Condominium associations and HOAs throughout South Florida as well as across the country are seeking effective responses to the problem of short-term rentals that are in violation of their rules and restrictions. These unauthorized rentals, which have become prevalent with the growth of Airbnb and other online home-sharing platforms, can create a revolving door for […]
Is It Time to Amend Your Documents?
As the saying goes, change is the only constant in life. This fact, which is absolutely true, applies equally to Boards of Directors of community associations which are tasked with operating their communities consistently with the existing documents even if those documents no longer fit the needs of the community or no longer comply with […]
When Does a Condo Owner’s Lien Liability End? (FL)
The First DCA rendered an opinion this month wherein it certified conflict with the Third DCA over a condominium unit owner’s liability for association assessments and liens pursuant to § 718.116(1)(a), Fla. Stat., which pertains to a. Coastal Creek Condo. Ass’n, Inc. v. Fla Tr. Services LLC, 1D18-1457, 2019 WL 3114229, at *1 (Fla. 1st […]
Enforce or not to Enforce? A Community Associations’ Liability in Tort Cases (FL)
The Fourth District Court of Appeals recently addressed an association’s liability for failure to enforce no-street parking restrictions in Seminole Lakes HOA, Inc. v. Esnard, Case No. 4D18-15 (Fla. 4th DCA December 19, 2018). The case arose out of a car accident between Esnard and another driver which occurred inside the Seminole Lakes community. Read […]
Your Association’s Contractor Walked Off The Job – Now What?? (FL)
As happens far too often, contractors bid on an improvement project, start the work, only to later walk off the job. The contractor might do this for one of many reasons: the job was not bid correctly, prices go up, the laborers demand more money, and anything else that leads the contractor to believe they […]
“Former Felon Board Member Eligibility,” FCAP Managers Report (FL)
Fla. Stat. §§ 718.112, 719.106 and 720.306 each contain a limitation on a Read the article………………..n individual’s ability to serve on a community association board of directors if the person is a convicted felon. Specifically, a convicted felon is not eligible to serve on a community association board “unless such felon’s civil rights have […]
Condo column: Is a board-appointed committee the right way to delegate renovation work? (FL)
Q: We are preparing for a major renovation and the board has appointed a committee to make recommendations to the board. The committee is determined to be independent and is not communicating well with the board and we have discovered that the committee improperly ordered architectural drawings without the board’s approval. Is a committee the […]
Association’s Insurance Did Not Cover Lawsuit Filed by Condo Owner (FL)
A federal district court in Florida ruled a cross-liability exclusion in an insurance policy issued to Miami Beach a condominium association unambiguously precluded coverage of a lawsuit filed by a condo owner. Read the article…………………………
Guidelines for Removing Debris in Community Associations with Private Roads
Hurricane season is here. Now is the time for your community to take steps to ensure debris removal in your community is eligible for Federal Emergency Management Agency (FEMA) funding. As your community association braces for hurricanes, wildfires, and other natural disasters, there are steps you should take now to increase the possibility of getting […]
Solar Panels & HOAs – Can They Be Restricted? (FL)
While solar panels are often considered unsightly, they are a renewable energy device. For an individual home, they must be permitted by a homeowners association. However, they can be regulated. The relevant statute regarding solar panels is Section 163.04, Florida Statutes, which provides that no ordinances or laws can prohibit “the installation of solar collectors, […]
What’s Up with All This Traffic? The Impact of Neighboring Development on Community Association Roads (FL)
Whether you know it or not, the roads traveling through your subdivision are likely easements created for the purpose of providing ingress/egress access to public streets. And whether you know it or not, those easements may also benefit neighboring properties, giving them access through your subdivision to a point of entry on a public road. […]
Sea Level Rise: Forewarned is Forearmed (FL)
We have all heard the environmentalists’ cry about the Dead Sea shrinking. Water levels are falling at an average rate of three feet per year due to evaporation and human diversion of tributaries. The opposite conundrum – sea level rise – is not occurring quite as rapidly but is equally as concerning. Read the article………………………
Updates on Legislation That Affects Florida Community Associations (FL)
Only a few bills passed this year that affect community associations. These bills pertain to: 1. fire sprinkler and engineered life safety systems in condominiums, 2. removal of dangerous trees, 3. vegetable gardens, and 4. Assignments of Benefits Read the article…………………………..
Former Felon Board Member Eligibility (FL)
Fla. Stat. §§ 718.112, 719.106 and 720.306 each contain a limitation on an individual’s ability to serve on a community association board of directors if the person is a convicted felon. Specifically, a convicted felon is not eligible to serve on a community association board “unless such felon’s civil rights have been restored for at […]
Attorney-Client Privilege When Board Members Sue the Association (FL)
Many Associations have just completed their election season and find that a person or persons newly elected to the Board are involved in a case being defended or prosecuted by the Association. Now what? Clearly, a conflict of interest exists but participation in a lawsuit against the Association is not one of the factors that […]
Indemnity and the Association (FL)
Indemnification. A scary word and a confusing subject. However, almost all contracts for services contain requirements for one party to indemnify the other from damages. Often these clauses are in small type of allegedly “standard form” agreements. For purposes of today’s blog, let us discuss non-construction services. Indemnification for construction contracts is governed by section […]
Are There Skeletons in Your Association’s Closet?
Last week I was preparing an amendment to a set of recorded governing documents for a local community that were over 50 years old. There had been several amendments over those decades and I was asked to provide a few more updates by the recently elected new board. When I reached the section where I […]
Roofing 101: Common Legal Issues and Concerns (FL)
Under Florida law, a roofer must have a license to perform work in Florida. Roofers (or “roofing contractors”) are classified as Division II Contractors under section 489.105(3), Florida Statutes. Roofing contractors must hold one of two distinct types of licenses. A roofer may obtain a license as a “certified contractor,” whereby that roofer is permitted […]
Hurricane Season Is Here – If you Suffer a Casualty, You Need to Know About This New Law (FL)
A good reason why society provides for prevailing party attorney fees and costs is to make a potential plaintiff think twice before filing a lawsuit. Imagine being able to sue your adversary in court without worry that if you lose you will NOT have to pay prevailing party attorney fees and costs to the other […]
Pitfalls for Community Associations When an Owner Files Bankruptcy
Last year, over 750,000 bankruptcy cases were filed in the United States. Therefore, it is only natural that a significant number of owners of properties in community associations are filing bankruptcy. When that happens, the collision of community association law and bankruptcy law can create unpleasant pitfalls for associations. Read the article……………………
Another Fair Housing Case for Community Associations to Swim Around (FL)
The Federal Fair Housing Act, 42 U.S.C. 3601 prohibits housing providers from discriminating on the basis of race, color, national origin, religion, sex, marital status and disability. Most states, including Florida, have their own anti-discrimination laws, such as the Florida Fair Housing Act. In Florida, community associations are bound by both the Federal and Florida […]
Hurricane Preparedness and Loss Mitigation for Community Associations (FL)
From Hurricane Andrew to Hurricane Irma, the State of Florida has endured numerous destructive storms that foreshadow greater potential for destruction in the future. As evidenced by the fact that many community associations are still recovering from Hurricane Irma, communities should seek help now to ensure proper planning for the next natural disaster. Read the article………………….
2019 Florida Condominium & Homeowner Association Legislative Update
Based on the seemingly low media profile of recently passed legislation pertaining to community associations, many people wrongfully assume the latest session of Florida’s legislature will have little or no impact on their community association. To the contrary, although lacking in “name plate” legislation, the following recently passed legislation goes into effect on July 1, […]
Challenging the New Development Next Door
In most county and city governments, the land use process is one that will allow for some basic decisions to be made at staff levels, with higher levels of review in the form of public hearings required for larger scale projects, or proposals that deviate too far from the established standards for a given development. […]
Association Construction Contracts Require Deft Negotiation by Legal Counsel (FL)
Construction contracts often represent some of the costliest expenses that condominium associations will ever approve, yet many associations fail to utilize the necessary legal resources and expertise to craft and execute the most effective terms and agreements. Instead, they focus merely on obtaining competitive bids, as most associations are required to do for projects exceeding […]
Can Condominium or Homeowners’ Associations Suspend Use Rights and Voting Rights Due to Delinquency? (FL)
You’ve likely been there before. An owner is delinquent in the payment of a monetary obligation to your condominium and/or homeowners’ association, but that owner is still enjoying the common area/element amenities, such as the pool, gym, clubhouse, etc. and voting in association-related matters. That’s certainly frustrating and our Firm is often asked what recourse […]
Top Risk Management Issues for Florida Condo Developers: Part II
The liability assumed by condominium developers in Florida is both significant in breadth and in duration. Under Florida’s Condominium Act Warranty Law, developers are as equally liable as the contractor to unit owners, successor owners and the association for “fitness and merchantability for the purposes or uses intended.” Fla. Stat. 718.203. Read the article………………………
Community Associations Legally Permitted to Obtain Keys to Private Residences (FL)
When one lives in a condominium association, residents and owners must be aware that an association has the legal right to obtain an emergency key for every unit so it may access a residence under specific circumstances. Read the article……………………..
How Florida’s Adoption of the Daubert Standard Can Impact Construction Defect Lawsuits
On June 26, 2019, the Sun Sentinel published an editorial: “The Florida Supreme Court’s new evidence rule makes it harder to sue,” which is one of the many recent articles providing commentary on the Florida Supreme Court’s May 23, 2019 ruling, which changed the standard in Florida cases for evaluating and admitting expert testimony. Read […]
Top Risk Management Issues for Florida Condo Developers: Part I
The liability assumed by condominium developers in Florida is both significant in breadth and in duration. Under Florida’s Condominium Act Warranty Law, developers are as equally liable as the contractor to unit owners, successor owners and the association for “fitness and merchantability for the purposes or uses intended.” Fla. Stat. 718.203. Read the article……………………….
What Every HOA and Condo in Transition/Turnover Should Know About Florida’s Statutes of Limitations and Repose
We are frequently retained by homeowners associations and condominium associations who have just undergone transition/turnover from developer control to control by the unit owners other than the developer. Two of the first questions we ask them are 1) what amenities and other common elements does the association own or is it required to maintain; and […]
Speed Zones and Mitigating Traffic in Community Associations (FL)
We are often asked to provide our opinion and guidance regarding the rights and duties of Associations to install speed/traffic control devices and/or otherwise manage traffic on Association Property. Many Associations experience problems with drivers exceeding acceptable speed limits along Association roadways. Some Associations have gone to great lengths to address this problem, by installing […]
Special Assessments in Condo (FL)
Special assessments happen. The unfortunate reality is that during the life of a condominium building some unexpected expenses are going to arise and the association must take steps to fulfill its obligations to the membership. If the operating budget cannot handle these expenses, and there is not a funded reserve account which can dray the […]
Directors Voting – Dispelling Myths (FL)
Every director who sits on the board of a homeowners association gets a voice in the operations of the association. The questions I receive are more about how that voice is exercised through a vote. For instance, some directors travel quite a bit, whether for work or play is irrelevant. The directors however are entitled […]
Talk About a Condo Commando! Director Fires Gun to Shoo Away Teens from Pool (FL)
“I’m putting my own life at risk!” That’s what an Ormond Beach, Fla. homeowners association director is reported to have said after he fired his gun into the ground in an effort to shoo away two teenagers from the community pool. Thankfully, nobody was hurt in the incident, which resulted in the arrest of Richard […]
Hurricane Preparedness: What Associations Need to Know
Hurricane preparedness is a significant undertaking for every community association in Florida. Being well prepared — and well informed — can determine whether association boards and their managers will sink or swim in the aftermath of a storm. Here are some helpful tips to enable associations to stay ahead of the 2019 hurricane season, which […]
The Importance of Keeping Accurate Maintenance Records During Construction Projects (FL)
In many of the construction defect lawsuits we litigate, one of the main defenses asserted by construction companies is that the association failed to maintain their building, and it is the lack of maintenance that caused the defects – not the work performed by the contractors. It is the responsibility of the association to maintain […]
Hurricane Shutter Law Explored (FL)
Q: A friend of mine owns a townhome in a coastal community in Florida. He asked the HOA board if they can come up with a storm shutter policy under Florida Statute 718.113. The board replied that the HOA is not a condo HOA, based on the declaration, hence 718.113 does not apply. Is there […]
Technologies can enhance community association efficiency, productivity
No one can accuse community association managers or their accounting teams of being lazy. Managing requests from thousands of homeowners in the communities they serve can leave these employees drained and searching for more hours in a day. No computer program or mobile app can actually increase the number of hours in a day. But, […]
The Dynamics of Difficult People
We all encounter difficult people in our lives. This is particularly true for property managers. In dealing with difficult people, and in order to maintain your sanity, finding an effective way of dealing with difficult people is critical. Effectiveness in dealing with difficult people begins with understanding the dynamics of the person and situation Read […]
The “ABC’s” of Association Governing Documents
It’s that special time of year where it’s time to break out the sun block and the Yeti coolers. But what does this mean for a Condominium or Homeowners’ Association attorney? Fielding question after question from residents who want to solve all of their Association’s issues before making the trek up north. A lot of […]
How to stop the erosion of civility in community associations | Opinion
Raised voices, reddened faces and angry gestures. You might think you are watching a Congressional hearing on C-SPAN, but you are at your community’s board meeting. The erosion of civility in our society has begun to manifest itself in private residential communities. This comes in many forms, from rudeness and disruptive behavior at meetings, to […]
Avoiding Selective Rules Enforcement for Condo Associations (FL)
One of the most challenging aspects of effectively running and operating a condominium association is the constant turnover in board membership and the inconsistency this creates concerning rules enforcement. Most association board seats are up for reelection every one to two years. When members decide to run for the board, they often do so because […]
Understanding Stormwater Systems (FL)
South Florida is a region where seasonal rains fall over flat lands that offer little drainage. It is imperative that associations understand their stormwater systems and that ongoing maintenance of drainage systems is performed for flood prevention and compliance. Some counties and local water control districts require licensing and renewal of the permits for the […]
“Armed and Dangerous,” CAI Common Ground
IT WAS NOT A PLEASANT TOPIC, but that didn’t stop the Ridgeview Place Condo Association near St. Louis from raising questions about what owners should do if an “active shooter” storms the community. “We’re too isolated for anybody to really come—and we’re all too old,” says Diane Burnell, chair of the association’s disaster preparedness committee. […]
Premises Liability for Failure to Enforce (FL)
There are two recent cases of which community association boards should be particularly aware of. Both cases involved residents who were injured by third parties but who filed suit against their association claiming that the association was also partly responsible for their damages because of their failure to enforce the rules and restrictions in the […]
Attorney-Client Privilege When Board Members Sue the Association (FL)
Many Associations have just completed their election season and find that a person or persons newly elected to the Board are involved in a case being defended or prosecuted by the Association. Now what? Clearly, a conflict of interest exists but participation in a lawsuit against the Association is not one of the factors that […]
Preparing Your Community Association’s Landscaping for Hurricane Season (FL)
There are two constants every summer in South Florida: high temperatures and hurricane season. As Floridians know, hurricanes can cause some serious damage to our landscapes if preventative measures aren’t taken. It is the responsibility of the Board and Property Manager to prepare a community’s landscaping to mitigate any possible damages. The following are some […]
Insider Real Estate and Community Association Law Update April, 2019 (FL)
After entry of a final foreclosure judgment and foreclosure sale which did not satisfy the amounts owed pursuant to a promissory note and mortgage, the judgment creditor instituted a deficiency action seeking damages, interest, costs and attorneys fees. The deficiency action was filed less than five years after entry of the final judgment but more […]
Construction Defect Pre-Suit Notices: Here’s What You Should Know (FL)
When hiring a construction company to complete work, most people have expectations regarding the quality of work they’d like to receive. However, when the completed work is below expectations, and if a deal cannot be worked out with the company, a construction defect lawsuit may come into play. Read the article…………………….