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Community tries to go green with LED streetlamps, but FPL makes it tough (FL)

It seems like a no-brainer: Save money, use less energy, get brighter lights to improve safety and help the environment all at the same time. That’s what a homeowners association near Boynton Beach wants to do by switching its inefficient old

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Foundation commissions needs assessment of greater Sun City Center (FL)

“One of the major reasons for this study is to be sure we are using money left by donors in the most impactful way,” said Marlene Spalten, foundation president and CEO. “We hear hunger is an issue in the area

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2016 (FL) Legislative Session Ends With No Major Community Association Bills Passing

The 2016 Legislative Session ended last Friday, with no major community association legislation passing. Although a number of condominium and HOA related amendments were filed during the last week of session to HB 1187 and SB 1050, Relating to the

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House bill could damage Florida’s real estate recovery

It was John Kenneth Galbraith who once said, “Nothing is so admirable in politics as a short memory.” It appears as though our Legislature is suffering from a mild case of amnesia when it comes to the recovery of the

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Collection Options For Community Associations Limited By Court Ruling: The Role Of Lis Pendens In Exclusive Court Jurisdiction

In the recent case of Jallali v. Knightsbridge Village Homeowners Association, Inc., 2016 WL 320601 (Fla. 4th DCA Jan. 27, 2016), Florida’s Fourth District Court of Appeal held that when where a bank files a lis pendens against a property,

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Reverse Mortgages and Unpaid Assessments in Florida Condominiums

Question: I serve on the board of my condominium association and one of the issues we have been hearing a lot about recently are “reverse mortgages.” Are there any specific concerns a condominium association should have with owners taking out

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Condominium Fire Sprinkler Retrofitting in Florida

In 2003, the Florida Legislature enacted 718.112(2)(l) as a statutory scheme to require the retrofitting of fire sprinklers for residential condominiums. The statute first began specified that the condominium association may not vote to forego such retrofitting with a fire

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Florida Condominium and Homeowner Association: Know Your Governing Documents and Florida Law

Condominium associations and homeowner associations (HOA) are abundant in Florida. These types of associations are typically governed by declarations/covenants and restrictions, as well as bylaws and articles of incorporation (collectively referred to in this post as the governing documents). These

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Lake Worth (FL) seniors raise a stink over trash collection dispute

“Seniors in Lake Worth have rights,” Jerri Greene, president of the park’s homeowners association, said. ” It’s more than about business. It’s about people. There’s no reason we should be treated like trash.”  Read the article…………

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HOAs not getting equal rights: Department helps condo associations, not HOA residents

A News 6 investigation has found HOA and condo association residents may be facing the same issues of alleged mismanagement but only condo association members are getting state assistance to hold board officers accountable.    Read the article……….

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Celebration (FL) residents held responsible for roof repairs

Residents in the community of Celebration have been living under blue tarps because of leaking roofs and mold they have been living with for years.    Watch the report………….

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Tampa (FL) condos consider drone ban

Two Tampa condo towers are trying to ban people from using drones on their property.  The devices can capture incredible video, but management at Skypoint and Element in downtown Tampa also call them a privacy risk. And that only scratches

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Preparing for Turnover – What a Developer Should be Mindful Of (FL)

With all of the new construction of condominiums and single family homes, developers should be mindful that the end of the project cycle and turnover of the homeowners or condominium association is just as important as the beginning of the

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Nuisance in Florida Condominium Associations

What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance? Condominium associations in Florida deal with nuisances on a regular basis, from sight, smell and sounds. The biggest problem

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Appellate Ruling Illustrates Importance of Proper Service of Process and Procedural Steps in Foreclosure Cases (FL)

Associations have been counseled for the last several years to move quickly to foreclose on units in cases of prolonged lender foreclosures so that they could utilize these residences to reap rental income while the bank cases languish.    Read

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Condominiums And HOAs In A Growing Tech World: Drones (FL)

There is a growing sense of concern among community associations regarding the legal ramifications as the popularity and availability of drones rises. This begs the question of whether there are limitations condominiums and HOAs can impose on the ability of

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Drone Regulation in Florida Community Associations – Part Two

QUESTION: The drone has a camera on it, and we are feeling like our privacy is being invaded. What can we do? ANSWER: Florida drone regulation law does address the use of a drone camera in any area in which

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Is Your Condo Following the Proper Reserve Protocol?

The start of a new year represents a slew of new beginnings for most community associations. From holding annual elections to the preparation of annual budgets, the first quarter of the year marks a pivotal time for many associations. With

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Hills POA sues Jackson County (FL) for $9.2 million

The POA is seeking $9.2 million in relief, excluding attorney’s fees. The suit alleges breach of contract, unjust enrichment, breach of trust, breach of fiduciary duty and unfair practices and seeks certain accounting disclosures and injunctive relief in the matter.

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Association limits campaign signs in common areas

Q: I am a candidate for the board of my condominium association. I made some campaign posters which I posted in the community center to announce my candidacy and to introduce myself to the owners. The association told me that

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Florida Lenders Not Required to Compete with Homeowner Associations to Foreclose Where Lender’s Lis Pendens is Recorded First

It is not uncommon for a homeowner association (“HOA”) to file a separate claim of lien foreclosure action against a resident even though the bank’s mortgage foreclosure action remains pending. Therefore, a homeowner can potentially face two foreclosure actions against

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Jury awards Panama City Beach (FL) condo association $12 million

A jury has awarded nearly $12 million in damages to the Shores of Panama Resort Community Association in a lawsuit against several former directors of the association.  Read the article……….

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Arbitration Ruling Illustrates Associations Cannot Impose Certain Rules, Prerequisites for Granting of Records Requests by Unit Owner

A recent arbitration ruling over a request to inspect the official records of a condominium association by a unit owner as prescribed under Florida law should serve as a reminder to all Florida community associations that they cannot impose rules

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Top county official accused of keying car in neighborhood spat (FL)

After a lifetime in law enforcement, Ron Cacciatore now finds himself on the other end of a criminal investigation, one with roots in the most mundane of South Florida scraps – a homeowner association dispute.   Read the article………….

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How the Save Calusa Trust Case and Proposed Legislation Impacts Florida Property Owners and HOAs

The Florida Marketable Record Title Act (“MRTA”) was enacted in 1963 to simplify conveyances of real property and provide greater certainty to landowners. Generally, MRTA provides that any person holding any recorded estate or interest in land for 30 years

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Condo Association Bylaws May be Path to Board Takeover (FL)

The acquisition of condominium units by investors, including bulk-buyer unit purchasers, has served a critical role in the recovery of the South Florida real estate market. These concerns acquired scores of units at condominium developments during the height of the

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No Regulation of HOAs by DBPR this Legislative Session in Florida

Yesterday, the Senate Regulated Industries Committee failed to approve SB 1122, Relating to Homeowners’ Associations. The bill would have required all homeowners’ associations to pay $2.00 per parcel for the purpose of authorizing the Department of Business and Professional Regulation

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Re-Recording Judgment Liens: The Importance of Timing

One of the most common misconceptions of non-lawyers regarding the practice of law is that a civil case ends upon conclusion of a trial and that, if a party is victorious at trial, he automatically obtains or is provided with

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Electronic Voting: Changes Made To Proposed Rules By The DBPR

In previous a blog, we discussed electronic voting and how it provides community associations with the opportunity to work in the digital space. Doing so makes the election process easier, less cumbersome, and easier to detect flaws. Since our last

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Association Lawyers Get New Florida Bar Certification

Condominium association lawyers are celebrating a newly created Florida Bar certification for specialists in condominium and planned development law.  With multifamily developments and related litigation on the rise, proponents say the new certification reflects the nuanced complexities of a niche

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Perfecting a Judgment Lien (FL)

A judgment obtained by a Florida court becomes a lien on the judgment debtor’s real property when it is properly recorded. The creditor’s primary interests in perfecting the judgment as a lien on a debtor’s property are two-fold:    Read

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Florida Homeowner Associations and Federal Income Tax Considerations

HOAs have two options for purposes of federal income taxation: (i) an election under Section 528 of the Internal Revenue Code (IRC) or (ii) taxation as an ordinary corporation. HOAs are like any other corporation, even if they’re not for

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New Florida Bill Seeks to Bring Regulations to HOAs that Have Previously Only Applied to Condo Associations

Community association attorneys are often asked about the lack of uniformity in the Florida laws and regulations for condominium associations and those for homeowners associations. There are many differences between the statutes governing condominium associations and those for HOAs, and

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Judge sides with Waterlefe MPOA (FL)

Judge John Lakin decided six households in The Shores, a private gated community within Waterlefe, owe the MPOA more than $111,000 in past-due assessments collectively, as well as reasonable attorney’s fees and costs.    Read the article………..

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Court gives go-ahead to airboat-noise lawsuit (FL)

A state appeals court Wednesday cleared the way for a Polk County homeowners’ association to pursue a lawsuit seeking to bar airboats from a lake because of noise.    Read the article………….

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Carbon monoxide poisons Orlando (FL) family, condo building

Six people were taken to a local hospital early this morning with carbon monoxide poisoning from a generator left on inside an under-construction condominium complex, police say.

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Community Association Life: Buck stops with board of directors

Q: Our association has become very political and appears to be at a stalemate due to fear and disagreement. The committees do not work well with the board and the board can’t agree on anything, including who should serve on

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Can Florida Condo & HOA Owners Organize Political Rallies On Community Property?

Question: I live in a condominium association with politically active residents. One of our unit owners has asked to host a political event at the association’s clubhouse. I fear this event could attract a large public audience and be a

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Litigating Construction Defects in Community Association Property: Part 1

The Board of a Condominium Association or Homeowners Association has many decisions to make when it discovers telltale signs of construction defects in common property. These latent construction defects can manifest themselves in a number of different ways, including but

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Pudlit Revisited: Caution is Recommended for All, Including Condominium Associations

As previously reported in Legal Morsels in June 2015, (at http://www.kbrlegal.com/appellate-court-ruling-on-claims-of-third-party-purchasers-at-lender-foreclosures-likely-harmful-to-homeowner-associations/) a recent decision of the Fourth District Court of Appeals entitled Pudlit 2 Joint Venture, LLP v. Westwood Gardens Homeowners Association, Inc., has made the collection of assessments a

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Failed Condo Project in Ft. Lauderdale Lands Donald Trump in Florida Appeals Court

While Donald Trump banks on his brand to boost him into the White House, a Florida appeals court will hear arguments Tuesday in lawsuits accusing the Republican presidential front runner of misrepresenting his role in a failed beachfront project in

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Florida Playground Safety Act – 2016 Proposed Legislation

Each year, children are injured or killed as a result of playground hazards, such as sharp edges, hot surfaces and surfacing, hard surfacing material, impacts from protrusions, poorly maintained equipment, or from head entrapments and entanglements. The United States Consumer

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Does Florida law require directors to be full-time residents?

Q: My condominium election is approaching and the ballot was recently circulated. Some of the candidates are not owners and other candidates are owners but only live here a few weeks out of the year. Doesn’t Florida law require directors

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Voting by secret ballots on condo upgrade not allowed

Q: Our condominium board has formed a committee to develop a proposal to remodel the lobby, mail room, elevator hallway and social room. We have two “twin” buildings with one governing association. This remodeling will include both buildings at a

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Community Association Institute (CAI) Joins Forces with the Community Advocacy Network (CAN) in the Fight Against Specially Taxing Homeowners – Vote No HB 203/SB 722

ORLANDO, FLORIDA (PRWEB) JANUARY 24, 2016 “CAI’s Florida Legislative Alliance has been advocating for strong public policy in Florida’s communities for decades and this partnership is part of our grassroots advocacy efforts to educate legislators on the negative implications HB

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Community Association Life: Security responsibility is complicated issue

Q: Our homeowners association appears to be safe, with little to no criminal activity. We have become aware of robberies and break-ins in neighboring communities. We do not have a perimeter wall and there are some large holes in the

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New Home Nightmares: First Coast News Investigates

Each year, tens of thousands of people buy new homes in Florida. Most do so with the belief that a new home will have fewer problems and headaches than an older one.  But a First Coast News investigation has found

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Lawsuit: Property manager embezzled $228,000 from condo association

A property manager at a 100-unit condo on Hollywood Beach embezzled $228,000 from unit owners during a two-year period, according to a lawsuit filed by residents.    View the news report………..

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Gated communities swiping driver licenses may be illegal (FL)

I thought I was the only person who didn’t want my driver license swiped at the entrance of some gated communities in Lee and Collier counties.  I have no idea what these people are doing with the information they are

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Environmentally friendly lawn? Not so fast (FL)

In a lawsuit advancing more slowly than grass grows, a new judge is pushing for a trial this summer over a neighborhood association’s complaint that landscaping meant by a resident to be environmentally friendly is not aesthetically appropriate.  Jeffrey and

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