Floridians who were of age during the 2000 U.S. Presidential election know firsthand how controversial close elections, disputed results, and recounts can be. Disputed homeowners’ association and condominium association elections can be just as disruptive to the community. Since community associations are statutorily required to retain election materials for a period of time, one natural […]
Some condominium association records now must be permanently maintained (FL)
Prior to a strange amendment to Section 718.111(12), Florida Statutes in House Bill 841 was approved and became effective July 1, 2018 last year, most association records had to be kept for at least seven (7) years. An exception was made for “ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating […]
Association Election ‘Shenanigans’ Lead to Contentious, Costly Litigation
A case in which a trial court concluded may have involved some association election “shenanigans” is going back to the trial court for further proceedings after the Fifth District Court of Appeal reversed the lower court’s order mandating binding arbitration. Read the article……………………….
Is Your Association Missing Out on a Utilities Sales Tax Exemption? (FL)
Some associations are unaware that they could be entitled to an exemption for the sales tax related to a major expense – utilities for common areas serving exclusively residential properties, including condominiums and homes in a homeowners’ association. However, nonresidential uses are not exempt. Read the article……………………….
How To Calculate Real Estate Valuation Damages In A Construction Defect Action
When determining whether to pursue a construction defect action, few property owners consider the question: “how will my damages be calculated?”. While understandable, failure to properly address this question can prevent owners from recovering the full extent of their damages. This blog post discusses issues that should be considered when calculating the impact of a […]
Can A Condominium Impose Special Assessments For Necessary Or Routine Maintenance? (FL)
Although it is rarely welcomed by the owners, condo associations are permitted by Florida statute to impose special assessments for necessary and routine maintenance. There are a lot of considerations that come into play in deciding whether special assessments for necessary maintenance are required, both procedural and substantive considerations. Read the article……………………..
How Homeowners Can Have a Productive Relationship With Their HOA (FL)
A Homeowners’ Association (HOA) is a private association that chiefly exists to safeguard the property values of a particular building or community. An HOA is basically established by the developer of the community where the homes are built. HOAs have got a bad reputation generally because of their strict rules and arbitrary orders they enforce […]
Communication With Your Attorney
Most attorneys are adept and accustomed to using a variety of forms of communication with their clients. Most attorneys will also charge for communications with their clients, so clients should consider what is best, not only in the context of cost, but also what is best for providing and receiving legal advice. As an attorney […]
Are E-Mails Official Records? (FL)
Whether you live in a condominium, cooperative or homeowner association, the Statue governing your community defines the term “official records”. In defining official records, each Statue has a catch-all provision. All other written records of the association not specifically included in the foregoing which are related to the operation of the Association. Read the article………………….
Service Animals in Your Community Association – “Can They Do That?
When it comes to association rules and bylaws, there seem to be more questions than answers. Becker’s video series, “Can They Do That?” tackles some of the unique problems that homeowners and renters face today. We answer questions, no matter how far-fetched they may seem. From service animals to nudists in your community, we get […]
The Project Costs What!?! That Requires A Membership Vote (FL)
Condominium Associations are in the maintenance game it seems at times. Just when one project ends, another is beginning. Maintenance is simply a fact of life for all condominiums. A big problem arises in many condominiums, however, when the maintenance project is deemed by the membership to be too expensive as they believe the cost […]
Raffles and Games of Chance: A Gamble for Community Associations (FL)
Historically, gambling was only illegal when it became a public nuisance. See Lee v. City of Miami, 121 Fla. 93, 163 So. 486 (1935). Today, although gambling is not generally prohibited, almost all forms of gambling are either prohibited by Florida law or heavily restricted. Given the potential for condominiums, co-ops, and homeowners associations or […]
Rules on Drones All Community Associations Should Consider (FL)
Drones have become extremely popular for those who yearn for the latest gadgets and gizmos. Many associations have already adopted rules to address the use of drones in their communities, and those that have not done so should give it serious thought and consideration. Read the article………………….
What Every Condominium Association Needs to Know About Security Deposits(FL)
………disputes relating to security deposits collected by our condominium associations from tenants who rent from individual unit owners. It is standard procedure for many associations, if the authority to do so appears in their declaration or bylaws, to require a security deposit from a prospective tenant. This is separate and apart from any other deposit(s) […]
Finally! Some Push Back on Short Term Rentals (FL)
After a series of rulings adverse to community associations’ and local governments’ efforts to limit or prevent short term rentals, the Third District Court of Appeal in City of Miami v. Airbnb, etc., et al., No. 3D17-1213 (Fla. 3d DCA, December 5, 2018), upheld the City of Miami’s code ordinance preventing short term rentals. Read […]
Florida’s Department of Business and Professional Regulation Issues New Guidelines for Community Associations – Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect
Board members and property managers of condominium communities need to be aware that the State of Florida’s Department of Business and Professional Regulation issued revisions to rules pertaining to violations and penalties, 61B-21, Condominium Resolution Guidelines for Unit Owner Controlled Associations, which went into effect December 5, 2018. Read the article………………….
Make Sure to Contact Your Community Association Attorney When…
Serving on the board of directors of a community association, whether it is a condominium or homeowners association or a co-op, comes with a lot of responsibility. Part of being a successful leader is identifying potentially problematic situations and knowing when to ask for professional help. Read the article…………………..
5 Essential Dos and Don’ts of Great Managers
Keep your Board educated concerning emerging trends. Board members aren’t tied the latest cases, legislation, and changes that impact their roles as board members. Many allied professionals – attorneys, accountants, engineers, insurance agents – will send emails or links to posts about important new issues in their fields. Great managers take the time to read […]
“I SEE YOU”: The Growing Demand to Install Video Doorbells in Multifamily Buildings
Security concerns are always at or near the top of the list of priorities in shared ownership communities. With personal home technology evolving at a dizzying pace, many homeowners are considering the installation of video doorbells such as those offered by Ring or Nest. However, for owners living in private residential communities, particularly in multifamily […]
Optional Condo Terminations (FL)
In part one of this blog post, we covered the basics of condo terminations, dived into how they work, and promised that in part two we’d cover recent legal changes for terminations, which include restrictions on terminations, stricter voting requirements, and other changes. Read the article…………………
Condominiums Can Be Subject to Extinguishment Under The Marketable Record Title Act (FL)
An interesting new decision out of Florida’s Second District Court of Appeal addresses whether an Association, whose members are unit owners within a condominium, was entitled to revive its declaration of covenants and restrictions pursuant to the Marketable Record Title Act (MRTA) as it existed in 2016. As we have addressed in previous posts, generally […]
Florida Must Take the Lead When It Comes to Sea Level Rise
There’s a joke about South Florida – there are two things you can see from space. The first is the Great Wall of China and the second is the divide between Miami-Dade and Broward Counties. Neither is really true, and more and more each day our region and our state are becoming increasingly unified. South […]
Condominium and Homeowner Associations Must Abide by Amended Federal Fair Housing Act Regulations
The Fair Housing Act (FHA) was amended in 2016 to prohibit quid pro quo (“this for that”) and hostile environment harassment in connection with the sale, rental and availability of housing. Pursuant to 24 CFR Section 100.7(a)(1)(iii), the amendment also applies conduct by a third party. Read the article……………………
Can My Association Board Pass a Rule Regarding That? (FL)
You attend your association’s monthly board of directors meeting because you notice an item on the agenda that piques your interest. The board of directors is scheduled to consider and pass a rule regarding _________ (you fill in the blank). You ask yourself “Can they do that?” The answer, as it is many times, is […]
Similar Reports of Association Theft in Both Coasts on Same Day Send Message to Boards of Directors Everywhere
Reports of association theft, fraud and embezzlement are no surprise to the South Florida community association attorneys at our firm, but two similar reports on the same day from communities on both the east and west coasts of the country drew our attention. The media reports of the incidents, which both ran on Thursday, Jan. […]
Permitted Breach of Rules by Association Does Not Create Liability for Resulting Accident (FL)
Lack of parking can be an extremely troublesome issue for many South Florida community associations. For HOAs with rules that prohibit on-street parking, the dearth of available spaces for residents and their guests can leave many homeowners feeling stymied and annoyed. Read the article………………………..
Insider Real Estate and Community Association Law Update (FL)
Condominium Association Faces Unit Owner Class Action Pinnacle Condo. Ass’n, Inc. v. Haney, 44 Fla. L. Weekly D203 (Fla. 3d DCA Jan. 9, 2019) After Hurricane Wilma and Hurricane Katrina caused structural damage to the four high-rise towers of the Pinnacle Condominium in 2005, the Condominium Association entered into two contracts to repair the damage. […]
Recent Changes to the Marketable Record Title Act (FL)
Imagine not being able to collect homeowners’ association dues or enforce rules in your community. For homeowners’ associations approaching thirty (30) years of age, this threat is more than a cause for sleepless nights and may become a reality if covenants are not preserved in a timely fashion from the operation of The Marketable Record […]
DBPR’s Condominium Division Increases Disciplinary Civil Penalties Against Associations (FL)
Many community associations unwittingly operate contrary to the requirements of Florida law. Those mistakes can prove costly. Pursuant to section 718.501(1)(d)(6), F.S. and Chapter 61B-21 of the Florida Administrative Code, the Division of Florida Condominiums, Timeshare and Mobile Homes (“Division”) sets forth disciplinary guidelines and civil penalties against condominiums and cooperatives for violations of Florida […]
The Subrogation Situation
With increasing frequency, insurance companies that provide unit owner insurance are suing community associations to recover payments made to the unit owner that are related to water leaks in the unit. The problem with these lawsuits is two-fold. First, the insurance companies are waiting years to bring them, although still within the statute of limitations […]
Fining Procedures – Converting Fine to Assessment (FL)
Many of our clients, both condominium and homeowners’ associations alike, often ask about the proper procedures for issuing and collecting a fine. In our previous blog post titled “Fining Procedures – Issuing a Fine” we discussed how both condominiums and homeowners’ associations properly issue a fine. This blog post will focus on converting a fine […]
Condo owners win appeal over revising homeowner rules (FL)
A group of condominium owners have won a court appeal after the state’s Department of Economic Opportunity claimed that the association was not entitled to amend or revise its property owners rules. On Jan. 25, the U.S. District Court of Appeal of Florida, Second District granted a reversal of a lower court ruling that found […]
Fining Procedures – Converting Fine to Assessment (FL)
Many of our clients, both condominium and homeowners’ associations alike, often ask about the proper procedures for issuing and collecting a fine. In our previous blog post titled “Fining Procedures – Issuing a Fine” we discussed how both condominiums and homeowners’ associations properly issue a fine. This blog post will focus on converting a fine […]
Fining Procedures – Issuing a Fine (FL)
Many of our clients, both condominium and homeowners’ associations alike, often ask about the proper procedures for issuing and collecting a fine. Section 720.305, Florida Statutes, which governs homeowners’ associations, states as follows: Read the entire article……………………………….
Florida Law On Pre-Turnover And Post-Turnover Community Association Contracts
Community associations are businesses. Not only are they corporate entities, but they collect revenue (i.e., owner assessments) and incur expenses planned for through a yearly budget. Just like any other business, community associations find themselves in unfavorable contractual relationships with other entities. Unique to community associations, these entities often find themselves in undesireable contracts entered […]
Dealing with elderly neighbor in violation of rules (FL)
For most violations of rules and restrictions contained in a Condominium or Homeowners’ Association governing documents, the enforcement procedure is fairly simple. A call or letter is sent by management telling the rule or regulation violator to knock it off. If the violation continues, then a certified letter is usually sent from the Association’s attorney […]
Creating Conditions That Lead To A Horrific Accident Does Not Always Create Legal Liability (FL)
From a recent Fourth District Court of Appeal case, Seminole Lakes Homeowner’s Association, Inc. v. Esnard, decided December 19, 2018, we once again learn that application of prior case law sometimes creates strange and convoluted results. Just because an association negligently creates obvious conditions for an accident to occur does not necessarily mean the association […]
What Does the Sign Say? Sign Regulation, Legal Issues and the First Amendment (FL:
All signs are subject to some form of regulation while at the same time carrying some form of First Amendment protection. Due to those protections afforded by the First Amendment, government regulation of signs is subject to a heightened scrutiny. This can often lead to disputes and litigation which we all know can be expensive […]
Toxic mold a nightmare for contractors
Contractors can face liability claims for toxic mold in the structures they build. These claims can be expensive to remedy, but the homes and businesses may not be able to be occupied unless the mold is eradicated. As with most construction law disputes, it is far easier to prevent mold than to remove its source. […]
Condo Terminations – What Are They and How Do They Work? (FL)
The Miami Herald published an article last year – “Real Estate Developers Ran Out of Waterfront Property. Now They Might Want to Buy Yours” – and the title says it all. This complicated process is called condominium termination. It’s difficult for real estate investors to find vacant waterfront development sites in Miami and Miami Beach. […]
Material Alterations
We receive numerous questions from our condominium association clients regarding proposed “material alterations” to the common elements. In general, the board is empowered with authority to maintain the common elements. Read the article………………………
Does Electronic Voting For Community Associations Really Work? How Do You Implement? (FL)
Q: I heard that the law in Florida recently changed and that owners in community associations can now vote electronically. What is required to implement electronic voting in my community? And does it really work? Read the Q&A……………….
The Subrogation Situation
With increasing frequency, insurance companies that provide unit owner insurance are suing community associations to recover payments made to the unit owner that are related to water leaks in the unit. The problem with these lawsuits is two-fold. First, the insurance companies are waiting years to bring them, although still within the statute of limitations […]
Why Your Community Association Should Plan Like a Business
Community associations are essentially businesses, and board members should treat planning and budgeting the way they would approach corporation planning. Here are tips on how to start.
Court Strikes Down HOA’s Rule Banning Personal Trainer From Fitness Center (FL)
Is a personal trainer in a fitness center like a call girl sitting at a clubhouse bar? This comparison was drawn by the trial court in its decision to grant summary judgment in favor of a homeowner’s association as to whether a personal trainer is an invitee or a licensee. Read the article………………….
Get Involved: How to Handle HOA Micromanagement (FL)
HOAs can provide big benefits to home owners within a close-knit community. But when do the rules go too far, and the HOA ends up micromanaging? Read the article……………………
“My Dogs. My Rocks. My Emotional Support,” Abandoned Pet Rescue
Single, 50 years old and the human to two small canines, I cannot help but turn to my four-legged loved ones for just about everything on the emotional spectrum. “Zoey” and “Kiwi” are unconditionally present for me during times of happiness, sadness, or when I feel upset, anxious, or fearful. Anyone who has had the […]
January, 2019: Insider Real Estate and Community Association Update
After they were hit in a rear-end car accident inside the Seminole Lakes Community, two plaintiffs sued the Seminole Lakes Homeowners Association claiming that it negligently allowed parking on both sides of the streets, in violation of rules in the governing documents. The case proceeded to trial and a jury returned a verdict in favor […]
No Pets Allowed: Accommodating Pets in Housing and Public Places
Anyone who has had the honor of sharing their life with a dog can relate to the experience of looking into your fur-baby’s eyes and feeling a sense of calm. In fact, research has revealed that petting a dog for a short period of time may actually lower blood pressure.[1] So, does this type of […]