The demand for housing across Florida has never been higher, and developers are building new homes at rapid rates. But some homeowners are concerned the quick builds are compromising quality, forcing ongoing repairs upon move-in. Read the article…………………………….
What are Florida’s new homeowners association laws? How to find your HOA’s rules
More than 75 million Americans live in subdivisions, condo buildings and other communities with homeowner associations (HOAs) that require them to pay monthly fees and follow a set of rules. And Floridians who live in places with homeowner associations now have laws protecting their right to know what their dues are paying for. Read the […]
Anatomy of a fall: Florida condo case to decide who to blame for dangerous balcony
On the second day of vacation with his wife and kids, David Casey was sipping a glass of pinot noir on the balcony of a rented condo in the Florida Panhandle, taking in the night view of the beach. As Casey leaned against the wooden railing on the third-floor unit in Seacrest, it suddenly gave […]
Legislature adds teeth to Florida’s community association fraud laws
In response to cases such as the alleged theft of more than $4 million at the Hammocks HOA in Kendall and the arrests of four of its former board members and one of their spouses, the Florida Legislature has passed two bills to strengthen criminal penalties for association fraud and malfeasance. The bills, which were […]
Neighborhood nuisances: Can noisy pickleball courts, duck-feeding residents be stopped? (FL)
Question: Is there a way to make a resident stop feeding ducks when their neighbors object? I live in a community of villas which are reasonably close together. There is one resident who insists on feeding ducks on a regular basis. This has brought a great deal of consternation to surrounding neighbors who find duck […]
Homeowners insurance carrier cutting Florida policies
Following recent major hurricanes like Ian and Nicole in 2022, and Idalia last year, Florida homeowners ought to prepare for increases of up to 23% this year, according to a new report by Insurify. Condo owners, for example, are bracing for the state to rule on a more than 50% rate hike request by Castle […]
“There’s something radically wrong here:” Are birds safe in Estero subdivision? (FL)
Frank Albergo loves living at Wildcat Run Golf & Country Club in Estero. So that’s why he says he called me, Estero’s Community Correspondent, when he noticed something happening in their back yards that made him nervous. Albergo said he and his neighbors were concerned for the health of the animals that live nearby. Read […]
HOA Q&A: Are we required to give notice of meetings to people who don’t live here all year? (FL)
Q: A large percentage of the owners in our condo building live out of town for at least part of the year. The board posts notices of all meetings on the bulletin board in one of the common area rooms of the building. Is the Board required to give these notices to the owners who […]
‘I would blow it all up’: Suspect arrested for threats to Palm Beach condo board (FL)
A man was arrested in Palm Beach on Wednesday after he allegedly threatened to blow up a residential building during a condo board meeting. According to the Palm Beach Police Department, Paul Cataldo was arrested shortly after an April 3 condo board meeting during which made statements about blowing up the building. He was booked […]
Floridians hit by Ian will pay more for flood insurance. What can Tampa Bay learn?
Less than two years ago, Hurricane Ian destroyed more than 5,000 structures in Lee County in Southwest Florida and caused major damage to 14,000 others. Now, from rebuilding efforts, more bad news has emerged: A federal agency says local officials weren’t following its rules, so more than 100,000 local homeowners will face spikes in flood […]
Bill to enhance condo safety measures post-surfside awaits governor’s signature (FL)
After the Champlain Towers South collapse killed 98 Surfside residents in 2021, the Legislature moved quickly to beef up structural inspections. Those reforms continued last month, when the Senate voted 40-0 to approve HB 1021, which now awaits Gov. Ron DeSantis’ signature. Read the article…………………………….
Legislature Adds Teeth to Florida’s Community Association Fraud Laws
The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. . . . Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to intentionally deface […]
Post-Champlain Reforms Will Hit Aging South Florida Condos Hard
Some South Florida condo owners are in deep trouble. Three years after the deadly collapse of the Champlain Towers South in Surfside, Fla., regulations meant to prevent another building disaster are coming into effect — and look set to cost condo owners, especially those living in aging buildings. Read the article…………………………….
Florida lawyer writes rules to win condo auctions for $100. Judges let him do it.
The auction of this Oakland Park condo is not normal by the standards of Florida foreclosure sales, but for attorney Brad Ira Schandler, the auctioneer that day, it’s straight from his playbook. As with nearly every foreclosure auction he’s involved in, he and his associates win. The victorious bidder this morning? Schandler’s sister, Nadine August. […]
Director Disqualifications Are Limited (FL)
Q: It recently came to light that one of our board members has an ongoing dispute with another unit owner, resulting in the unit owner taking out a restraining order against the board member. This is very concerning. Shouldn’t this result in the board member being removed from the board of directors of our association? […]
Court asked accelerate to unusual condo-vs-condo case in Key Biscayne (FL)
A Miami judge is being asked to put a quick end to a bizarre dispute in which two luxury Key Biscayne condominium associations are suing each other. The question? Who pays maintenance fees when an individual property owner falls behind on payments. A hearing in the year-long lawsuit has been set for April 23 before […]
Who pays the bill? Straub, Palm Beach Polo homeowners head to court over Big Blue Preserve (FL)
The 92.4-acre wetland, considered Florida’s largest remaining Cypress Hammock, has been the center of a decades-long legal dispute between Wellington and developer Glenn Straub. Now Straub is suing the property owner’s association of Palm Beach Polo Golf & Country Club over the same claims that the village filled against his company for years: failing to […]
Watershed ruling changes condo buyout landscape (FL)
Many condo terminations “just won’t work” following a recent appeals court ruling in Florida. The ones that we have reported on over the past year or so are all likely in some sort of limbo, or dead in the water, sources tell me. Condo buyouts, the precursor to developers terminating associations to eventually develop new […]
Former HOA president took course in property managing but should board have hired him? (FL)
Question: Our HOA board hired a resident of the community to be the HOA’s property manager. This individual was the HOA president (for several years) and resigned his board position to take the paid property manager position. He completed his certification immediately preceding taking the position. He had no previous property manager experience and services […]
“Wind Mit” inspections can reduce Florida home insurance premiums
Here in Florida, property insurance must go beyond a standard Homeowners policy. Because we experience hurricanes and tropical storms, windstorm and flood coverage are strongly recommended, and required when there is mortgage financing on your house or condominium. Over the past few years, Florida property owners have been hit with significantly increased premium costs and […]
Can HOAs Ban Politicking? (FL)
Question: With the upcoming elections, our association is considering banning politicking in our community. They want to stop everything from door knocks to lawn signs, all in an effort to “keep the peace.” While I understand that community harmony is important and this will be another controversial election, I don’t think they are allowed to […]
More than 80 condo buildings due for milestone inspections in Volusia County (FL)
In Volusia, county officials are preparing to implement and review milestone inspections for 86 buildings following a new state law. Senate Bill 4–D was created in response to the collapse of Champlain Towers South in Surfside, Florida in 2021. The bill established milestone inspections, which assess the structural integrity of aging condominiums. Milestone inspections are […]
What is SB 4-D and why might it make your older condo suddenly unaffordable? (FL)
If you own a Florida condo over three stories tall and over three decades old, you may be seeing some serious association fee hikes coming soon……According to the SB 4-D bill, the deadline for inspecting buildings 30 years old and older is Dec. 31, 2024. Read the article…………………………….
FIU interdisciplinary team supporting federal investigation into 2021 Surfside condo collapse
A team led by the federal government continues to investigate the 2021 partial collapse of Champlain Towers South, the 12-story beachfront condominium in Surfside, Florida, that resulted in 98 deaths and multiple injuries. Now an interdisciplinary FIU team will contribute to the search for answers into what caused the disaster, its ramifications and precautions that […]
Climate change is threatening South Florida condo owners. The state should help them.
Florida condominium owners are getting buffeted from every direction and it’s starting to hurt. Flooding, hurricanes, soaring insurance premiums, and now a new state law designed to protect residents physically but which could kill them financially, are intensifying into a powerful storm of consequences of past inaction. Read the article…………………………….
“Even more difficult.” Here’s how South Florida’s condo buyout landscape will shift following landmark ruling
The developer of the planned Edition Residences in Miami’s Edgewater is on unforeseen footing after a recent ruling that could cost it millions of dollars, and alter the landscape of future condo buyouts and terminations statewide. Two Roads, a Miami and West Palm Beach-based development firm led by Reid Boren and Taylor Collins, completed a […]
Miami Beach looks to hire a condo ombudsman (FL)
A call to find city funds to hire a condominium ombudsperson has been referred to Miami Beach’s Finance and Economic Resiliency Committee. “In order to properly implement the Condominium Assistance Charter Amendment,” the resolution that city commissioners referred says, “the city should create a position for a professional with relevant experience assisting condominium and/or co-op […]
What drove Jewfish Key residents to petition for de-annexation? (FL)
Off the coast of Longboat Key’s north end, Jewfish Key is home to about 38 acres and eight properties. The property owners question whether it makes sense to be a part of Longboat Key. On Jan. 16, the Jewfish Key Preservation Association, Inc. submitted a petition for de-annexation, or contraction, to the town of Longboat […]
Urgent fix needed for South Florida condo owners as climate threatens structures
Florida condominium owners are getting buffeted from every direction and it’s starting to hurt. Flooding, hurricanes, soaring insurance premiums, and now a new state law designed to protect residents physically but which could kill them financially, are intensifying into a powerful storm of consequences of past inaction. Read the article…………………………….
Condo owner fears ‘best efforts’ language in law allows HOAs to scrimp on insurance protection (FL)
Question: I am troubled by your recent advice concerning condominium association insurance requirements. Your response stated that “the Condominium Act, at Section 718.111(11), provides that the association must secure ‘adequate’ property insurance, which insurance must be based on the replacement cost of the property …” Read the Q&A………………………………..
Bill requiring Florida HOAs to provide residents with its rules unanimously passed
The state House and Senate have each unanimously approved a House Bill 1203 related to Homeowners’ Associations in Florida. The legislation would require HOAs in the state to give each resident its rules and covenants and force them to let each person know of any updates to those documents. Read the article…………………………….
EV charging in FL condos – can an Association prohibit owners from installing EV charging outlets in their assigned parking spaces?
EV charging in Florida condo buildings and communities is much more involved than having a charging outlet installed in the garage of your Single-Family Home. Today we are doing an overview of Florida Condominium Owners Associations (COAs) allowing unit owners to install a dedicated charging outlet at their individual parking spaces, and/or the Association installing […]
Former Seminole County HOA manager accused of stealing $437K from HOA
Tammi Morrison, a former President of the Ashford Park Homeowners Association, was arrested by the Seminole County Sheriff’s Office after investigators say she stole $437,000 from the community association when her business managed the neighborhood. Read the article…………………………….
Longtime Carrollwood Village HOA president reflects on legacy to community
“The job of the president of the homeowner’s association is to lead the board and get a decision made on a topic or an issue or opportunity — the object is to get the discussion going and they make the decision. “All you can do is identify the opportunities and options, get to a consensus […]
From Now On…….HOA Directors Are On the Radar as Well (FL)
There’s no question that 2024 will be remembered as the year that both HOA and Condominium law were jolted. This week, let’s discuss how HOA directors can wind up behind bars. Read the article…………………………….
Can condo board limit who can play on its pickleball courts? Resident fed up with crowd (FL)
Question: I live in a condominium, and there is an issue regarding the use of our pickleball courts. Some of the owners are allowing residents of other nearby communities to regularly join them in using the courts. Due to the limited number of courts, the use of the courts by outside guests is preventing unit […]
Crews respond to fire at Palm Harbor condo complex (FL)
Multiple units responded to a fire in the Cobbs Landing neighborhood of Palm Harbor Saturday afternoon. A three-story condo complex, located at 3311 Haviland Court, sustained heavy damage, according to Palm Harbor Fire Rescue (PHFR). Read the article…………………………….
A perfect storm is coming to South Florida as maintenance fees threaten condo owners
A financial cliff may await Florida condo owners at the end of the year, as new regulations may cause association maintenance fees to skyrocket. Condo owners can take matters into their own hands to avert being shoved off the edge — but the window of opportunity is rapidly closing. Read the article…………………………….
Florida condo listings soar as sales sink amid high insurance rates, HOA fees
Florida condo owners are stuck in a rut as prices drop and mounting insurance rates and condo fees are scaring away buyers. It’s led to more condos sitting on the market for longer than single-family homes according to realtors in the Bay Area. Read the article…………………………….
‘It’s paradise lost’: Florida’s condo market is floundering
Shipman, like many Floridians, watched helplessly as the average cost of homeowners insurance across the state ballooned by about 40% in 2023 alone, with homeowners association (HOA) fees snowballing due to new condo regulations. “I felt like Florida was such a paradise,” says Shipman. “Sometimes with the rising costs and everything, I feel like it’s […]
Miami’s Villaggio Condo Residents Demand Tighter Security After Bold Daylight Mail Theft (FL)
Thieves have once again targeted the Villaggio in the Grove condominiums, striking in broad daylight and pillaging residents’ mail, according to surveillance footage from the Miami neighborhood. As 7News reports, on Wednesday, a masked man bypassed a supposedly secure call system entrance and proceeded to pry open multiple mailboxes before absconding with a bounty of […]
Sugarmill Woods man takes on the HOA machine
Disputes between residents and their homeowners associations (HOA) are commonplace and some can get downright nasty. But the HOA that Jerry Carr belonged to – the Sugarmill Woods’ Cypress Village Property Owners Association – raised nastiness to another level entirely and led to a precedent-setting state intervention. In fact, a state agency threw out the […]
Coconut Creek Leaders Consider Changes to Reduce Financial Strains on Homeowners Associations Due to Tree Rules (FL)
Coconut Creek homeowners association leaders recently came to the city asking for help. Tree replacement in Coco Lakes is estimated to cost $200,000. And there were more. They were looking for assistance to replace dying trees and resolve other tree issues in their communities. Those costs have fallen on homeowners through HOA assessments because of […]
Florida HOA Fees Jumping Higher In 2024
On top of the high cost of property insurance, condo and homeowners are complaining about their local HOA fees increasing by hundreds of dollars each year, if not monthly. “It’s no longer the big metro areas in the state seeing higher homeowner fees, it’s also hitting the smaller rural counties as well,” Read the article…………………………….
Video captures crook breaking into mailboxes inside Coconut Grove condo (FL)
Police are searching for two crooks who broke into community mailboxes in Miami’s Coconut Grove neighborhood; surveillance video captured the criminals in action. It happened around noon on Wednesday at the Villagio in the Grove condominium building, at 2740 SW 28th Terrace. Read the article…………………………….
NE Miami-Dade condo community deemed unsafe after failing 50-year recertification (FL)
Residents at a northeast Miami-Dade condo community are concerned after the county’s Unsafe Structures Unit declared the buildings “unsafe” for failing its 50-year recertification. Vanessa Ortiz, a single mother of two, says she is moving out of the Jade Winds community because the conditions are too much for her to handle. Read the article…………………………….
Fraud charges at Kendall condo association illustrate need for effective safeguards (FL)
Alleged thefts at community associations during the last couple of years in Miami-Dade, Southwest Florida and other parts of the state have shined a spotlight on fraud in condominium associations and HOAs. New laws to add teeth to the criminal and civil penalties for association fraud were unanimously approved by both chambers of the Florida […]
Candidates May Vote For Themselves (FL)
Q: My condominium association has a five-member board of directors. At our upcoming annual meeting, there will not need to be an election as there are three open seats and three candidates. However, the question has arisen as to how to conduct the organizational meeting to be held following the annual meeting where the board […]