What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members? Read the article…………………………………….
Noteworthy Changes Under New “Homeowners’ Association Bill of Rights” Law (FL)
Florida’s new “Homeowners’ Association Bill of Rights” (HB 919) law presents important changes for HOA communities and their boards of directors. The law, which only applies to HOAs and goes into effect on Sunday, Oct. 1, focuses on transparency and accountability, with provisions addressing kickbacks, conflicts of interest and fraudulent voting activities. Read the article…………………………….
Miami-Dade County’s Condominium Special Assessment Program: Requirements & Eligibility (FL)
Miami-Dade County is known for its stunning beaches and coveted coastal condominium communities. However, with the charm of these residences comes the responsibility of maintaining their structural integrity. After legislators passed rigid condominium safety reforms, many Floridians have been left wondering how they’ll be able to afford the special assessments coming their way. For Miami-Dade […]
Best Practices for Community Associations Responding to Disability Accommodations Requests
The federal Fair Housing Act bars community associations from refusing reasonable accommodations to their rules or policies requested by disabled owners to enable them to enjoy the full use of their residences. Requests for accommodations that represent fundamental changes to associations’ existing policies, or those that infringe upon the rights and privileges of other owners, […]
Florida’s Homeowners’ Association Act: Recent Changes Effective October 1, 2023
In Florida, homeowners’ associations (“HOA”) are governed by Florida Statute Chapter 720. That chapter is known as the “Homeowner’s Association Act” (the “Act”). The Act governs issues ranging from member assessments to arbitration to conducting meetings. The Act is constantly evolving, and HOA board members, HOA property owners, and HOA property managers should review the […]
Navigating the Complex World of HOA Architectural Control (FL)
What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members? Read the article……………………………..
SB 154 New Reserve Requirements and Exceptions For Condominium Associations (FL)
The new law, SB 154, passed in 2023, the following language was enacted, “In a budget adopted by an association that is required to obtain a structural integrity reserve study, reserves must be maintained for the items identified in paragraph (g) for which the association is responsible pursuant to the declaration of condominium, and the […]
Backyard Storage Woes: Does the New Backyard Storage Statute Apply to Your Homeowners Association? (FL)
While there has been a lot of buzz about changes made in the 2023 Florida Legislative Session to laws affecting our Association clients, one potentially important change has been largely overlooked. The seemingly innocuous flag bill – House Bill (HB) 437 — creates the new Florida Statute 720.3045 prohibiting homeowners’ associations from regulating certain backyard […]
What You Need to Know About Florida New (2023) Senate Bill 154: Structural Integrity Reserves (SIRS) Studies
Florida Senate Bill 154 has been signed into law and brings significant changes to Structural Integrity Reserves (SIRS) studies, a crucial element in ensuring the safety and long-term maintenance of condominium buildings across the state. These updates address various aspects, from who can perform the inspections to what needs to be included in the reserve […]
Navigating the topsy turvy process for major condo association restoration projects (FL)
On June 9, 2023, Gov. Ron DeSantis signed into law Senate Bill 154 (SB 154), which seeks to address select issues from the Florida Condominium Act, SB 4D. All of these measures are intended to mitigate and prevent potentially devastating incidents, including building collapses. Condominium safety laws center around inspection requirements, mandatory reserves and more […]
Who Owns a Development’s Common Areas? (FL)
HOAs have common areas as do condo associations, and the answer to “Who owns them?” varies under Fla. law and even from association to association. Read the article………………………..
Watch the Webinar: The Do’s and Don’ts of Handling Insurance Claims (FL)
We recently held an educational webinar with Steve Mason from Altieri Insurance Consultants to discuss the do’s and don’ts of handling insurance claims. Watch the webinar…………………………..
Fiduciary Duty: What it Means to Your Community Association (FL)
What duty does a community association board member owe to their association? What happens if that duty is breached? During the 2023 legislative session, legislation was proposed that would have made directors criminally liable for failure to timely respond to official record requests, among other provisions. Read the article………………………..
Where Is the Money Coming From? (FL)
With all the new laws, especially for buildings three stories in height or higher, along with reserve funding requirements, condominium living has just gotten a lot more expensive. With only one steady source of income, namely the assessments paid on a monthly or quarterly basis from unit owners, sometimes those funds are just not enough […]
Kings Point tornado victims still hampered by insurance ‘nightmare’ year later (FL)
Victims of a tornado that hit the Kings Point senior community near Delray Beach last year are still picking up the pieces. “We were the unfortunate few that got hit the hardest,” condo owner Richard Martin said. Read the article………………………..
It’s Time To Create Safe Pathways In Condo Associations For Electric Golf Carts
Electric golf carts are not permitted in my 1200-unit condo complex in Florida. Partially, it’s because the roadways are too narrow — the Gulf Oil developers in the 1970s never envisioned that their oceanfront investors getaway would evolve into an owner-managed association. Read the article………………………..
Can Anything Be Done About Solar Panels? (FL)
If you are living in a homeowners association you probably know that the Association cannot prohibit the installation of solar panels (or “solar collectors”). But what about a request to install such devices on the roof of a condominium? Read the article………………………..
Heatwaves and Housing: How Multifamily Buildings Can Prepare and Protect Residents (FL)
Heat events are no longer isolated occurrences; they’re becoming a norm. For multi-residential building association boards and management teams, this poses unique challenges and liabilities. Read the article………………………..
Who Owns The Common Areas In Your Building Or Community? (FL)
Trick question. The answer depends on whether you live in a Condominium Association or a Homeowners Association. In Florida, these 2 types of residential Owners Associations function and are regulated in very different ways. Read the article………………………..
Keeping Your HOA’s Covenants Alive (FL)
The Marketable Record Title Act’s (MRTA) purpose is to extinguish old interests and use restrictions on lands and to allow for land sales to be completed more easily and with less expense. Unfortunately, aged homeowners’ association covenants are amongst the interests that can be extinguished by MRTA, and preventing such extinguishment is a very important […]
Board Members Better Be Careful (FL)
Board members I’m telling you now……..be careful. I’m seeing it already. Unit owners are starting to freak out over the passage of huge assessments to cover the costs of mandatory inspections, mandatory repairs and massive increases in insurance rates. Read the article………………………..
2023 Legislative Update (FL)
The following portions of the original law have been modified and now only relate to residential condominiums (including mixed use), that are three (3) stories or higher per FL Building Commission: Read the article………………………..
Florida Statute, 720.3045, Installation, Display and Storage of Items
Numerous homeowner associations have declarations, covenants, conditions, and restrictions for the storage items on their property, regardless of where the items are stored and whether such items are visible to third parties. Such storage items may include boats, trailers, sheds, construction equipment, and junk. Read the article………………………..
HOA dispute turns into major legal battle (FL)
There are many benefits associated with living in a community with a governing body. This group oversees the maintenance of common areas and protects the property values of residents. However, there are times when an HOA can overstep its bounds or take steps that result in a conflict with residents. Recently, a dispute between a […]
Make Sure Your Docs Don’t Cost You Money – Pt. 2 (FL)
Last week was a primer on how foreclosures generally work and how banks get off the hook when they get back a unit when they foreclose on an owner’s unit or home. We learned that the banks are protected by the law because they only owe a few bucks to the association when they get […]
Pride and Prejudiced – When to Report Insurance Claims
A condominium association in Florida is required by law to “use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the condominium property, which must be insured by the association pursuant to this subsection.” §718.111(11), F.S. While condominium associations are required to use […]
EV Chargers Are Coming to Your Community – Are you Ready? (FL)
An individual owner files an application to the association for an EV Charger in a designated parking space. Did you know by law, that if the Board does not respond in 60 days the application is deemed approved and owner can proceed with an installation for their exclusive use? Listen to the audio………………………..
Breed-Specific Dog Bans (FL)
In 1989, in the wake of a series of serious injuries caused by pit bulls, most notably the mauling of a 7-year-old girl and her mother, Miami-Dade County adopted an ordinance making it illegal for residents to own or keep an American Pit Bull, American Staffordshire Terrier, Staffordshire Bull Terrier, or any other dog whose […]
Florida Lifts Pit Bull Ban – A New Era for Pet Owners
On October 1, 2023, a groundbreaking legislative decision will take effect, ending the ban on pit bulls and other prohibitions in Florida that restrict dogs based upon breed, weight or size. With this new development, many community associations that previously relied on local ordinances to restrict ownership of specific dog breeds such as pit bulls […]
Association Emergency Powers (FL)
Florida Statutes provide boards with broad emergency powers in response to damage, injury or public contagion caused by or anticipated in connection with an emergency for which “a state of emergency” is declared. The Governor of the State of Florida must have declared a “state of emergency” in order for an association to utilize the […]
Maintaining Community Standards: The Importance of Deed Restriction Compliance (FL)
Maintaining community standards and preserving property values are vital aspects of creating a harmonious living environment. Deed restriction enforcement plays a crucial role in achieving these objectives, ensuring that community associations adhere to the community’s established guidelines. Read the article………………………..
“Homeowners’ Associations Bill of Rights” Law Takes Effect October 1, 2023 (FL)
On June 12, 2023, Governor DeSantis signed into law House Bill 919 (2023), the “Homeowners’ Associations Bill of Rights,” which amends Chapter 720, Florida Statutes, in several meaningful ways, including: Read the article………………………..
2023 Legislative Review Part 4 (FL)
This week we conclude our review of relevant legislation from the 2023 Legislative Session. Previously we reviewed the bills that directly impact community associations through amendments to the community association’s statutes, including Chapter 718, the Florida Condominium Act and Chapter 720, the Florida Homeowners’ Association Act. This week we review legislative changes to other statutory […]
New Condo Law Makes It Clear That Condo Must Make the Repair (FL)
I get so many calls and e-mails each week about whether the condominium or the unit owner is responsible to fix something that’s broken. Florida Statute 718.113 was recently amended and here’s what it says: Read the article………………………..
The Cheshire Cat and Insurance Carriers
Insurance carriers are like the Cheshire Cat. They lure customers with catchy advertisements, and then issue policies filled with complex and confusing terms. After major losses, they arrive on the scene, then suddenly disappear, citing one or more policy exclusions in complex terms, a la the Cheshire Cat. Read the article………………………..
How Being Kind Can Lead to Success
Disputes and disagreements between board members, residents, community managers, staff members, and business partners are an inevitable part of living in a community association. While generating an atmosphere of kindness and respect might seem easier said than done, it can make for a more collaborative and positive environment for all. Being nice can really pay […]
Florida Legislature Amends Condominium and Cooperative Safety Statutes Adopted After Champlain Towers South Collapse
On June 9, 2023, Governor DeSantis signed into law Senate Bill 154, which substantially modifies statutory safety and reserve requirements previously enacted in response to the collapse of the Champlain Towers South condominium. Existing statutory requirements were discussed in a prior blog post. Senate Bill 154 took effect immediately and makes the following primary changes […]
2023 Legislative Review Part 3 (FL)
This week we continue our review of the legislative changes concerning community associations. In our last column, we were reviewing the changes to Chapter 720, Florida Statutes in HB 919, the Homeowners’ Association Bill of Rights. In this column, we will finish our review of HB 919 and review HB 437 concerning the display of […]
The Insurance Crisis is at a Dangerous Point (FL)
While condo owners are now dealing with mandatory inspections, mandatory repairs and mandatory reserve accounts, both condo and HOA owners are facing the joint monumental problem of staggering increases in property insurance and the lack of choice among insurance companies. Our sponsor Greg Waltz sent me an article recently that is simply mind blowing and […]
Special Assessments Unveiled: What Homeowners Need to Know (FL)
The mere mention of special assessments can keep new and veteran agents up at night. All too frequently, there is a misconception about what they are and, more importantly, how to address them. With the recent passage of laws further regulating condominiums and condominium associations still contracting for repairs from Hurricane Ian last year, it […]
Resolutions and Amendments
You’ve all heard the terms Resolution and Amendment, but do you understand the differences between the two? These are two terms we hear often and refer to how boards make their decisions regarding their community. Read the article………………………..
Florida Governor Signs SB 250 into Law
On June 28, 2023, the Florida Governor Ron DeSantis signed into law Senate Bill 250 (see Chapter 2023-304, Laws of Florida), which makes various amendments throughout the Florida Statutes regarding the preparation and response activities of state and local governments when natural emergencies impact the state. Supporters of Senate Bill 250 (the “Bill”) believe the […]
Homeowner and Condominium Owners Associations: 10 Frequently Asked Questions (FL)
Understanding the laws that govern homeowners and condominium owners associations is crucial for both board members and owners. These laws encompass various aspects of COA and HOA activities, such as board meetings, association fees and the multitude of responsibilities that HOAs and COAs must fulfill. Read the article………………………..
2023 Legislative Review Continued (FL)
In continuing with our overview of the legislative changes from the 2023 legislative session which impact community associations, this week’s column will review HB 919, titled as the “Homeowners’ Association Bill of Rights.” HB 919 was approved by the Governor on June 12, 2023, and becomes effective on October 1, 2023. Read the article………………………..
Application of New Section 768.0701, Florida Statutes, Regarding Multifamily Property Safety to Condominium Associations (FL)
Every year community associations watch for legislative changes to the general statutes that govern community associations, including Chapter 718, Florida Statutes, for Condominium Associations; Chapter 719, Florida Statutes, for Cooperative Associations; and Chapter 720, Florida Statutes, for Homeowners’ Associations. However, changes to other parts of the Florida Statutes can have important, substantive effects on community […]
What Does Senate Bill 360 Mean For Your Community Association? (FL)
Senate Bill 360 was signed into law on April 14, 2023. The Bill imposes various changes that will impact both homeowners and community associations. Attorney Barry Ansbacher discusses these changes in an article Read the article………………………..
2023 Legislation Reviewed (FL)
This week we will start our annual review of the legislative changes that impact community associations. On May 25, 2023, this column summarized SB 154, the “glitch bill” regarding structural inspections and reserves. SB 154 was signed by the Governing and is now effective. There are several other bills that will apply to community associations, […]
Condominium Association Failure to Maintain Common Elements-(part 2) (FL)
In South Florida, water and mold damage seem to be one of the most common complaints by Condominium Owners against their Associations. Most cases begin with water intrusion due to the Association’s failure to maintain the roof and the roof elements which can include the drainage system. Read the article………………………..
Best Practices for Hurricane Preparedness (FL)
It’s that time of year again. As the days get longer and the weather gets hotter, we know that hurricane season is fast approaching. Therefore, this is a good time to review some of the “best practices” to prepare for and protect the association in the event a hurricane comes our way. Read the article………………………..
Strict Compliance vs. Substantial Compliance – Not Knowing the Difference Can Cost You! (FL)
The Florida statues governing community associations often provide timeframes for notice to owners before the association can proceed with action, including passage of special assessments, adoption of fines and collections. While some statutory sections allow for “substantial compliance” with the statutory requirements, associations should be aware that the statutory timeframes require “strict compliance.” This means […]