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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) […]

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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 […]

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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………………….

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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…………………..

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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 […]

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“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 […]

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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…………………

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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 […]

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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 […]

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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……………………

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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 […]

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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. […]

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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………………………..

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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. […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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……………………………….

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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 […]

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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 […]

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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 […]

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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 […]

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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. […]

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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. […]

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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………………………

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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……………….

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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 […]

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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.

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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………………….

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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……………………

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“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 […]

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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 […]

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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 […]

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When Does Interest Accrue on Delinquent Assessments? (FL)

The ability to collect interest for delinquent assessments is found in a community associations governing documents and is also recognized in Fl. Stat. Chapters 718 for condominium associations and 720 for homeowner associations. Specifically, section 718.116(3), Florida Statutes for condominium associations provides in part that unpaid assessments shall bear interest from the due date until […]

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Estoppel Certificates

Some associations are still not complying with the new laws on Estoppel Certificates which is required of condominiums, cooperatives, and homeowners associations. Prior to July 1, 2017, you only had to provide the prospective purchaser with information about the monies owed to the association attributable to the unit being purchased. Now you must provide a […]

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Avoiding Defense of Selective Enforcement (FL)

A common defense raised by owners who find themselves on the wrong side of a covenant enforcement action is to allege an association’s failure to enforce the covenant at issue against all violators and instead only selectively enforcing it. The defense of selective enforcement is based upon a case decided by the Supreme Court of […]

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Performing Rights Organizations and Associations

So your community association has survived Hurricane Irma and completed all the repairs. In celebration of this milestone, the association decided to hold a community wide cookout with live music. The celebration was a success and thoroughly enjoyed by everyone. Now, two weeks later, you are in receipt of a certified letter from a Performing […]

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Penalties for Financial Reporting Violations (FL)

In 2018, the Florida Legislature revised a provision within the Condominium Act concerning financial reporting. Specifically, if a condominium association fails to comply with a request from the Division of Condominiums, Timeshares and Mobile Homes (the “Division”) regarding providing a unit owner with a copy of the annual financial report, the condominium association, as a […]

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Hurricane Insurance Claims for Condominium Associations,

There is a lot of information on how associations can prepare for hurricanes but much less information as to what happens after the hurricane, particularly as it pertains to insurance claims. A question that managers and board members need to consider is, what is required after a hurricane to ensure compliance with your insurance policy […]

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Board Members, Property Managers: Be Aware of New Community Association Guidelines (FL)

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 Dec. 5, 2018.    Read the article…………………….

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Indemnification Provisions and the “Vouching In” Rule – – The Most Dangerous Contractual Provision You Probably Don’t Know About

If you have been in the business world for any reasonably length of time, or if you have leased property or entered into a contract for construction or remodeling, you have probably been a party to a contract that contains an indemnification provision.    Read the article…………………

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Florida Federal Court Finds Insurer Must Defend Contractor in Defective Condo Construction Suit

The United States District Court for the Middle District of Florida recently granted summary judgment in favor of developer, KB Homes, ruling that Southern Owners Insurance Co. must defend KB Homes under various Commercial General Liability policies.   Read the article……………..

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What Does Florida Law Say About A Community Association Bulk Services Agreement Such As Cable And Internet Service? (FL)

Bulk services agreements are those agreements entered into between a condominium association or homeowners association and a company for providing similar services to the community’s entire membership. These are most commonly used for providing the community with broadband services, such as phone, cable and internet service. The benefit of bulk services agreements is that the […]

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Court Decision Touches on Condominium Airspace Property Rights (FL)

In property law, owning land includes owning the earth under the surface and air above the surface. Florida’s First District Court of Appeals recently addressed airspace condominium parcel rights in Sterling Breeze Owners’ Ass’n, Inc. v. New Sterling Resorts, LLC, Case No. 1D17-1553 (September 5, 2018).       Read the article………………….

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Emotional Support Animal (FL)

The following is a paraphrased example of the one question that we are asked most frequently:  “I live in a condominium, which has had a “no pet amendment” since it was built. A person recently purchased a unit and has been seen with a dog that barks all the time. The owner signed all the […]

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Appeals court upholds lower court decision in dispute over Heron’s Landing condos (FL)

A Florida appeals court has affirmed the decision of a lower court in a dispute over the condition of condominium units in Jacksonville.  “Appellant contends that the trial court erroneously admitted extrapolation evidence and erred in failing to grant its motion for a directed verdict,” the First District Court of Appeals in the State of […]

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My Unit is Flooded From a Neighbor’s Condo! Who Pays For a Condominium Leak or Dry-outs Afterward? (FL)

It’s not unusual for condominium owners to experience leaks that don’t come for their own unit. Being surrounded by other people’s unit above, below, and on the sides, makes leaks inevitable from a neighbor’s condo. When you add in owners who may only live in the unit part time, and other units that may be […]