Q: There has been confusion on my HOA board regarding when the association can record a lien against a delinquent owner. I thought we could lien after 45 days, but our manager says we must give a warning letter first. Is this correct? Read the Q&A……………………………….
Developer wants 300 houses on former golf course in Ormond Beach (FL)
City staff on the Site Plan Review Committee demanded a homeowners association be responsible for maintaining the 50-foot buffer behind homes. Mr. Merrell argued for individual homeowners to be responsible for the portion of the buffer behind their property, but city staff cited previous instances of people clear-cutting historic trees that should be preserved. Read […]
Parkland City Commission Agrees to Take Steps to Acquire Heron Bay Golf Course (FL)
The remaining 70 acres would be used for residential or commercial space. But, a covenant restriction on those 70 acres forbids any development, including residential or commercial, on that plot of land until 2028. This has resulted in a lawsuit from Citizens Against Golf Course Redevelopment, Inc. Read the article…………………………….
Surfside collapse leaves costly legacy for Florida condo owners
The specter of Champlain Towers South came in an email alert this month for residents of a West Palm Beach waterside condominium. Insurance on the 12-story building across from the Lake Worth Lagoon increased 82%, requiring a special meeting to hike the budget and jack up dues. It was a blow for the association, which […]
A pair of Florida golf courses could be restored, but residents say they’re financing the whole deal
Over the past few years, the once lush emerald fairways on the two golf courses winding through the Pelican Bay neighborhood have been sprouting weeds, anthills and parched brown patches of grass. Read the article…………………………..
Condominium obligated to collect roof reserves (FL)
Q: I have lived in my condo since 2006. In 2017 my monthly dues began including an extra fee for a roof assessment. When I asked what this fee was, several association members simply told me that every owner needs to pay this, and that it’s a common expense. Is this really a common expense, and […]
Enforcement of new structural safety law examined (FL)
Q: In a previous column, you mentioned the new statute that deals with building inspections and reserves. I understand the reason for these changes, but do not understand how they are enforced or how extensive they are. Can you comment further on that? Read the Q&A……………………………….
Jacksonville mother wants Miya’s law to include people who live in condos and other rental homes (FL)
To Roth, Miya’s Law doesn’t impact condos because the language in the law uses “transient and non-transient apartments.” He explained how there are Florida statutes that transients is defined as ‘intending to be temporary’. Non-transient means ‘intending to be permanent.’ The attorney said it is possible law makers could make amendments to the law, but […]
Residents up in arms after treasurer reportedly admits to stealing $153K from Hurricane HOA (FL)
A former treasurer of a homeowner’s association in Hurricane reportedly admitted to stealing more than $153,000 from the community’s main account — but a recent audit revealed the losses were significantly higher. Read the article……………………………….
Vero Beach condominium building evacuated for fire (FL)
Fire officials confirm the loud bang was lightning that struck the building and sparked the blaze. Within minutes, Chief Richard Marini says all residents were evacuated and no injuries were reported. Read the article…………………………
Securitas to Pay $517M in Surfside Condo Collapse Settlement
According to the lawsuit, the Securitas guard on duty failed to activate the building-wide in-unit voice alarm prior to the collapse. Read the article……………………..
State Passes Structural Safety Inspection Regulations (FL)
Emergency services personnel throughout Florida will have June 24, 2021 etched in their minds the same way other catastrophic events remain in the forefront of their memories. At 1:22 AM on that date, residents of the Champlain Towers South Condominium Complex in Surfside, Florida awoke to a rumble as much of the building collapsed. Read […]
I Team: Condo fears, new laws, Surfside disaster’s 1st anniversary (FL)
Since the tragedy in Surfside, condo residents all over Florida have been paying close attention to the conditions of their own buildings and wondering if small blemishes that have been ignored could be a warning sign of a collapse, later on down the line. Read the article…………………………..
Boca Raton holdout tests condo law regarding forced-sales to investor groups (FL)
Fellman’s years of laissez faire co-existence are being challenged again, and the condo law that once protected him many years ago has changed in ways that make it tougher for holdouts. Read the entire article……………………..
Local Residents Get $250 First-Time Speeding Fine From Their Own HOA (FL)
When Parkland resident Rob Camhe retrieved his mail on June 15, 2022, he found an interesting letter included in the pile. The letter was from the Homeowners Association of Miralago, and it stated that he and his wife, Alison, were being fined $250 for speeding within the community in May of 2022. Read the entire […]
Florida woman stole $228K from HOAs, spent some money on Bucs tickets: deputies (FL)
A Pinellas County woman is accused of ripping off three HOAs to the tune of nearly $230,000 and using some of that money to buy Buccaneers game tickets. Read the entire article……………………………….
Board members cannot be forced to serve on board (FL)
Q: Our annual meeting for board elections is coming up. At present, the board consists of nine members (per our governing documents). Each year, three board member positions expire (also per our governing documents). We go out each year to the community to ask for candidates to volunteer for the expiring positions, and most times […]
Condo Q & A (FL)
Q: My condominium has to take out a loan to pay for some infrastructure repairs. The board is currently discussing how to pay for the loan – either via special assessment or building the payments into the budget and making the payments part of the quarterly assessments that we pay. Do the members get any […]
Praise for Condo Inspection Laws, Fear of Timelines (FL)
The high-rise condos that dot the 47 miles of shoreline of Palm Beach County still stand tall overlooking the Atlantic Ocean and are a symbol of South Florida’s allure, but just how safe are they? Read the entire article……………………………….
Jill Biden to Speak at Event in Florida, Honoring Victims of Condo Collapse
U.S. first lady Jill Biden is expected to speak Friday in Surfside, Florida, marking the anniversary of the nighttime collapse of a 12-story oceanfront condo building that killed 98 people. Read the entire article……………………………….
Miami Condo Residents Protest Association Over Buildings’ ‘Alarming’ Issues (FL)
Owners of a condominium near Miami International Airport aired their grievances in a protest Thursday over worries about the condition of their buildings, saying there’s cracking, roof leaks and other “alarming” issues. Read the entire article……………………………….
Judge approves $1B+ deal in deadly Florida condo collapse
A judge gave final approval Thursday to a settlement topping $1 billion for victims of the collapse of a Florida beachfront condominium building that killed 98 people, one of the deadliest building failures in U.S. history. Read the entire article……………………………….
Condo Q&A: Can Owners Install Video Doorbells?
Question: Can an owner install a security camera to monitor his or her unit front door entrance area in a condo complex, and can the board approve this as an agenda item? Read the Q&A……………………………….
A judge’s legacy from Surfside condo tragedy: Huge settlement but also hard feelings (FL)
The judge who has called all the shots in the sprawling legal battle over the collapse of a Surfside condo tower was once a successful Miami trial attorney specializing in similar cases before putting on a black robe a decade ago and taking on the biggest case of his career last summer. Read the entire article……………………………….
Researcher Warns About Sea Level Rise Impacting Buildings Like Champlain Towers South (FL)
Investigators continue to look into what was the official cause of the collapse of the Champlain Towers South nearly a year ago. A local researcher studying sea level rise told NBC 6 Investigators that saltwater intrusion may have played a role in damaging the foundations of the building. Read the entire article……………………………….
Condo Owners Bracing for Impact of Condo Reform, New Reserve Funding Requirement (FL)
The deadly building collapse of Champlain Towers South forced many condo owners to start asking questions. The disaster also highlighted a need for change. Starting in 2025, state law will require condo boards to set money aside to cover future major repairs. Read the entire article……………………………….
Must owners approve new flooring in clubhouse? (FL)
Q: The new board at my condominium removed the carpet in the clubhouse and had luxury vinyl flooring installed in its place. Weren’t they required to get owner approval before making this type of change? Read the Q&A……………………………….
HOA responsible for erosion caused by negligent maintenance of lake vegetation (FL)
Q: About 60% of the homes in our HOA-governed community have property on the shore of lakes located entirely within the community. The HOA has long stressed controlling vegetation along the lake edge, with monthly spraying of emergent vegetation to keep the lawns looking very manicured. They’ve also been sold a bucket of fish – […]
Hope for the best; prepare for the worst: preparing for the 2022 hurricane season (FL)
Q. My condominium association just sent all owners a copy of a hurricane plan that lists the actions the association will take if our area is impacted by a hurricane watch or warning. If the association is responsible for protecting the condominium building, what should I do to prepare my Unit for a possible storm? […]
Town of Surfside sued after approving project next to aging condo building (FL)
The town of Surfside is facing a lawsuit over its approval of a luxury oceanfront development next to the aging Carlisle on the Ocean condos, reflecting fears of construction near old buildings that have rippled through the community in the year since the deadly collapse of Champlain Towers South. Read the entire article……………………………….
Condo Q&A: Unit Owner Tells Vendors What to Do (FL)
Question: We have an owner in our HOA that regularly interferes with our landscaping vendor. She provides them with direction that is contrary to the direction provided by the board. She has no authority to give them any direction. Read the Q&A……………………………….
Condo owners meet to figure out how to comply with new law for reserves (FL)
The anniversary of the Champlain Towers South building collapse in Surfside is approaching. The federal investigation into what caused the tragedy is ongoing. Condominium communities are trying to understand a new state law that requires a reserve fund for repairs. Read the entire article……………………………….
In Seven Bridges, Another Attempt To Oust The Board, Led By 78-Year-Old (FL)
A small but vocal group of homeowners in the 701-house community of Seven Bridges is again fighting to oust the Board of Directors. The drama this time: the seemingly incomprehensible surprise that when GL Homes turned over the community of million dollar homes to the homeowners association, the builder stopped subsidizing life behind the Lyons […]
Boca condo association sued a unit owner who asked to see financial records. Now she owes $395,554 in legal fees. (FL)
When Eileen Breitkreutz filed a request to inspect her condo association’s financial records six years ago, she had no idea it would spark six years of litigation and a $395,554 judgment against her. Read the entire article……………………………….
Federal Surfside condo collapse investigation enters new phase (FL)
The federal investigation into the deadly Surfside condo collapse is entering a new phase that involves cutting and drilling into concrete and steel to determine what role they played in the disaster, officials said Wednesday. Read the entire article……………………………….
Attorneys in Surfside condo collapse settlement case seek about $100 million in fees
Attorneys who worked to secure settlements topping $1 billion in the collapse of a beachfront Florida condominium building in which 98 people died are requesting about $100 million in fees and costs, according to a new court filing. Read the entire article……………………………….
Housing for older person restrictions should be enforced through legal action (FL)
Q: A friend lives in a 55+ deed-restricted community. The HOA there is not mandatory – so if you choose not to join the HOA, you cannot use the community pool or clubhouse, tennis courts, etc. Lately it is apparent they are not enforcing the 55+ status of the community, and several homes are being […]
Can board decide on new roofs? (FL)
Q: My condominium association board voted to replace the roofs on the condominium buildings, which are 20 years old. I am not aware of any major issue with the roofs. Our condominium documents say that any capital improvement must be approved by a majority of the unit owners. Can the board do this? Read the […]
Federal investigators talk about Surfside condo collapse probe (FL)
Investigators with the National Institute of Standards and Technology (NIST) said the point of the probe is to not only find out what happened and who may be responsible for this deadly collapse, but it’s also to prevent similar tragedies at other high-rises. Read the entire article……………………………….
Condo Q&A: Must a Treasurer Be on the Board? (FL)
Question: My question is whether the treasurer of a condo association is required to be a board member? I have just recently been elected to the board and discovered that our treasurer is not actually a board member, even though I believe our bylaws state that the treasurer is supposed to be on the board. […]
Insurance is driving up costs for condo associations (FL)
Experts say based on the carrier, condo associations could see anywhere between 20 to a 100 percent increase on their insurance premiums. Read the entire article……………………………….
$1B Surfside settlement signals condo association, construction insurance premium hikes (FL)
The $1 billion-plus Surfside settlement marks a milestone in the lawsuit over the deadly condominium collapse. It also reveals the role of real estate insurance — and is a harbinger of premium hikes that could reverberate across the industry. Read the entire article……………………………….
Condo questions: May be time for associations to allow certain types of video doorbells (FL)
Q: Can an owner install a security camera to monitor his or her Unit front door entrance area in a condo complex and can the board approve this as an agenda item? Read the Q&A……………………………….
Mangonia Park condo community fearing they’ll lose their homes (FL)
Some homeowners in a condo community are fearing they could lose their homes due to a special assessment that will cost each homeowner $10,000. Read the entire article……………………………….
Restaurant workers helped fight condo fire (FL)
The folks at Magnolias on the Bay didn’t need to be asked twice to face a fire at the neighboring Turtle Bay condominium. On Saturday morning, first-floor tenants of a two-story, Turtle Bay condominium ran next door to the neighboring restaurant, looking for help. Read the entire article……………………………….
Association Trying to Evict Mother and Son? (FL)
It was a strange call to Help Me Howard, an 87-year-old woman said she was being evicted from her home because the association wanted to evict her son and then her story got even more bizarre. Which is why she needed Help Me Howard with Patrick Fraser. Read the entire article……………………………….
Questions arise about Florida’s new mandatory condo inspection law
Weeks after Florida lawmakers passed a bill requiring older condominiums to undergo safety inspections to ensure the buildings’ structural integrity, Central Florida condominium association members have many questions about how the new requirements will impact owners. Read the entire article……………………………….
HOA owner may grant power of attorney to allow resident to participate in association affairs (FL)
Q: My daughter and son-in-law are Virginia residents who own a single family home in Florida. The property is governed by a homeowner’s association. I have resided in the home for the past seven years. Can I, as their family member and a resident, be designated an agent of the homeowner for matters pertaining to […]
Insurance changes hit with second lawsuit (FL)
A contractors group and an Orlando-area roofing firm Thursday challenged the constitutionality of a new law that combines a property-insurance change with efforts to bolster the safety of condominium buildings. Read the entire article……………………………….
Condo questions: To avoid possible issues board’s should have counsel review contracts (FL)
Q: I participated in the “How to Run a Board Meeting Effectively” seminar several weeks ago, that you put on and I had a quick question. A statement was made that any time there is a quorum of the board, that the formalities of a board meeting must be adhered too. Read the Q&A……………………………….