commissioner accused of impersonating deputy at HOA meeting (FL)
An Osceola County commissioner is accused of impersonating as a law enforcement officer at a Homeowner’s Association meeting, according to the Florida Department of Law Enforcement. Read the article……………………………..
The Villages in Florida and the coronavirus
As cases spike across Florida, the virus appears to have caught up with the residents of the Villages. Read the article……………………………
‘Palm Beach Ken’ Calls Cops On Black Woman For For Riding Bike In Gated Community (FL)
A Ken from Palm Beach reportedly called the cops on a Haitian woman for riding her bike on a bike path in a gated community. According to video uploaded on Facebook by Roz Joseph, she was told by the white man, “This is the f***ing United States of America,” as he demanded to know why […]
Could HOA’s Be Asked to Turn Over Guest Lists to Track COVID Spread (FL)
HOA and country club communities throughout Palm Beach County may be asked to turn over guest lists when it appears parties are taking place against CDC and local health department guidance. Read the article…………………………………
COVID presents extraordinary financial challenges to condo associations (FL)
Q: I live in a condominium for older persons. In March 2020, the board of directors for our condominium association approved the replacement of all wood fences in 2020. Currently there are not enough funds in our reserves to cover the replacement costs, so the board is assessing each unit nearly a thousand dollars. The […]
Large group accused of not following COVID-19 guidelines at Pensacola Beach resort (FL)
Portofino Island Resort at Pensacola Beach is at the center of controversy right now, after several guests say a large group rolled into town and didn’t follow CDC guidelines. Read the article……………………………..
Panama City Beach woman allegedly defrauds $230,000 from several condominium associations (FL)
A Panama City Beach woman has been arrested after allegedly being involved in theft from numerous condominiums. The Bay County Sheriff’s Office says they were alerted to the alleged theft back in May, when $230,000 dollars was removed from one local condominium association’s bank account, and deposited into a second association’s account. Read the article………………………………..
Right move, but wrong method (FL)
Planting a drought-tolerant landscape might not be top-of-mind for you right now after the recent deluge, but for one reader, it is painfully so. A longtime Palmer Ranch resident, this woman said she didn’t want her name published, but only called to share some advice with other readers. Concerned with high lawn-care bills and water […]
Community Law (FL) Q & A
Q: We are approaching hurricane season and our board is trying to prepare for an emergency situation. One concern is that our management firm has indicated that it will not staff the building in the event of a hurricane. What can we do to protect ourselves? Read the Q&A………………………………..
Fining Procedure Discussed (FL)
Q: What is the maximum fine an association can impose on an owner for a rule violation? Read the Q&A……………………………..
Residents Secretly Recorded at High-End Miami Condo Tower: Lawsuit (FL)
A fired concierge at Miami’s high-end Palm Bay Tower condominium claims he was a victim of retaliation after reporting video and audio recordings were made in the building with secret cameras. Christian Miranda sued Palm Bay Towers Condominium Association Inc. and KW Property Management LLC, which oversees day-to-day building operations, under the state whistleblower and […]
Condo Q&A: Must I Sign My Name on a Noise Complaint? (FL)
A common condo complaint focuses on noisy neighbors, but an HOA has limited options. It depends on the governing docs – and sometimes it’s a police matter. Read the Q&A……………………………
COVID-19 and insurance; who’s liable and what’s covered? (FL)
Q: Does our association liability insurance policy cover the association if someone sues claiming they contracted the COVID-19 virus from the association’s common amenities? Read the Q&A……………………………………..
Land Code Revision Hearings Will Discuss HOA Rules To Allow Hens On Properties (FL)
Unincorporated Hillsborough County has changed dramatically in recent years, evolving from predominantly rural to notably suburban as housing tracts replace farms, but one feature of country living may be coming home to roost on a cul-de-sac near you. Read the article…………………………..
Allegiant accused of letting DeSoto country club fall into disrepair (FL)
Lake Suzy residents are calling for action to finally clean up Kingsway Country Club, owned by Allegiant Travel Company, in the DeSoto County area. “The country club has been closed since (mid-March) and is not being maintained,” wrote Maureen Stasi in an email to the Sun. Stasi said Lake Suzy residents have concerns of how […]
HOA boards entitled to exercise business judgement when making decisions (FL)
Q: Last year, our HOA contracted to have the asphalt repaved on the walk path of our 2000 home development. As you can imagine, this was an expensive repair and cost $170,000. Based upon the existing conditions, in my opinion, this was an appropriate repair. I had no hand in any of the process, even […]
Coral Springs Police officers carry woman downstairs after condo building catches fire (FL)
Coral Springs Police officers ran inside a burning apartment to rescue a woman who could not make it out on her own. Body camera video shows officers carrying a woman down at least nine flights of stairs after her condo building, along the 3500 block of Broken Woods Drive, caught fire at around 7:45 p.m. […]
Condo column: Can a limited liability company buy a condominium unit? (FL)
Q: One of our homeowners has weekly pool parties and the noise is very disturbing and sometimes the parties go late into the evening and keep us awake. The HOA is requiring that we file a complaint and they won’t accept anonymous complaints. I am fearful to sign my name to a complaint, but the […]
Per Recent Miami Beach Ordinance, Condominium Residents Required to Wear Face Masks in Indoor/Outdoor Common Areas (FL)
Effective June 30, 2020, the City of Miami Beach mandated the use of facial coverings for all persons in public places to help prevent the spread of the coronavirus. As the City of Miami Beach’s Phase 2 Reopening Order and Emergency Measure applies to both indoor and outdoor public spaces, residents living in community associations […]
Starwood Capital affiliate sues 1 Hotel & Homes South Beach condo association for trademark infringement (FL)
An affiliate of Starwood Capital Group is suing the condo association at 1 Hotel & Homes South Beach for trademark infringement. In a lawsuit filed in Miami federal court earlier this month, SH Group Global IP Holdings alleges the 2399 Collins Avenue Condominium Association and its president John Bostany “embarked on a calculated strategy” to […]
Surprise Audits Not Authorized (FL)
Q: Does Florida do unannounced audits of condominium or homeowners’ associations to see if they are conforming to the relevant statutes? For example, some of our board members don’t want bids for a contract even though it is required by statute. As President, the argument I got from some board members was: “who’s going to […]
Glass condo owners in South Beach sue Terra, architect and contractors, alleging construction defects (FL)
Residents at the ultra-luxury condo development Glass in South Beach say that the building’s plans were not as translucent as they had hoped. The condo association filed suit, alleging the development group failed to build the 10-unit, 18-story condo development at 120 Ocean Drive in accordance with building codes, manufacturers recommendations and permitted plans. […]