The Florida Condominium Act states that an amendment prohibiting unit owners from renting their units or altering the duration of the rental term or specifying or limiting the number of times unit owners are entitled to rent their units during a specified period applies only to unit owners who consent to the amendment and unit […]
Swimming Lessons in the Community Pool – What’s the Risk? (FL)
In Florida, even after the heart of summer is long gone community swimming pools get a lot of use. But with increased use can come increased risks, particularly where owners are hiring instructors to provide private swimming lessons in the community pool. If you suspect that this may be occurring in your community, there are […]
Charging the Way: New Law Opens the Door for Electric Charging Stations in Condominiums (FL)
A recent amendment to Chapter 718, Florida’s Condominium Act, facilitates a unit owner’s ability to install and use an electric-vehicle charging station within their condominium. Section 718.113(8), Florida Statutes, which took effect on July 1, 2018, created a new provision stating that a declaration of a condominium or the board of administration of a condominium […]
Managing Government Approval for Community Repairs and Improvements
Do you live in a community that is planning repairs or improvements? You may not be aware, but it is often the case that in order to legally proceed you must obtain local government approval through the Planning & Zoning Board or City Commission. Whether you live in a single family home or in a […]
Those Pesky Little White Balls
Living in a golf course community is the ultimate dream for many. However, a golf course address can equate to some rather nightmarish liability issues for many community associations. Those issues often stem from misdirected golf swings or “errant” shots. There is no statutory law that governs golf ball liability. However, the Supreme Court of […]
Think Rules and Regulations Do Not Need to be Recorded? Think Again!! – Recent Legislative Changes Affecting Homeowners’ Associations (FL)
Many Floridians live within a community operated by an association of some kind, be it a community of single-family homes under the jurisdiction of a homeowner’s or property owner’s association, or a condominium building maintained by a condominium association. These owners should be well-aware that many aspects of life within these communities are subject to […]
Court Ruling Complicates Condominium Member Lawsuits (FL)
A recent decision from an appellate court in Tallahassee will likely create significant hurdles for condominium unit owners who wish to sue their association and its directors for wrongdoing that affects the entire membership. In Iezzi v Edgewater, the First District Court of Appeal held that members of a not-for-profit condominium association must comply with […]
HUD Considering New Emotional Support Animal Guidelines to Crack Down on Abuse
Many community associations’ governing documents contain pet restrictions, sometimes prohibiting them all together. Most owners residing in such communities expect they will not encounter a pet not permitted to reside in the community. However, these assumptions are quickly becoming less common with the increasing number of requests for an accommodation by owners wanting to keep […]
Fraudulent Transfers 101: What You Need To Know When Following The Money Trail (FL)
The debt collection process is based upon a creditor’s right to repayment from the liquidation of a debtor’s assets. In Florida, there are many judicial procedures available, which allow creditors to identify, seize, lien, levy and force the sale of a debtor’s assets in order to satisfy the indebtedness owed to the creditor. Unfortunately, many […]
An Insider’s Perspective On Navigating The Florida DBPR Regulatory And Professional Boards
Many business and industries in Florida find it necessary to obtain some form of license in order to conduct business in this state. Florida’s Department of Business and Professional Regulation (“DBPR”) is the state agency in charge of licensing and regulating businesses and professionals within Florida. The Florida DBPR is a governmental agency under the […]
Magnuson-Moss Warranty Act And Arbitration Agreements (FL)
Consumer products often include some form of written warranty. Depending on the type of product, that written warranty may be governed by the requirements of the Magnuson-Moss Warranty Act (“Magnuson-Moss Act” or “Act”). The Magnuson-Moss Act was enacted to protect consumers and to prevent deception in certain types of written warranties by the entity providing […]
Collection Procedures Reviewed (FL)
Q: I was recently appointed as the treasurer of my association. I noticed that there are a couple of unit owners who have not paid their condominium fees for over a year. I asked the other board members what they have done about the delinquent owners, and they basically shrugged their shoulders and said that […]
Hurricane Irma Lessons Learned – One Year Later (FL)
On September 10th, 2017 Hurricane Irma struck Florida and caused damage that is still being addressed. What lessons did your community learn? Were you prepared before the storm with adequate hurricane protection on your property and emergency procedures and requirements already in place? Was your response after the storm as efficient as it should have […]
Is There An Autobahn In Your Association? The Need To Regulate Traffic Within Gated Communities
The use of automobiles in Florida can be a source of pure enjoyment, but often results in stress and frustration. This is especially true as you witness a neighbor speeding recklessly on the association roads. Safety should always be paramount. Unfortunately, not every driver operates their automobile in a responsible, safe manner leading to all […]
Tragic Alligator Attack Should Cause Community Associations to Consider Alligator Dangers (FL)
The recent and devastating death of Shizuka Matsuki, a Florida woman attacked by an alligator, has alarmed and dismayed Floridians while raising many questions for community associations and their residents about alligator safety measures. Floridians are understandably fearful of alligator attacks due to the widespread prevalence of alligators in our state (similar considerations apply to […]
New Statutes Bring Streamlined Methods to Preserve Association Governing Documents (FL)
As we discussed in our main 2018 Community Association Legislative Update post, this year’s statutory amendments included one of the biggest efforts to date to help community associations avoid the disaster of their governing documents being extinguished by the Marketable Record Title Act (MRTA). As a basic premise, if a community’s governing documents are subject […]
Should Communities Use Fake Cameras? The Pros and Cons of Using Dummy Surveillance (FL)
When security is the topic of discussion for a community, dummy cameras are often proposed as a possible solution. Dummy, or fake, cameras are designed to look real in hopes that people will not know the difference. They are often seen as a budget-conscious deterrent that is better than having nothing at all. While there […]
Case to Watch: HUD Complaint Against Condo Association Ban on Religious Meetings (FL)
The community social room is typically one of the most popular amenities in condominium and homeowner association communities, and as such it must be governed with care in order to ensure all entitled residents an opportunity to enjoy it. Bans of any kind against the use of the community room, such as those for specific […]
Arbitration Guide: Understanding the Process and Its Advantages
One of the biggest legal mysteries for non-lawyers, even for experienced and sophisticated businesspeople, is the process of arbitration. The term gets used a lot, but few actually know what the process entails, and most people are usually apprehensive about going through an arbitration in a way they aren’t with the public court process. But, […]
Is It Time To Amend Your Condominium Declaration?
Does your Declaration of Condominium still refer to Chapter 711 as the Florida Condominium Act? Well, maybe it is not that old, but perhaps it has been a decade since it has been revised. If that is the case, then it may be time to amend the governing documents to ensure that they include the […]
Do My HOA’s Rules Have to be Recorded? (FL)
For many years, homeowners’ associations (HOA) were only required to record their rules and regulations if their governing documents required that they be recorded. As of July 1, 2018, that is no longer the case. Read the article………………
Maintain Now to Prevent Future Liability
Summer is a great time in Florida. It means warmer weather, outdoor grilling, family vacations, lounging by the pool, and tans. It also means increased humidity, mosquitos, sun burn, and more need for air conditioning. For Associations it is a time not for relaxing but for checking their properties and continuing with their maintenance and […]
Weathering the Storm of Unexpected Community Association Financial Needs
In Florida, particularly in the summer months, a beautiful sunny day can suddenly morph into a torrential downpour. Similarly, an association with no obvious financial problems can suddenly find itself in the perfect storm that arises when restrictive financial language in governing documents, unexpected-yet-necessary repairs and a shortage of funds collide. There are various ways […]
Making Sense: Legal And Practical Considerations Of A Community Association Committee In Florida
Most condominium and homeowners’ associations have committees in place to assist the board of directors with association operation and business, but few utilize committees properly or effectively. The creation, purpose and authority of committees can be confusing, but it doesn’t have to be. This blog post will provide an overview of the legal and practical […]
Appeals court upholds ruling favoring Florida master condo association (FL)
The U.S. Third District Court of Appeal affirmed Aug. 8 that a lower court ruling asserting that a master condo association does not have the same responsibilities as a sub-association. Appellant Benedetto Dimitri owns six condominium units in a development controlled by the defendant, the Commercial Center of Miami Master Association. Although the master association […]
Narrowing The Cone of Uncertainty – Is Your Community Association Prepared for an Emergency?
Once disaster strikes, the opportunity to adequately prepare for a hurricane has passed. As Florida enters hurricane season, we wish to remind community associations and their members of the importance of having a plan in place to operate the association, make emergency repairs and ensure the safety of the unit owners, guests and tenants immediately […]
Understanding Flood Zones in Florida
As we approach the height of hurricane season, it’s a good time for property owners to brush up on their understanding of flood zones and how they impact flood insurance. Below are some resources and answers to frequently asked questions on flood zones: Read the article………………
Choosing Florida Friendly Landscaping in an HOA Community?
During the first part of today’s show we were exploring the ways people can reduce the amount of water and fertilizer they use on their yards in order to reduce their environmental footprint, and not contribute to the harmful algal blooms we’re seeing in local waters. But, what if you live in a community that […]
Bungle In The Jungle – The Presence of Wild Animals In Your Community Association
With the ever-increasing urban development in Florida, especially in South Florida, we are sometimes reminded that we live in close proximity to a number of native and exotic invasive wild animals. What can and should happen when your community association is confronted with that unexpected wild animal that causes a ruckus, or even worse, the […]
How Florida Condominium Law Impacts Collection Of A Condominium Assessment By Florida Condominium Associations
Florida condominium law is ever-evolving. As a result, an effective condominium law attorney can help ensure condominium associations are able to collect an overdue condominium assessment from each unit owner. In this video presentation recorded by Hans C. Wahl, he explains how our laws govern a Jacksonville Florida condominium assessment by a condominium association, as […]
Collect What is Due: Effective Association Collection Strategies and Policies (FL)
One of the most consistent challenges for condominium association boards in Florida is receiving dues and assessments in a timely fashion. Therefore, it is vital for a COA or HOA to apply effective association collection strategies as part of their management activity. This video presentation recorded by attorney Brittany N. Snell outlines effective association collection […]
Court: Association Declaration’s Reference to Alterations Encompasses Material Alterations (FL)
The approval of board-proposed alterations to a condominium association’s common elements sometimes requires adherence to the general process prescribed by Florida law, which calls for an affirmative vote from at least 75 percent of the total voting interests in the association. Read the article………………
Community Associations Signing Assignment of Benefits May Be Giving Away the Kitchen Sink
If your Association has suffered a property damage loss, chances are the Association has been asked to execute an Assignment of Benefits (“AOB”) by a vendor. An AOB is a document signed by a policyholder – in this case the Association – that allows a third party, such as a plumber, contractor, roofing company, or […]
What is a Contest of Lien, and How Does My Association Respond To It? (FL)
You’re the President of a condominium association or an HOA. You’ve had a problem owner for years—someone who doesn’t pay his assessments. Or when he does, payment is late and he incurs penalties and interest, and then later fights those penalties and interest. The owner is basically a drain on the association’s budget and time, […]
Going Green: Installation of Electric Vehicle Charging Stations in Condominium Parking Areas
Florida is blessed to have abundant, beautiful natural resources: beaches, rivers, lakes, wetlands, and forests. The Florida legislature has adopted multiple laws aimed at protecting the state’s environmental resources through conservation and promotion of clean energy. In furtherance of this policy, on March 23, 2018, Governor Rick Scott approved House Bill 841 amending Chapter 718, […]
Putting the Puzzle Together Regarding Insurance Coverage and Exclusions (FL)
In those pages and pages of insurance documents detailing your available insurance coverage you’ll also find exclusions explaining what is not covered in your insurance policy. There might, however, be some exceptions to those exclusions that should keep the claim from being excluded under the policy. Confused yet? Read the article………………
What Did You Say?
In the community association world, it is fundamental for board members, managers and decision-makers to have good communication skills in order to succeed. Such skills are important in any business, but in community associations where membership and dues are mandatory, good communication is critically important. Read the article………………
There’s a Membership Meeting in my HOA, Where Does the Notice get Mailed?
It is commonly understood that membership meeting notices are mailed to members in addition to being conspicuously posted. The address used has historically been either the property address in the community or an alternate address provided by the members. Effective July 1, 2018 however, the address to be used takes on a new characteristic for […]
Fair Housing Center claims Palm Beach condo association, property management agency discriminated against families
A fair housing advocacy group is suing a Palm Beach condominium association and property management agency, claiming their policies about how many people can live in their units are discriminatory and violate the Fair Housing Act. Fair Housing Center of the Greater Palm Beaches, a nonprofit based in Lantana that claims to work to eliminate […]
Carbon Monoxide Killed 2 People In A Condo. An Insurance Policy Exclusion Barred Coverage Of The Resulting Lawsuit (FL)
A federal district court in Florida has ruled that a pollution exclusion in an insurance policy issued to a homeowner’s association precluded coverage of a lawsuit seeking damages for the death of two people in a condo unit caused by carbon monoxide poisoning. Read the article………………
The Business Judgment Rule: A Shield for the Community Association Board Member and Directors (FL)
Disputes between community associations and their members are common. These disputes may evolve into lawsuits. In some instances, the plaintiffs in these lawsuits attempt to hold the directors or officers personally liable for damages. Luckily for the directors and officers, the business judgment rule shields them from personal liability, unless they breach a fiduciary duty. […]
Do You Know Your Fireworks Laws? (FL)
It’s time once again to celebrate the 4th of July! Millions of people will celebrate Independence Day throughout the country. Often times, the first thing people think of when picturing a 4th of July celebration is fireworks. While fireworks are very enjoyable to watch, there are some important things to keep in mind. Read the […]
Court denies condos’ request to throw out PWS Environmental lawsuit (FL)
A Florida federal court denied a request by a group of condominium associations to dismiss an $800,000 lawsuit filed by a pressure washing company. Judge John E. Steele of the U.S. District Court for the Middle District of Florida ruled the condo associations did not produce enough evidence that PWS Environmental Inc. did not state […]
It’s Now Easier to Preserve HOA Restrictions… for Some (FL)
Last year, I wrote an article warning homeowners’ associations (“HOAs”) that the enforceability of their covenants and restrictions (“Covenants”) may be affected by the Marketable Record Title Act (“MRTA”). In simple terms, MRTA can eliminate the effectiveness of recorded Covenants if they haven’t been preserved within 30 years from when the covenants and restrictions were […]
Lessons from Hurricane Irma (FL)
With the 2018 hurricane season already upon us, and the National Hurricane Center predicting a near or above normal year, we can look back at the lessons learned from Hurricane Irma to ensure we are prepared this season. Read the article……………..
A Fight Over Flooring at a Broward Tower Clarifies Condo Association Rights (FL)
When the board of directors at Fort Lauderdale’s Regency Tower Association changed the flooring in of the condominium lobby from Carrara marble to ceramic tile in 2016, they set in motion a court battle with unit owner Ronald Lenzi. He objected, claiming unit owners were required to vote to approve the renovation work. It all […]
Who “Declares” What Alterations Are Made? (FL)
Can a Board of Directors vote on material alterations to a condominium building without a member vote? You may be surprised by the answer. Section 718.113(2)(a), Florida Statutes, contains a well-known restriction on “material alterations” to the common elements of a condominium building, which provides as follows: Except as otherwise provided in this section, there […]
Is a First Mortgagee’s “Safe Harbor” Obligations Expanded? (FL)
Generally speaking, as a result of sections 720.3085 and 718.116, Florida Statutes, lenders who acquire property as a result of their own foreclosure of their first mortgage against their borrower only owe the association the lesser of 12 months back assessments or 1% of the initial mortgage, whichever is less. This is referred to as […]
Your Guide to the Most Impactful 2018 Legislative Amendments to the Florida Statutes
Each year the Florida Legislature proposes and votes on bills for amending the Florida Statutes. Bills that pass both the Florida House and Senate go before the Governor who decides which bills become law. In the 2018 legislative session, approximately 150 fewer bills were proposed, and 40 fewer bills ultimately passed, than in 2017. Nevertheless, […]
Case Law Update: Golf Course Restrictive Covenant Upheld (FL)
Owners of unprofitable golf courses are increasingly wanting to redevelop their golf courses as residential property, especially in areas where land for residential development is at a premium. Some golf courses are subject to recorded covenants that require the property to be used for recreational purposes and therefore prohibit such redevelopment. In Victorville West Limited […]