Records requests can become quite daunting when a board of directors is faced with a high volume of demands from unit owners asserting their right of inspection of the association’s official records. Read the article…………………………….
Hotel-Condominium Governance Litigation: Could IconBrickell Go National?
In 2020, the Florida Third District Court of Appeal issued the IconBrickell decision that has had a profound effect on the way practitioners and developers think about the legal landscape of mixed-use properties throughout the state of Florida, particularly branded residential condominiums. In IconBrickell Condominium No. Three Association v. New Media Consulting, 310 So.3d 477 […]
A Parking Primer (FL)
So many of our condominiums were built in the days that it was basically unheard of for a family to own more than one automobile. Many homes didn’t even own one automobile. As a result, the laws were a lot different than they are today and allowed a building to be built with far less […]
How to Handle Absent Condominium and Homeowners Association Board Members (FL)
Each election season, condominium association members elect one or more directors to serve on the association’s Board of Directors. Many members consider their options carefully, understanding the importance of the board and the impact its decisions have on each condominium owner. Each candidate should also consider the responsibilities before running for a board position. Read the […]
What’s on Your Agenda? (FL)
Over the last several months, several questions concerning agendas have resurfaced. For ease of reading, I have listed some of these questions below with a shortened version of my responses. Read the Q&A………………………………..
The Surfside Effect: Adjusting to new regulations in the aftermath of the Surfside collapse
Carriers were quick to yank up insurance premiums when the first major hurricane in over a decade slammed Florida in 2017. Still, state and federal actions to mitigate the impact of climate change on housing infrastructure have been unrushed in the six years since. Then, on June 24, 2021, when a 12-story beachfront condominium in […]
How Should Florida Community Associations Answer Residents’ Requests for Emotional Support Animals?
A right to an emotional support animal has been a heavily discussed topic for years, especially for certain extreme requests involving the use of an exotic animal for emotional support purposes, or when there is a claim that the emotional support animal needs its own emotional support animal, in a relatively clear attempt to circumvent […]
“A ‘CliffsNotes’ Guide for New Condominium Board Members” (FL)
The election is over, and you have earned a coveted seat on your condominium association’s board of directors. Now what? This helpful guide will provide you with a “CliffsNotes” version of important things to remember as you embark on your journey as a director. Read the article…………………………….
The Maintenance Matrix: An Incredibly Helpful Tool
Alternatively, if an association has planned ahead, the association’s board and management can turn to their handy dandy maintenance matrix! A maintenance matrix is a compilation of the maintenance, repair, and replacement responsibilities in a clear and concise chart which depicts the specific assignments for each component. A maintenance matrix is prepared by reviewing all […]
Understanding Director Conflicts of Interest in Florida Condominium Associations
In the realm of condominium associations in Florida, directors play a crucial role in decision-making processes. However, their actions must adhere to certain legal standards to ensure transparency and fairness. This article explores key legal cases and statutes that shape the landscape of director conflicts of interest in Florida condominium associations. Read the article…………………………….
Roles and Responsibilities of Effective Board Members
Understanding the roles and responsibilities of effective condominium and HOA board members is critical. Community association directors should always be scrupulous and dedicated volunteers who wish to do their part for the effective administration and oversight of their enclave. Read the article…………………………….
Civility in Community Associations: Does it Even Exist Anymore?
It seems the growing trend is that tempers flare so much faster than in days gone by. One of the more difficult situations to deal with is when a cantankerous member of the association goes out of their way to make life miserable for their neighbors and/or their board. Read the article…………………………….
Disaster Assistance: Information on the 2021 Condominium Collapse in Surfside, Florida
This Q&A report looks at the federal response. FEMA coordinated response and recovery efforts, including assistance for survivors and victims’ families. The National Institute of Standards and Technology is investigating the technical cause of the collapse and plans to issue a report in 2025 that may recommend changes to improve the structural safety of buildings. Read […]
MIRS and SIRS and Condominium Document Review for Contracts Entered into Prior to Dec. 31, 2024 (FL)
In the transactional world of resale of residential condominium units the statutory three business-day condominium-review period will be taking on new elements for consideration. These additional considerations will be very important in analyzing the potential costs of ownership of a condominium unit. Read the article…………………………….
Term Limits to First Impact Longstanding Condo Directors in 2026 (FL)
The Florida legislature’s confusing rollout of board member term limits for condominium association directors created many initial questions about how and when the term limits applied. Some directors still have lingering questions and uncertainties, so hopefully, this article will help to resolve those. Read the article…………………………….
A Comprehensive Guide to Key Changes and Impacts Under the Homeowners’ Association Bill of Rights (FL)
On October 1, 2023, House Bill 919, also known as the “Homeowners’ Association Bill of Rights” took effect. This comprehensive bill provides several crucial changes related to the removal of homeowners’ association (“HOA”) officers and directors, fines and suspensions for violations of the declarations, bylaws, or rules of the HOA, as well as new requirements for […]
New HOA laws protect Florida homeowners
There are many luxury condominiums and subdivisions in Florida. These dwellings are popular among those who are commonly referred to as “snowbirds,” which are people who live in states north of here for most of the year, then come to Florida when winter hits their hometowns. The snowbird community lives right alongside full-time residents in […]
Recent Case Highlights the Importance of Strict Compliance with Condominium Riders
A recent Florida case highlights the importance of strictly complying with every provision of a purchase and sales agreement, including the condominium rider. In the case of Bydalek v. Saenz (2023), the Buyer provided the Seller with his notice of his intent to cancel the purchase and sales agreement, nine days after the scheduled closing. […]
Corporate Transparency Act – Action Required in 2024-2025 (FL)
We are writing to inform you that the Corporate Transparency Act (“CTA”) will become effective on January 1, 2024, for all new entities (as defined below) filed on or after the beginning of next year and will become effective on January 1, 2025, for all currently existing entities, (with entities being defined as any entity […]
Avoiding and Mitigating Owner Disputes in Community Associations (FL)
With neighbors living in close proximity to each other, all mutually bound by set rules and edicts, communities with associations are oftentimes fertile ground for spats and disputes. The best boards of directors and property managers understand that disputes between owners may arise from time to time and should strive to settle them as reasonably […]
2023 in Review (Florida)
The 2023 Florida legislative session addressed a wide variety of issues impacting community associations. The longest bill impacting community associations became 2023-203, Laws of Florida. The amended statutes changed, clarified, or corrected provisions created by the laws approved in 2022, Senate Bill 4-D, which became Chapter 2022-269, Laws of Florida, commonly referred to as “SB-4D.” […]
What falls under the authority of an HOA? (FL)
When you move into a community with a homeowners’ association, you must agree to adhere to the terms of the neighborhood covenant. Each HOA is different, and the specific rules that may apply to you depend on your individual community. Read the article…………………………..
Compliance with the Federal Corporate Transparency Act (FL)
Complying with the Federal Corporate Transparency Act may surprise many Florida Corporations, including many Condominium and Homeowner Associations. In 2021, as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Federal Government passed a Federal law called the Corporate Transparency Act (the “CTA”). Read the article………………………………….
Year-End Maintenance Checklist for Associations (FL)
As the year draws to a close, we at Wise Property Management understand the importance of ensuring that associations are well-prepared for the upcoming year. Year-end maintenance helps to ensure that communities are not only well-maintained but also compliant with legal regulations Read the article…………………………..
Do You Really Want to Risk Not Having Insurance? (FL)
We all know what the cost of insurance is doing to our way of life. In most condominium associations, the cost of windstorm and peril insurance has tripled over the past few years, if not quintupled. And from what I am being told, there is no end in sight. God forbid another major storm hits […]
Florida Condo Associations: Dodging Floods and Drowning in Premiums?
Well, folks, another hurricane season in Florida has come and gone, leaving us with nothing but a collective sigh of relief and the looming specter of potential disaster. In the spirit of commemorating the official end of hurricane season, I urge you to take a moment to reflect on your condo association’s insurance choices. Read […]
Many Tall Condominiums Face New Expenses (FL)
Surfside Condominium collapsed in June 2021 with $1 billion in property damage and 98 deaths. In May, 2022 Florida’s legislature amended statutes and adopted laws to require structural inspections and reserves for condominiums if three stories or more in height. The legislature amended the statutes in 2023. Many condominiums will find meeting the new statutory […]
Florida Laws and Regulations Regarding HOAs and Condo Associations
Tenants rights, investment caps, document requirements and other legal specifics aimed at community associations. Read the article……………………………….
Miami Herald Column: “Association Leaves Too Many Unanswered Questions in News Report on 300% Increase”
The article, which is titled “Real Estate Counselor: Association Leaves Too Many Unanswered Questions in News Report on 300% Increase,” focuses on a recent report by Orlando’s CBS News 6 (www.clickorlando.com) on a brewing dispute at the city’s popular Baldwin Park community. It reads: Read the article…………………………….
Political Yard Signs and Political Events (FL)
Unless you share similar political views, your neighbor’s front yard sign supporting a favorite political candidate may be upsetting. Can a Florida community association demand the sign’s removal? A well-crafted and properly adopted board rule prohibiting all signs, as compared to just prohibiting political signs, is likely enforceable with this caveat. Read the article…………………………..
The Effect of Section 720.3045, Florida Statute on Homeowner Association
Section 720.3045, Florida Statutes was created during the recent legislative session as part of House Bill 437. This section prevents associations from restricting the installation, display and storage of “any item” on a parcel that is not visible from the parcel’s frontage or an adjacent parcel, unless same are prohibited by general law or local […]
Holiday Decorations – Ho, Ho, Ho or Bah Humbug? (FL)
As the holiday season approaches, it is a good time for associations to consider its authority regarding outdoor holiday decorations. Every community is different, and opinions vary about when the holiday decorations should be put up and “how much” is “too much.” Some people want to start decorating for the holidays on November 1, while […]
Implementing Condominium Restrictions (FL)
When faced with a reoccurring issue in a condominium, the Board of the Directors may want to consider implementing a restriction as a long term solution to the problem. For example, after increasing complaints of loud music at late hours, the Board of Directors may consider a restriction as to when and to what extent […]
Is It Time to Consider Removing an Association’s Right of Self-Help to Cure an Owner’s Violation from the Declaration? (FL)
Through the years Florida’s community associations have relied upon the court decisions that had routinely agreed that the provisions of Florida Statutes that expressly authorize an association to entitlement to an injunction (i.e., a judicial order requiring a person to take action) superseded the common law standard of the requirement that there be no adequate […]
Associations Should Take Smart, Proactive Approach for Festive Holiday Season (FL)
Many communities with associations are replete with activities, private gatherings and general good cheer during the holiday season. To help make this most special time of the year as joyful and harmonious as possible, associations should make considered and intelligent decisions and preparations. Read the article…………………………………
Maintaining Your Elevators: Regular Care Can Help Avoid Huge Replacement Costs
The elevator is one of those inventions—along with running hot and cold water and indoor plumbing—that have been around for so long we take it for granted. But elevators obviously weren’t always a part of the architectural landscape. Without them we’d still be living in a world of six-story buildings (maybe seven for the strong-legged), […]
Surveillance in Buildings & HOAS: Privacy vs. Safety? (FL)
In 2017, a Boston couple were brutally murdered in their penthouse apartment in a high-end condominium building. The murderer, the former employee of a company that supplied concierge services to the condo, had worked there, and so knew the ins and outs of the building—including some serious gaps in the property’s security that both the […]
Communities Adding Pickleball Should Consider Mitigating Noise Disruptions (FL)
A recent survey of nearly 700 community association managers and board members conducted by the Foundation for Community Association Research found that more than 66 percent of the communities represented in the survey already have or are committed to building pickleball courts. However, of those communities that are embracing and incorporating the fast-growing sport, nearly […]
The New Laws – A Little Background (FL)
The tragic collapse of the Champlain Towers in Surfside, Florida occurred on June 24th, 2021 killing 98 innocent men, women and children. I was there a few days later staring at mounds of rubble and thinking that entire families were buried under there. Little kids. Babies. It was too much. The following year, The Florida […]
Is It Time to Consider Removing an Association’s Right of Self-Help to Cure an Owner’s Violation from the Declaration? (FL)
Through the years Florida’s community associations have relied upon the court decisions that had routinely agreed that the provisions of Florida Statutes that expressly authorize an association to entitlement to an injunction (i.e., a judicial order requiring a person to take action) superseded the common law standard of the requirement that there be no adequate […]
Florida Legislative Update: Key Laws Affecting HOAs, Condos and Cooperatives
With Florida legislation shifting frequently, condo and HOA boards should be aware of the various new laws adopted by the State of Florida that are likely to impact how their communities function or otherwise operate. The following is a short summary of several of the recently adopted bills that focus on governance in associations: Read […]
Florida Court Affirms Foreclosure Judgment for HOA
Florida’s Fourth DCA has affirmed a county court’s final judgment foreclosing a lien in favor of Deer Run Property Owners’ Association (the Association) awarding more than $87,000 for delinquent assessments, interest, late charges, costs, and attorneys’ fees. Read the article………………………..
When Can Insurance Companies Require Participation in Mandatory Binding Arbitration? (FL)
In Florida, significant changes to insurance regulations have taken effect as of December 2022, with the implementation of Senate Bill 2A. This comprehensive bill addresses several critical areas, including flood coverage disclosure, assignment of benefits, prompt pay laws, and, notably, mandatory binding arbitration limitations for insurance claims. This blog focuses on the provisions related to […]
New Florida Law Prohibits HOAs From Regulating Some Backyard Storage, Installations or Displays
A new Florida law that was enacted earlier this year and is now in effect addresses the storage, installation or display of certain items in the backyards of homes located within HOA communities. Read the article……………………………
Can a Community Association Restrict Solar Panel Installation? (FL)
Solar power is gaining traction as a common source of meeting Floridians’ electricity needs. In most cases, homeowners capture solar energy through the installation of roof mounted solar panels. Though readily accessible to most, solar panels are often unsightly and are a topic of concern and debate in community associations. Read the article……………………………
Fiduciary Relationship and the Business Judgment Rule (FL)
Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association and to refrain from obtaining or accepting personal benefits at the expense of the association. […]
Time for a Financial Check-Up (FL)
When did you last take a close look at your investment account statements, have a meaningful discussion with your financial advisor or broker, or reassess your investment goals and time horizon due to changing circumstances or major life events? Read the article…………………………
Navigating Florida’s Challenging Property Insurance Marketplace for Community Associations
The property insurance crisis in Florida is causing significant upheaval among the state’s HOAs and condominium associations. While they are paying the highest premiums in the country for coverage, more than 15 insurers have left the state in recent years. Citizens Property Insurance, the state-backed “insurer of last resort,” is Florida’s largest property underwriter, and […]