Florida Statutes allow the Condominium unit owners to use the common elements for the purposes for which the common elements were intended as long as their “use does not hinder or encroach upon the lawful rights of other unit owners.” The statute also permits the Board of Directors to create and adopt reasonable rules pertaining […]
New Laws Regarding Emotional Support Animals (FL)
Nothing evokes more of an “emotional” response than the issue of emotional support animals in a no-pet community. While this is not a new issue, and has been discussed many times in this forum and others, Florida laws affect how a community handles a request for a reasonable accommodation to its governing documents, rules and […]
Community Associations Should Take Proactive Approach to Maintaining Communications Channels with Non-Resident Owners (FL)
South Florida’s robust housing market attracts buyers from across the globe. Many of the area’s priciest and most luxurious enclaves are filled with part-time residents who use their properties as investments and vacation homes. Read the article………………………..
Boca Condo Offers Case Study in Pitfalls of Prolonged Litigation for Associations, Owners (FL)
This latest of several articles by the newspaper on Boca View’s litigation chronicles how unit owner Eleanor Lepselter is now asking the court to find the association in contempt and impose fines of $500 a day until it complies. It states that deadlines set by two court rulings for the association to produce the records […]
Reviving Previously Unenforced Restrictions (FL)
While trying to enforce restrictions and rules in your community, have you run across evidence, or worse, been brought to your attention by current residents or a pending lawsuit, that your current or previous boards were arbitrarily or inconsistently been enforcing certain rules and restrictions? Read the article………………………..
Bill Would Change Hurricane Requirements for Florida Condos
A bill recently introduced to the Florida Senate would revise the requirements for installing and maintaining hurricane protection material, including hurricane shutters, impact glass and code-compliant windows or doors, in residential and mixed-use condominiums. Read the article………………………..
It May Be Time to Review Your Management Contract (FL)
Last week I blogged about the possibility of Board members walking off with your association bank accounts. Bank accounts that are about to explode with mandatory reserves and huge construction contracts that are on the way. Today, let’s talk about what you need to know about your management company. Read the article………………………..
Tips for a Successful Condominium or Homeowner’s Association Turnover (FL)
Several things that can be done by the Association prior to and immediately after turnover for the benefit of the community. This information will benefit not only any forensic engineering firm in performing a Property Condition Assessment Report, but the community operations as a whole. Read the article………………………..
A Year After the Surfside Collapse, Florida’s Condo Safety Act Impacts Housing Affordability
In the aftermath of this tragic event, Florida’s aging condominiums have come under scrutiny. Nearly 600,000 of the state’s 1.5 million condominiums are over 40 years old. Read the article………………………..
Fire Extinguisher Inspections
Portable fire extinguishers are often times our first line of defense against small fires and chances are you aren’t too far from one right now. Like any lifesaving equipment you want to ensure that it is operable at all times so it will work when you need it most. Read the article………………………..
Your Guide to Florida’s New Disaster Relief Programs
As homeowners across the Sunshine State recover from hurricanes Ian and Nicole, CAI is committed to providing members with accurate, up-to-date information on new programs designed to help homeowners. Read the article………………………..
Does the Florida Legislature Want You to Remain Dumb?
For those of you who are intelligent and decided to come to a Board Certification class in the last few months and learn all about the new safety and reserve laws, I applaud you. It was my honor meeting you and teaching you all over the state. Read the article………………………..
Can Your Association Restrict A Vegetable Garden? (FL)
A December 2022 article in FCAP magazine addressed the confusion of whether an HOA/POA can restrict or ban yard vegetable gardens in their communities. §604.71 of the Florida Statutes states that no county, municipality, or other political subdivision in Florida can regulate vegetable gardens on residential properties. Read the article………………………..
How to Choose the Best Condo Association Insurance for Your Community (FL)
Condo insurance can be one of the most important yet confusing aspects of managing your Tampa-based condo association. It can be time-consuming and frustrating to ensure all your association’s needs are met, and a policy is chosen that both provides sufficient coverage and remains within budget. Read the article………………………..
Timesavers at Annual/Election Meetings (FL)
In condominiums and cooperatives, general proxies are used for establishment of a quorum and limited proxies are used to vote on a particular matter – amendments, waive reserves or financial reporting requirements, etc. It is only in homeowners associations when proxies may also be used for elections. Read the article………………………..
Hotel Condominiums – An Endangered Species (FL)
Hotel condominiums are created by combining hotel facilities and condominium units into a single project. They can exist as standalone buildings or part of larger vertical subdivisions. Either way, the hotel rooms are sold as individual condominium units and form the condominium component, and everything else (common elements in a traditional condominium) forms the hotel […]
Condominium Assessment Liens are Technical and Cumbersome (FL)
A condominium association is responsible for managing, maintaining and repairing the common elements. Common elements generally include the building structure, roof, parking, pool and in some cases much more. Funds to carry out the association’s duties are provided by assessments on unit owners. Read the article………………………..
Bayfront Miami condo tower embroiled in legal battle over major assessment
A bayfront Miami condominium in need of repairs is in a legal fight pitting unit owners against the condo association. The 27-story, 235-unit Palm Bay Yacht Club made headlines last week over a proposed $46 million special assessment to fund repairs required for the property’s 40-year recertification. A group of 10 unit owners filed a […]
Florida Legislature Makes Another Run at Revising the Statute of Repose for Construction Defects
In late December 2022, the Florida Legislature proposed changes to the Florida Statute of Repose for Construction Defects to clarify a statute with ambiguous language. The statute is used to determine how long a party has to file a claim for construction defects after a structure or improvement has been completed. Read the article………………………..
Architectural Committees Formal Procedures, Published Standards, and Self Help (FL)
There are strict legal requirements that a homeowners’ association’s (HOA) architectural review committee (ARC) must follow, most especially if the ARC intends to deny an owner’s request. Read the article………………………..
Stop the Crowd From Blaming the Board (FL)
It’s a smart move by boards to have their counsel tell all the owners about all of these expenses that are coming, AND THAT THEY ARE MANDATED BY LAW AND ARE IN NO WAY SHAPE OR FORM CAUSED BY OR ARE THE FAULT OF THE BOARD OF DIRECTORS: To remind everyone, here’s what’s coming: Read […]
Architectural Committees Formal Procedures, Published Standards, and Self Help (FL)
There are strict legal requirements that a homeowners’ association’s (HOA) architectural review committee (ARC) must follow, most especially if the ARC intends to deny an owner’s request. As this author has witnessed countless times, it is likely that many ARCs do not conduct their activities in conformity with Florida law such that an ARC denial […]
Condo & HOA railing restoration, all you need to know (FL)
The maze of CODE COMPLIANCE with regard to replacing guardrails and handrails during a condominium or HOA building restoration project is a complicated one. In Florida, there is a building code for new construction, but not one for building restoration. With the event of the city of Sunrise condominium Champlain Towers collapsing, and the resulting […]
Can a Developer Retain the Right to Veto a Declaration Amendment After Turnover of the Association? (FL)
Surprisingly, the answer is yes. In the recent case of First Equitable Realty III, Ltd. vs. Grandview Palace Condominium Association, Inc., 329 So. 3d 167 (Fla. 3rd DCA October 6, 2021) before the Third District Court of Appeals, the Court held valid and enforceable a developer-recorded amendment to the condominium declaration, which granted the developer […]
Take It to the Board: Combatting Growing Hate Crimes Inside Community Associations (FL)
Donna DiMaggio Berger sits down with Sarah Emmons, the Florida Regional Director of the Anti-Defamation League (ADL), to discuss recent incidents of hate symbols being placed inside community associations, how antisemitism takes root and what can be done to combat it. Listen to the podcast………………………..
Florida HOA Communities Installing New License Plate Reader Cameras (FL)
For HOAs and even some condominium communities, especially those facing security and safety issues and concerns, deploying such cameras at key entrance/exit points with the accompanying signs alerting drivers of the monitoring could represent an effective prevention and investigative tool. Read the article………………………..
Reviving Unenforced Restrictions (FL)
The previous boards failed to enforce the provisions of the Declaration, bylaws, and/or rules and regulations of the community and now whenever the manager tells someone that they are in violation, the response is that the Association allowed this to occur for many years without enforcement. All is not lost. Read the article………………………..
Building Inspections: Structural and Insurance
I remember a day not too long ago when every property was inspected before an insurance policy was issued, and annual inspections were mandatory. I’m sure that everyone remembers when insurance companies stop requiring those inspections. Funny how a classic can return into vogue. Today insurance companies are hiring property inspectors daily. Read the article………………………..
Can an Insurance Broker Be Liable if a Loss Is Not Covered by Insurance?
What happens when, due to a negligent error by the insurance broker, a business suffers property damage that is either not covered, or not fully covered, by what the insured thought was an insurance policy they purchased through the broker to cover the risk? Can the insured look to its insurance broker to cover the […]
Florida Professional Service LLC Personal Liability Protections: Perks and Pitfalls
Managers and members who provide professional services in Florida often choose to organize their businesses into Limited Liability Companies (“LLCs”) because LLCs generally provide freedom from personal liability for the obligations of the LLC. This blog post discusses exceptions to the general prohibition on holding LLC members or managers personally liable for the LLC’s obligations […]
Appellate Ruling Shows Potential Pitfalls of Fining, Enforcement Missteps by Community Associations (FL)
A recent ruling by Florida’s Second District Court of Appeal demonstrates the potential legal liabilities and costs for associations that fail to meet the mandated prerequisites for the imposition of fines as well as suspensions from community amenities or board seats. Read the article………………………..
How Community Associations Can Respond to Residents with Mental Illness and Violent Encounters Between Neighbors (FL)
Whether it’s a combination of holiday stress, rising inflation or spiraling housing-related expenses, tensions within community associations are escalating. Mental health concerns were compounded during the pandemic due to a variety of factors but despite restrictions being long-since lifted, verbal disputes, threats of violence and fatal encounters between neighbors continue to make headlines. Read the […]
New Legislation Needed for Required Maintenance Affecting Condominium Building Structural Integrity and Safety (FL)
As to the title of this article, anyone familiar with Senate Bill 4-D and the newly required milestone inspection reports and structural integrity reserve studies primarily applicable to condominium and cooperative buildings three stories and higher knows that material alterations, special assessments, and the authority to borrow funds are not mentioned in the legislation. So […]
How Will Florida Condo Safety Law Impact Housing?
In May of last year, the Florida legislature passed and Governor Ron DiSantis signed, Senate Bill 4D, An Act Relating to Building Safety to address issues related to the collapse. However well intentioned, local Home Owners Associations and building managers are just now beginning to grapple with the massive implications of the new law. Read […]
Can the Board Enforce Restrictions that the Previous Board Failed to Enforce? (FL)
The short answer is yes. But not so fast. The correct procedures must be followed. The Board needs to put owners on notice that from this point onward, the restriction that was previously unenforced will now be actively and evenly enforced. This is done through a Board resolution adopted at a duly noticed Board meeting. […]
Community Association Quorum Issues (FL)
In the final article on our series on the basics of community association meetings, we address common questions involving quorum – that is the minimum number of constituents (directors for a Board meeting or Members for a Members meeting) that must be present in order for the meeting to occur. Read the article………………………..
4 Important Line Items to Include in Your HOA’s Annual Budget
HOA budget planning will be a constant for any members on the board. While it can seem daunting at first, once you gain experience with creating and managing budgets, you will find there will always be elements that remain constant. Read the article………………………..
Make Sure You Do These 4 Things at Your Condo Association Annual Meeting
Florida Condominium rules and regulations are subject to the Florida Condominium Act. It is important to understand what is needed for condo association annual meetings as regulations make the occurrences of these meetings mandatory and clearly outline how to conduct them. Read the article………………………..
Qualifications for Being a Condo Association Board Member
If you live in a condominium association, you may see signs encouraging residents to run for a board member position. Being on a condo association’s board is incredibly important, as you are part of a group elected and responsible for the property, business of the condo, and ensuring bylaws are followed and community members are […]
Tips for an Effective Virtual Annual Meeting
Annual meetings are a requirement for all HOAs as outlined by the Homeowner’s Association Act. These meetings should give residents enough notice to attend (at least 14 days before the meeting), and will cover important information like budget updates, amendments to current governing documents, and new board member elections. Read the article………………………..
Boards have to watch their Officers – Florida Condo President arrested 3 times for hiding cameras in homes
What a way to wake up on Christmas morning. Happy holidays to all. Robert Orr, president of the Las Brisas Condominium Association in Florida was arrested for the third time for installing hidden surveillance cameras in owners homes. I can understand the first time, but three times. Here is the article. Mr. Orr ought to […]
Can Florida Condo Insurance Exclude Water Damage?
From accidents to severe weather, condo insurance often covers many perils, including certain types of water damage. But homeowners might wonder, “Can Florida condo insurance exclude water damage?” In some cases, yes. Read the Q&A……………………………….
Senate Bill 4-D Glitches That Must Be Addressed
Despite the Florida legislature’s best efforts, there nevertheless remains confusion with the interpretation of Senate Bill 4-D (SB 4-D), which provides for condominium and cooperative milestone inspections and structural integrity reserve studies. The purpose of this article is to draw attention to many of these glitches in hopes that the 2023 Florida legislature will address […]
Florida Appellate Court Enforces Rules on Mediated Settlement Agreements
In November, the Second DCA refused to enforce a mediated settlement agreement that, although signed by the attorneys for both parties to the agreement, was not signed by either of their clients—Parkland Condo. Ass’n v. Henderson, ___ So. 3d ___, 2022 WL 16954010 (Fla. 2d DCA Nov. 16, 2022). Read the article………………………..
The Difference between Bylaws vs. Operating Agreements (FL)
Discover how these documents compare and how they influence internal operations and external interactions. Read the article………………………..
Florida Condominium Laws Require Insurance or Fidelity Bond to Reimburse Stolen Association Funds
Recent articles in the Miami Herald and Insurance Journal reported on massive fraud from a Condominium Association by its officers, board members, and leaders. The Miami-Dade State Attorney’s Office said it had charged five current and former association board members with racketeering violations, grand theft, money laundering, and fabricating evidence. In addition, two vendors were […]
Excuses, Excuses, Excuses (FL)
I have heard lots of excuses over the years about so many different things. Here’s a few that simply don’t work: My assessments should be less — I don’t use the elevator Read the article………………………..
How A Luxury Miami Condo Complex Climate-Proofed Their Foundation (And Accidentally Became A Social Media Focal Point In South Beach)
“It’s essentially a cruise ship we maintain daily,” says Rishi Idnani, referring to The Continuum, a luxury condo complex on Miami Beach where he is Managing Director. The two-tower, 13-acre beachfront property recently underwent a massive infrastructure improvement 20 years after the building was completed, with a focus on keeping one step ahead of the […]
Why Can’t We…
Unit owners often move from private homes and do not understand that the condominium form of ownership in Florida is somewhat unique. In many instances some individual liberties must be curtailed for the good of the community as a whole. Read the article………………………..
HOAs Suing as Representative of Owners are Bound by Arbitration Provisions in Owner Sale Agreements and Deeds (FL)
Earlier this year, we published an article titled Covenants to Arbitrate Construction Defect Disputes Within a Deed Run With the Land Obligating Subsequent Parcel Owners wherein the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound subsequent owners. The same principle applies to homeowners’ associations suing as representative […]