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 […]
Do You Have Your Hurricane/Disaster Plan Ready? (FL)
Every community is different in the specifics of your Hurricane/Disaster Plan, but one thing is certain, if you are in Florida, you will need one at some point. Your plan will most certainly differ from community to community, but there are some things that all communities should think to put in it. Read the article………………………..
New Law is a Benefit to Condos and Requires a Boost to Security (FL)
Florida condominiums always had the obligation to provide for the safety of its owners, residents and guests when it came to preventing crime in the community. The condominium association was negligent if it knew or should have known about prior crimes in the community or surrounding areas, and failed to take reasonable safety measures to […]
Considerations on Criminal Background Checks & Tenancy Restrictions (FL)
Numerous condominiums and homeowner associations have Governing Documents, or rules and regulations that regulate leasing, including restriction to whom owners may rent. Many associations base their decisions on the results of a criminal background check or on a potential renter’s disclosure of criminal history on a rental application. Read the article………………………..
Golf Carts, Low-Speed Vehicles, and Public Roads, Oh My! (FL)
Recent years have seen more and more drivers adopting golf carts and low-speed vehicles as alternative modes of transportation in and around, and even outside, their communities. No longer relegated to the greens, sand traps, and clubhouses within a community, Florida has adopted several laws to regulate these vehicles when it comes to public streets […]
Update: Condo/Co-Op/HOA Meeting Agendas & Notice Requirements
Florida laws governing community associations require notice of meetings to encourage owner participation. Here is a helpful guide summarizing the notice requirements under statute; however, this guide is not intended to be all inclusive and is only for general reference. Read the article………………………..
Surviving the Storm: A Journey Through Hurricane Ian and Beyond (FL)
What would you do if you found yourself in the eye of a devastating hurricane? This week, our guest and Becker Shareholder, Joseph E. Adams, sits down with Donna DiMaggio Berger and relives this very question when he rode out Hurricane Ian in his home on Fort Myers Beach. In this gripping episode, Joe shares […]
Guns in the Clubhouse: What Can a Community Association Do? (FL)
The right of the people to carry and bear arms without governmental infringement is a right which stems from both the United States Constitution and the Constitution of the State of Florida. The State of Florida recently adopted new gun legislation, effective July 1, 2023, which allows the everyday citizen to carry a concealed weapon […]
Questions Answere: Updated – Updated Condo Legislation (FL)
There is no shortage of information on the recent changes to Condominium Legislation, or the FR/BAR Rider related to Condominiums that was just updated in March. However, we recently discussed the upcoming changes in our blog post here. Since then, Senate Bill 154 has been introduced. Read the article………………………..
An HOA Member’s Bill of Rights – HB919 (FL)
Sometimes HOAs are simply forgotten about when it comes to new laws. There’s usually a hands off approach by The Florida Legislature. Not this year. This year a new act was created called the “Homeowners’ Associations Bill of Rights.” Florida Statute.303. Read the article………………………..
Westchase Government Primer: HOA vs. CDD (FL)
Westchase falls under the jurisdiction of federal, state and county governments. In addition, the community is governed by two entities: the Westchase Community Development District (CDD) and the Westchase Community Association (WCA). A number of Westchase neighborhoods also lie within sub-homeowners’ associations. Read the article………………………..
GOVERNOR SIGNS GLITCH BILL SB 154
Governor DeSantis signed the much anticipated Surfside Glitch Bill, SB 154, into law earlier today. This lengthy law will be the subject of future Becker webinars and classes as well as be featured in our 2023 Legislative Guidebook along with more than a dozen other bills that passed this Session which may impact your community. Read […]
Florida’s SB 154 Attempts to Provide Additional Clarity on Condo Safety Law
Earlier today (June 9, 2023), Governor DeSantis signed into law Senate Bill 154 (SB 154). Seen by many in the industry as a “glitch bill,” SB 154 is a legislative measure aimed at addressing and resolving certain issues that emerged from the previous legislative session’s SB 4D. Read the article………………………..
2023 Legislature Responds with Condominium “Glitch Bill”
On June 9, 2023, Governor DeSantis signed Senate Bill 154 (“SB 154”) into law. This was the highly anticipated “glitch bill” to address technical issues with Senate Bill 4-D (“SB 4-D”) – last year’s controversial legislation in response to the collapse of Champlain Towers South. Read the article………………………..
Another New Law: HB437 (FL)
I can’t tell you how may fights I have been involved in regarding flags other than the U.S. flag flying above someone’s home and the fact that someone put down fake grass or stored a boat, that nobody can see, in their backyard. Well, here’s a new statute that solves both of those problems: Read […]
Florida’s SB 154 Attempts to Provide Additional Clarity on Condo Safety Law
Earlier today (June 9, 2023), Governor DeSantis signed into law Senate Bill 154 (SB 154). Seen by many in the industry as a “glitch bill,” SB 154 is a legislative measure aimed at addressing and resolving certain issues that emerged from the previous legislative session’s SB 4D. Read the article………………………..
Layers of the Florida Condo Legislation
The Champlain Towers South disaster in Surfside, Florida, in June 2021, was just that. A disaster. In one of the worst building collapses in U.S. history, 98 residents lost their lives in the middle of the night in a building they thought of as their secure home. The facets of this story are deep and […]
Florida Appellate Court Rules in HOA Case
Florida’s Second District Court of Appeal recently reversed an order which granted the Villages of Bloomingdale Homeowners Association’s (the Association) motion to reform its declaration to encompass residential properties that were constructed and sold after the declaration was recorded and which properties were not originally encumbered by the declaration. Hogg v. Villages of Bloomingdale I […]
How To Compare Different CAM Schools To Find The Right One For You (FL)
In the vibrant and ever-expanding state of Florida, a prosperous career in community association management awaits those ready to embrace the challenge. As a Community Association Manager (CAM), you’ll play a pivotal role in managing small communities, overseeing their financial health, and ensuring smooth operations. Read the article………………………..
Common Contract Concerns for Community Associations
Most community associations in Florida operate with the assistance of outside vendors. As such, many community associations do not have in-house staff to pressure wash sidewalks or maintain the elevators. Communities often have a compilation of contracts with multiple vendors ranging from one-page estimates with no contractual provisions other than price, to lengthy contracts with […]
SB 154 – Part Four – New Laws (FL)
SB 154 – is a long bill. Here are the final new laws: 1. The association shall provide for the maintenance, repair, and replacement of the condominium property for which it bears responsibility pursuant to the declaration of condominium. Read the article………………………..
New law prohibits insurance companies from altering claim estimates (FL)
The start of hurricane season is here, but many Southwest Floridians are still fighting their insurance companies about their Hurricane Ian claims more than eight months later. The Insurer Accountability Act aims to bring more balance between the consumer and the insurance industry. Read the article………………………..
What Are Limited Common Elements and Who’s Responsible? (FL)
The Florida Condominium Act defines limited common elements as those common elements that are reserved for the use of a certain unit or group of units, as specified in the declaration of the condominium. This definition indicates that the limited common elements are a subset of the common elements. Read the article………………………..
Getting “Flag Ready” for the Fourth of July (FL)
Flags serve as a powerful symbol of a nation, its ideals, and its people, and their display is community associations is addressed under State law. Read the article………………………..
SB 154 – Part Three – New Laws (FL)
Again, in a budget adopted by an association that is required to obtain a structural integrity reserve study, reserves must be maintained for these items: Read the article………………………..
Florida Statutes Governing Condo Associations and HOAs
These Florida statutes and regulations are essentially guidelines outlining the proper legal conduct of HOA and condominium association boards, especially during meetings. These laws were put into effect to ensure transparency, accountability, and effective communication between property management companies and association members, and residents. Read the article………………………..
Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations
On March 24, 2023, and April 13, 2023, Governor Ron DeSantis signed House Bill 837 and Senate Bill 360 into law, respectively. These new legislative amendments change Florida’s litigation landscape by shortening the statute of limitations for general negligence claims and the statute of repose for construction claims and altering the potential triggering events for […]
Reserve and Inspection Laws Changed (FL)
Consisting of what I would categorize as relatively minor changes to the sweeping building inspection and reserve laws enacted in 2022, here is a look at Senate Bill 154, which will become law upon signature by the Governor: Read the article………………………..
SB 154 – Part Two – New Laws (FL)
Structural integrity reserve study.— A residential condominium must have a structural integrity reserve study completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height as determined by the Florida Building Code which includes, at a minimum, a study of the […]
Handling community association disputes (FL)
You might be one of many Florida residents who live in a townhome, condominium or other community governed by a Homeowners Association. You probably already know that there are benefits as well as downsides to such arrangements. Numerous issues can spark HOA problems, which often involve more than one community resident. Read the article………………………..
Update: Condo/Co-Op/HOA Meeting Agendas & Notice Requirements (FL)
Florida laws governing community associations require notice of meetings to encourage owner participation. Here is a helpful guide summarizing the notice requirements under statute; however, this guide is not intended to be all inclusive and is only for general reference. Read the article………………………..
How Long Does A Foreclosure Take In Florida?
Foreclosure is a legal process aimed at recovering the outstanding loan balance by selling the property used as collateral. This process can be a particularly challenging experience for homeowners in Florida especially those who are unfamiliar with how foreclosure works. The length of a foreclosure procedure can depend on the complexity of the case and […]
SB 154 – Part One — New Laws (FL)
Over the next few weeks, we will be blogging about the new laws The Florida Legislature passed, as they relate to Florida Condominiums and HOAs. Today, let’s start with the bill that was supposed to clear up all the glitches in the prior bill regarding milestone inspections and reserve studies. Read the article………………………..
Condocide: Death of a Building Type (FL)
I open my iPhone one morning and read “Partial Building Collapse Near Miami.” Immediately, there’s a pit in my stomach. Sometime after midnight, sporadic tremors vibrating through a 12-story structure groaned, popped, then coalesced into a massive implosion. Half a residential block fell in seconds. The scene resembles a missile strike: Read the article………………………..
Board Brief: Insurance Coverage for Your Condo or Community Association
As a board member, you understand the importance of protecting your property and maintaining its value. One critical component of this protection is insurance coverage. Condo and community association insurance is designed to cover claims or losses that can impact your community, from property damage and liability claims to natural disasters and other unexpected events. […]
Requiring Workers’ Compensation (FL)
It is surprising to hear from so many community association board members and managers looking to protect their community association that, when asked if they require all vendors to have workers’ compensation insurance as a required term in all of their contracts, it can be like looking at a deer in the headlights. Read the […]
The New Laws: Developers Are Protected Yet Again (FL)
When a community gets turned over from developer control to unit owner control, the unit owners typically hire experts to determine whether or not the developer has breached their warranty by turning over the property with construction defects. This year, on April 13, Gov. Ron DeSantis signed Senate Bill No. 360 into law wherein the […]
New Law Puts Communities at Risk: How to Protect Your HOA or Condo (FL)
Governor DeSantis recently signed Senate Bill 360 into law. This law’s stated purpose is to curtail frivolous construction defect lawsuits by significantly reducing the amount of time parties have to bring such lawsuits. Watch the webinar………………………..
Florida Senate Passes Bill Addressing Concerns Over Last Year’s Condo-Safety Reforms
Florida condominium associations and those who provide them with expert guidance have experienced some confusion and questions over aspects of last year’s condo-safety reforms, and the state Senate has responded with the passage of key amendments to address some of these concerns. While a companion bill remains before the House, Senate Bill 154, which was […]
The Worst Storm Is the Storm You Didn’t Prepare For (FL)
With hurricane season quickly approaching, it is important that you prepare for the worst (and hope for the best)! Hurricane season is June 1 through November 30. This article will provide tips to help prepare your 2023 hurricane preparedness guide, as well as provide actions that you can take before a hurricane makes landfall. The […]
New Law Limits Premises Liability Related to Criminal Activity (FL)
A new law, which became effective on March 24, 2023, is intended to limit the liability of the owner or principal operator of a multifamily residential property for criminal acts that occur on the premises which are committed by third parties who are neither employees nor agents of the owner or operator. Read the article………………………..
Understanding the New Timeframes for Collections (FL)
Associations frequently ask the question: “When should a delinquent owner be turned over for collections?” To fully answer to this question, the association must understand the relatively new statutory requirements that must be fulfilled before an account is turned over to legal counsel for collections, as well as understanding the increased timeframes an owner is […]
Florida Further Restricts Community Association’s Ability to Bring Design and Construction Defect Lawsuits
Several laws have been passed during Florida’s recent legislative session, and one in particular will have a significant impact for community associations. On April 13, 2023, Florida Governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law. This new law shortens the time period for bringing lawsuits based on design and construction defect claims […]