Did your association pay for damage from Hurricane Irma with operating funds? Did you consider a special assessment? What if I told you that half of your owners would be reimbursed up to $2,000 by their insurance company for the amount of the special assessment attributable to hurricane damage. Would that change your mind? Many […]
Has Time Already Run Out on Your Association’s Covenants and Restrictions? How to revive your HOA Covenants under Florida Law
If the Covenants and Restrictions for your Homeowners’ Association were recorded in the public records more than 30 years ago, they may no longer be enforceable against some or all of the properties within your community. Unenforceable covenants create a myriad of problems, including an inability to collect association assessments and an inability to enforce […]
New Statutory Requirements for Condominium Websites (FL)
Action alert! By legislative enact last year, all non-timeshare condominium association with 150 or more units must have an independent, password-protected website or web portal accessible to association members by July 1, 2018. The website must be wholly owned and operated by the association, or a website or web portal operated by a third-party provided […]
Material Supplier Construction Lien Rights: Lien Releases (FL)
One of a construction material supplier’s biggest concerns is making sure they will get paid. There are a few things a supplier can do to ensure they get paid on a construction project. One of the most important steps a supplier should take is preserve its lien rights under Florida’s Construction Lien Law, Section 713.001-.37, […]
Get in Line: Association Assessment Lien Priority (FL)
At issue in today’s column is a subject we recently addressed regarding whether an association must record its assessment lien in the public records of the County in which the community is located in order for it to be effective and whether such lien relates back to the initial date of recording of the declaration. […]
Associations Must Strictly Comply With Notice Requirements to Impose Fines, Liens (FL)
For homeowners and condominium associations, enforcing their rules can be extremely challenging. Many communities are forced to contend with unit owners who are unruly and disruptive, and associations must be able to effectively bring their rights to bear in order to maintain uniform compliance. However, Florida’s laws governing the administration of community associations are very […]
How to protect the look of your neighborhood (FL)
So one of your neighbors from Indiana likes John Cougar Mellencamp’s song “little pink houses” and the next thing you know they painted their house pink. Another neighbor puts on a new asphalt roof after the hurricane when all the other roofs in the neighborhood are barrel tile to save a few thousand dollars. Can […]
FHA Clarifies Position on Lending Guidelines and Leasing Restrictions
Many condominium associations have restrictions limiting an owner’s ability to lease their property. These provisions are intended to preserve property values and protect unit owner quality of life. However, such restrictions may limit financing options for prospective purchasers. Recently the U.S. Department of Housing and Urban Development (“HUD”) clarified whether certain leasing restrictions within a […]
Discharge of Condominium and Homeowners’ Assessments in Bankruptcy (FL)
Since the early 1990s, the federal courts have struggled with whether, and to what degree, a debtor in bankruptcy who receives a discharge is free from liability for post-petition condominium and homeowners’ association assessments. The issue is important to condominium associations and homeowner’s associations, as well as debtors in bankruptcy. Because the association’s assessment lien […]
Emotional Support Animals Leave Many Condo Associations Howling
Over the last five years, one of the most significant areas of concern for Florida condominium associations, especially those with no-pet policies, has been the rise in requests by occupants for associations to provide “reasonable accommodations” in their rules and regulations by permitting an emotional support animal (ESA). Read the article…………..
Must the Association’s Law Firm’s Invoices Be Made Available to its Members Upon Written Request? (FL)
An association member wants to review the association’s lawyer’s bills sent to the association over the past year. As a result, the member submits a written request to access those records. But, is the member actually entitled to see them? Pursuant to the relevant sections of Chapter 718, Chapter 719, and Chapter 720 of the […]
Distressed Condominium Act: Mitigating the Legislative Risks (FL)
The Distressed Condominium Relief Act (“DCRA”) is currently set to expire on July 1, 2018. More specifically, effective July 1, 2018, acquirers of distressed condominium units will no longer be eligible for the “bulk buyer” or “bulk assignee” classifications. Here’s a quick refresher on why this is significant. The DCRA was introduced in 2010 in […]
Delay Causes Loss for HOA in Lawsuit Over House Color (FL)
The approval of the colors which homeowners may use to paint the exterior of their homes is one of the most common architectural review stipulations that homeowners’ associations use to maintain aesthetic standards for their communities. Many HOAs require the prior review and approval of proposed house colors by architectural review committees, which are typically […]
Condominium Development: Condominium Prospectus Requirements in Florida
Florida’s condominium market has gained strength in the past five years; traditional sales are up, and prices are rising. In Northeast Florida, Condominiums and Townhomes spent an average of 11 fewer days on the market than single-family detached homes. As the condo market heats up and real estate developers consider the feasibility of development projects, […]
What Are KPIs? Should Your Association Use Them?
There’s a lot to be said for taking measurements – without them, the world exists in a fuzzy haze of probabilities. While KPIs, or “key performance indicators” aren’t crystal balls, when properly implemented, they help companies and community associations bring a little clarity to their future. Read the article…………………..
Fiduciary Duties: Directors & Officers Owe Them, But Does the Association Owe Them Too?
It is the time of year when community associations across the state are electing members to serve on their board of directors. When considering whether or not you would like to put your name in the hat as a candidate for a director seat, you should consider the responsibilities you will have to take on […]
What rules can homeowners associations (HOAs) have? (FL)
If you buy a home that comes with an HOA, you have to agree to pay the HOA fees when you buy. You also have to agree to the rules of that association. The upside is that you get community amenities, services and the knowledge that your neighbors will also follow the rules. Read the […]
Mediation may help solve homeowner’s association disputes (FL)
Living in a neighborhood that’s governed by a homeowner’s association is often a positive experience until there’s a dispute. Getting a dispute settled can take some work from both sides, but it’s imperative that you try to do this quickly since the situation dragging on can make things even more complicated. Read the article…………………………….
Resolving a dispute with your condominium association (FL)
If you live in a housing community, you know that sometimes residents and the condominium board don’t see eye to eye. Whatever the dispute, when dealing with any homeowners’ association it’s important to keep these tips in mind: Read the article…………………………………….
Many condos want to install more storm protection after Irma. What are the options? (FL)
Now that Irma has come and gone and most of the dry out and cleanup has occurred, we are getting many questions from condominium association directors and officers asking how can they button up their windows, doors and sliders in the future to better avoid damage next time a hurricane may come our way. Under […]
The Statute of Limitations in Collecting a Debt (FL)
All states have a limitations period which restricts the time period that you can file suit to collect a debt. Some statute of limitations periods are as short as one year and some up to 20 years. In Florida, generally, the limitations period to sue to collect an unpaid obligation is five years for a […]
Eleventh Circuit Enforces “Eight Corners” Rule And Affirms Denial Of Insurer’s Request For Trial On Veracity Of Factual Allegations In Underlying Complaint
The U.S. Eleventh Circuit Court of Appeals, applying Florida law, recently affirmed that an insurer was obligated to defend its insured and not entitled to a jury trial on the veracity of certain factual allegations in the underlying complaint which gave rise to the insurer’s duty to defend. Addison Ins. Co. v. 4000 Island Blvd. […]
When your HOA forces you to leave you garage door open all day: Lessons for smart association governance
A seemingly whimsical story out of California offers Florida community association boards a valuable lesson in being vigilant in enforcing the covenants of the association’s declaration and making thoughtful, considered decisions. According to the headlines, which play up the absurd angle of the story, an association in Auburn California passed a rule requiring its residents […]
Tis the Season – for Elections! Do you remember what to do? (FL)
The majority of Condo and HOA elections occur between December and March every year. Experienced Boards and Managers consider the condo process “straightforward and simple,” because it is very well defined in the statutes and not typically impacted by the Condominiums Governing Documents. However, if you are a new Board Member or Manager (or an […]
Florida Appeals Decision Clarifies Property Tax Liability on Condos With Land Leases
In a recent Florida appellate decision, titled Beach Club Towers Homeowners Association v. Chris Jones, Property Appraiser for Escambia County, Florida, 2017 WL 4526773, (Fla. 1st DCA 2017), the First District Court of Appeals reviewed an ad valorum property tax dispute between a condominium association and the property appraiser of Escambia County. Read the article……………….
Navigating Safe Harbors and HOAs in Florida
The Florida Fourth District Court of Appeals (Fourth DCA) recently affirmed the extension of safe harbor protection provided to homeowner’s associations under §720.3085(2)(c), Florida Statute, to a nonmortgagee/non-mortgage holder. The statute addresses property assessments imposed by Florida homeowners’ associations. Under the pertinent provisions of this statute, if the associations’ governing documents allow for assessments, a […]
Appeals Court Hands Down a Win for Florida HOA (FL)
Victorville West Limited Partnership (“Victorville”) purchased the Inverrary Golf Course and Clubhouse within the Inverrary community in Lauderhill, Florida, in 2006. Victorville acquired the property subject to a restrictive covenant that became the subject of a lawsuit that the Fourth DCA recently ruled could not be canceled because it remained a substantial benefit to the […]
No Lien Required for Condominium Association to Collect Surplus Tax Deed Sale Proceeds (FL)
Condominium associations’ rights to collection unpaid assessments received a boost from the Fourth District Court of Appeals. In Calendar v. Stonebridge Gardens Section III Cd’m Ass’n, Inc., Case No. 4d 16-3393 (Fla. 4th DCA, December 13, 2017), the Applet Court tackled the issue of whether a claim of lien or judgment needs to first be […]
Chapter 558 Ruled a ‘Suit’ Under Standard Commercial General Liability Insurance Policies (FL)
On Dec. 14, 2017, in Altman Contractors v. Crum & Forster Specialty Insurance, No. SC15-1420 (Dec. 14, 2017), the Florida Supreme Court held that the pre-suit notice of claim process under Chapter 558 of the Florida Statutes is a “suit” as defined by standard Commercial General Liability Insurance Policies, and thus, could require insurance companies […]
The Assessment Liability Of A Subsequent Owner After A Lender Foreclosure – It May Not Be What You Think! (FL)
For those not yet introduced to the phrase “statutory safe harbor,” in the context of community associations, it limits the past due assessment liability of a first mortgagee, along with its successor or assignee of the mortgage to who acquires a condominium unit or a HOA parcel as a result of foreclosure of its first […]
Fourth DCA Invalidates HOA’s Fine for Failing to Provide Proper Notice (FL)
The authority to levy fines is a widely used tool by community associations for rules enforcement. However, if the process is not strictly followed, it can result invalidation of the fine and potential exposure to liability for expensive legal fees. The procedure for fining a homeowner is mandated by Florida statutes (Fl. Stat. 718.303(3) for […]
Can Community Associations Ban Smoking in Common Elements, Limited Common Elements and Units? (FL)
Smoking is not as popular as it used to be. It’s now perceived as more of a nuisance than it is hip. Due to health issues and medical concerns, many private establishments enforce rules against smoking. In fact, state law prohibits smoking in many public places. This has led board members and managers to wonder […]
When A Declared Condominium Appurtenance To Unit Ownership Is Not So Connected After All – A Study In The Misapplication Of Section 718.110(4), Florida Statutes
Ownership of a condominium unit, includes “appurtenances”, meaning rights which are attached to the unit and pass with the unit upon its sale. A plain English definition of the term means “connected to”. Typical examples of an appurtenance include common elements to which one or more unit owners have an exclusive use right such as […]
New Condominium Director and Officer Conflict Of Interest Laws Create Quite A Conflict Themselves (FL)
During this past session of the Florida legislature, new laws in regard to condominium association director and officer conflict of interest became effective July 1, 2017. These new laws are set out sections 718.302 and 718.112(2)(p), Florida Statutes, and when read together create quite a conflict themselves. As you soon discover there is a significant […]
Florida’s Economic Loss Rule in Construction Litigation
The importance of the economic loss rule in construction law cannot be understated. If a construction project goes south, the economic loss rule allows construction law attorneys to identify which parties to the project can bring what types claims against which other parties. This blog post discusses Florida’s economic loss rule in the construction litigation […]
Court Rules No Mulligans for Golf Course Investors (FL)
The struggles of the golf industry in the past decade are well chronicled, particularly in Florida where a large number of courses, built as amenities for or in conjunction with surrounding residential communities, has been negatively impacted by the economic downturn, playing habits, and perhaps an over saturation of the market. Couple those external factors […]
FEMA Hold On, They Aren’t Going for the Home
For community associations, when an owner goes into foreclosure, the best-case scenario is that the bank or mortgagee moves the property swiftly through the foreclosure process, and a new owner then takes possession and begins paying the assessments as they come due. In the absolute best cases, the foreclosure process will take around a year; […]
Are E-Mails Considered Official Records for Florida’s Community Associations?
Florida’s community associations, including condominiums and homeowners associations, are required to keep and maintain its official records. See Fla. Stat. § 718.111(12); Fla. Stat. § 720.303(4). Upon request, those official records are to be made available to all members at reasonable times. Id. The Florida Condominium Act and HOA Act contain a long list of […]
Enforceability of Board Adopted Rules Regulating Leases in Condominiums (FL)
Many community associations in the State of Florida are looking for ways to combat the growing number of rentals in their communities. About a year ago, the Second District Court of Appeals issued an opinion in Le Scampi Condominium Association, Inc. v. Hall, Case No. 2D15-3208 (Fla. 2d DCA 2016), which could help community associations […]
Quick Tips for Association Board Members: The Four B’s of Writing Minutes for Board Meetings
The minutes of any meeting of the Board of Directors for a Condominium Association or a Homeowners’ Association are public records per Florida law. The minutes are required to be kept for 7 years. Fla. Stat. 718.111(12); Fla. Stat. 720.303(4). The minutes are the most requested and most useful of all of an Association’s records. […]
Paying for Emergency Repairs to Florida Condominiums
Florida is synonymous with condominium living as a way of life. It’s also synonymous with hurricanes. Hurricanes have largely shaped Florida’s construction industry in that the building code is shaped and modeled after the construction of structure that can withstand the storms. The building code creates certain high wind zones near the coastline that carry […]
Community Associations Fighting Back Against ‘Zombie’ Homes (FL)
Zombies are fictional undead beings created from the reanimation of a human corpse popular in movies and on television. Unfortunately, many community associations are now finding themselves dealing with “zombie” homes. A zombie home is created by a lender which begins but does not complete a foreclosure combined with an owner walking away from the […]
And Your Association Thought Foreclosure Was Bad? The Consequences of Tax Sales & Tax Deeds For Community Associations (FL)
It is a scenario familiar to every association: an owner falls behind on his or her assessments and doesn’t get current, and the association initiates the lien recordation and foreclosure process. However, before the association can foreclose its lien and move the property to foreclosure sale, the mortgagee of the property files suit to foreclose […]
FEMA Publishes Guidance for Handling Flood Losses
In September, the Federal Emergency Management Agency (FEMA) announced Hurricane Harvey and Irma claim handling process for buildings insured under the Standard Flood Insurance Policy (SFIP), specifically recognizing that catastrophic flooding from those storms demands “fast and accurate payments to all National Flood Insurance Program (NFIP) policyholders. Read the article……………….
Florida Takes First Step in Curbing Frivolous ADA Lawsuits by Allowing ADA Qualified Expert Reporting
The Americans with Disabilities Act (“ADA”) was enacted by Congress in 1990 to protect individuals with disabilities from discrimination in access to employment, governmental services and programs, public accommodations, transportation, and telecommunications. As stated in the law, the ADA is “an Act to establish a clear and comprehensive prohibition of discrimination on the basis of […]
Project Management: What Every Board Member And Manager Needs To Know
Your association is gearing up for a large project. Maybe it’s time to re-do the clubhouse or plan for that $2M dollar concrete restoration project that was put off for far too long. Other large scale projects can include painting, concrete restoration, interior restoration, deck/paver repair or replacement, and foundation repairs, and so much more. […]
Should HOA’s Receive FEMA Funds?
With recent storms ravaging homes across the nation, many homeowners are taking a closer look at the laws and regulations put in place to help rebuild after a natural disaster. For most concerned homeowners, one of the main questions is whether or not the Federal Emergency Management Agency (“FEMA”) will offer assistance to community association […]
We’ve Got a Problem: Statute of Limitations on Long-Term Notes (FL)
A Florida Supreme Court justice Thursday issued a nearly five-page opinion to point out “the latest symptom of a more serious problem”—a misunderstanding over when the clock starts in foreclosure litigation with multiple defaults and suits. The confusion centers on whether the date of each missed payment carries any legal significance when calculating lenders’ deadline […]
Hurricane Shutters and Hurricane Protection Policies: Does your Condominium have what it needs? (FL)
With the recent threat from Hurricane Irma, many condominium associations were faced with emergency requests from unit owners for the association to install or for the association to allow owners to install hurricane shutters or other forms of hurricane protection. Read the article………………