Seven months after an oceanfront condominium collapsed and killed 98 people near Miami, temporary structural supports have been added to areas in the underground garage of its sister tower. Read the entire article……………………………….
Condo questions: Is board required to give owners notices who are not full-time residents? (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 […]
More condo regulations get Senate committee nods (FL)
Some aspects of state condo regulations have remained essentially unchanged for 60 years. But on Tuesday, the Senate Regulated Industries Committee passed two bills within a half-hour that would impose new rules on these entities that have been mainly left to self-regulation. Read the entire article……………………………….
Local governments should be ready to fill void on condo regulation (FL)
Tony Lennie, president of the Barclay Beach Club condominium board in Fort Pierce, said a mouthful recently. “A lot of the people who live in condominiums in Florida are there for a good time, they’re not there for a long time,” Lennie told a Treasure Coast Newspapers reporter. “They’re kind of hoping they can maybe […]
New, more aggressive condo recertification law moving though state Legislature, impact on Key Biscayne (FL)
State lawmakers this week took a step closer to expanding Miami-Dade County’s recertification precedent with stricter rules stretching across the state – one of which would encompass just about every tall multi-family residential building on Key Biscayne. Read the entire article……………………………….
Developer to accept Bitcoin for Punta Gorda condos (FL)
A Pacific northwest developer has announced it will accept virtual currency in sales of luxury condos planned for the “oceanfront” site near Ponce de Leon park in Punta Gorda. Read the entire article……………………………….
Non-payment of country club dues in some communities may result in foreclosure (FL)
My sister lives at a country club condominium. She is 84. They have club dues which have gotten way over her ability to pay, so she stopped paying. The club banned her from all amenities. Read the Q&A…………………………………
Community Law Legal Matters (FL)
Q: I want to submit an official records request to my condo association. Along with the records I also want the board to answer a few questions I have about certain expenses from this past year which is also the subject of the records request. Can you explain how I can do this, and what […]
Treasure Coast governments should be ready to fill void on condo regulation (FL)
Tony Lennie, president of the Barclay Beach Club condominium board in Fort Pierce, said a mouthful recently. “A lot of the people who live in condominiums in Florida are there for a good time, they’re not there for a long time,” Lennie told TCPalm reporter Sydney Czyzon. “They’re kind of hoping they can maybe get […]
Suspension of gate use questioned (FL)
Q: We live in a gated community. Recently, the board has begun voting at its meetings to suspend the automatic gate access of owners who are delinquent in their assessments. While I support aggressive collection efforts by the association, I am worried that this type of suspension exposes the association to risks. Is a homeowners’ […]
Condo questions: What are newly-elected board members’ responsibilities? (FL)
Q: What are new condominium and HOA board members required to do after being elected? Read the Q&A……………………………………..
Condo Q&A: New Board Members Must Take Classes? (FL)
Question: I am running for the board of my condominium association. I heard that, if elected, I have to take a class about my responsibilities as a board member. Is this accurate? Read the Q&A………………………………….
We need better communication in Stone Creek (FL)
Communication is vital for relationships and all aspects of society. How things are communicated is also vital. Communications without specifics or which are vague can cause problems. Read the entire article……………………………….
Florida Senate committee advances bill to set statewide condo inspections
The measure would establish a mandatory structural inspection program for multi-family residential buildings that are greater than three stories and larger than 3,500 square feet. Read the entire article……………………………….
Landscaping battle rages between home owner, association (FL)
Some neighbors in one Boca community feel their condominium association is abusing its power and retaliating against residents who protest. Read the entire article……………………………….
Fla. Construction Defect Bill Would Hurt Consumer Interests
Last year, Florida politicians attempted to weaponize Chapter 558 of the Florida Statutes and eviscerate the cause of action for violations of the Florida Building Code. Thankfully, that legislation died in committee and never saw the light of day. Unfortunately, through H.B. 583 filed by Rep. Clay Yarborough, R-Jacksonville, and S.B. 736 filed by Sen. […]
House panel approves bill to create ombudsman, appeals process for HOA disputes (FL)
HB 1033 seeks to keep HOA disputes from reaching the courts. Floridians who tussle with homeowners associations (HOAs) could soon see a few more layers of process before anyone gets fined or goes to court under a bill approved Thursday by the House Regulatory Reform Subcommittee. Read the entire article……………………………….
What can condo, homeowner associations do to prevent possible fraud activities? (FL)
With potentially millions of dollars at risk, Collier and Lee counties community associations have a very vested interest in monitoring their property management companies. At least 30 condo associations in Collier County are deep into forensic audits after news that their management company, American Property Management Services of Naples, is facing a $100,000 civil suit […]
Paseo Condominium residents upset with continued problems (FL)
People who live in the Paseo Condominiums say they have had problems from the start. When the condominiums were under construction in 2014, there were already issues with water coming through the foundation, windows and even the roof. Read the entire article……………………………….
Seniors forced to take five flights of stairs after elevator breaks down in St. Pete condo building (FL)
For 82-year-old Marion Boyle, getting out of the house is a struggle. She lives on the fifth floor of the Emory building at Five Towns Condominiums in St. Petersburg, and she told ABC Action News in December, “I almost fell the other day taking the laundry down when my foot caught on the end of […]
Condo questions: Do flags on a truck meet the criteria of my HOA’s sign prohibition? (FL)
Q: Our HOA Declaration prohibits “signs, banners, advertisements and posters from being exhibited, displayed, inscribed, painted, or affixed, in, on, or upon any part of the Properties without prior ARC approval. It also provides that this prohibition includes “signs inside of Living Unit windows or the windows of motor vehicles.” Read the Q&A……………………………….
Surfside Collapse Challenges Many Older Condos (FL)
TCPalm study finds about 70 Treasure Coast condos have maintenance issues – but repair costs often present a problem if a lot of unit owners are on fixed incomes. Read the entire article……………………………….
Collier community files suit, claims fraud, embezzlement by property management company (FL)
A Naples property management company that oversees more than two dozen communities in Collier County is shuttered and its owners have apparently left the country. Meanwhile, the associations have filed a restraining order and are trying to recoup hundreds of thousands of dollars entrusted to the company. Read the entire article……………………………….
Kissimmee folks fuming over lack of mail delivery service (FL)
One Central Florida neighborhood, Trafalgar Village, is lately full of fuming residents. Trafalgar Village residents have not received their mail for more than two weeks. The Trafalgar Village community in Osceola County has had problems working out an agreement with the United States Postal Service (USPS). Read the entire article……………………………….
Condominium budget must be approved at least 14 days before start of fiscal year (FL)
I recently answered a question regarding budget approval in a condominium, and at the time I informed the reader that I could not think of a reason why their budget needed to be approved by December 18. It turns out I overlooked a subtle change to the statute made in July of this year Read […]
One Bal Harbour associations settle suit over shared utility, valet expenses (FL)
One Bal Harbour’s hotel-condo and condo associations settled their litigation over alleged overcharges for shared utility, parking and beach service expenses Read the entire article……………………………….
Are Fines for Speeding Legal? (FL)
Q: My community has set up various speed monitoring devices along the most travelled road. The board is now fining residents for speeding violations. Is this legal? What is the process for imposing a fine and can these fines result in a lien? Read the Q&a……………………………
Following Surfside tragedy: ‘Why are we punishing homeowners who are completely innocent?’
In the wake of the deadly collapse of a South Florida condominium in Surfside in June, lawmakers in Tallahassee this week are pursuing legislation to protect builders from frivolous lawsuits. (Ed. Note – the use of the word “frivolous” is from the lobbyists – these bills make it harder for ever well-deserved lawsuits) Read the entire […]
Condo questions: Can condo owners access a master list of residents? (FL)
Q: I own a unit in a large (100+ units) condominium. I understand that the association is required to maintain a current roster of residents, both owners and renters. Do I have a right to access that list? Read the Q&A………………………………….
Paradise lost? Communities secede from Fountains Country Club near Lake Worth Beach (FL)
Three condos communities in Fountains Country Club in suburban Lake Worth secede over property and management issues. (can only access article thru subscription to Palm Beach Post)
Florida lawmakers will soon meet for first time in a post-Surfside world. Will they change any laws?
Will Florida lawmakers implement any condo law reforms in the wake of the Surfside condo collapse? Here are some of the reform ideas being recommended. Read the entire article……………………………….
Appeals court upholds $8M judgment against former Z Ocean condo-hotel partners (FL)
The co-developers of Z Ocean, a South Beach condo-hotel, will remain on the hook for an $8.2 million judgment after their appeal was denied. In an opinion issued last week, the Third District Court of Appeals upheld Miami-Dade Circuit Court Judge William Thomas’ 2020 ruling in favor of Louis Taic and his company Read […]
A local couple left homeless after they rented a home that doesn’t allow renters in the area (FL)
A local couple renting what they thought was the perfect home and as they moved in, they learned a rule didn’t allow them to stay. Now, they are left homeless. Read the entire article……………………………….
A lesson from Surfside? Underground assault from sea-level rise puts coastal structures at risk (FL)
Subterranean assaults by rising seas on the ill-fated Champlain Towers South more than doubled over a 26-year period, according to a Florida International University study that measured how often water levels rose higher than the building’s basement floor. Read the entire article……………………………….
Statutes limit rental amendments (FL)
Q: Recently, my homeowners’ association had the membership vote on amendments to our documents which limit leasing within the community. Previously, our documents did not contain any restrictions on leasing. Read the Q&A……………………………..
Condo Q&A (FL)
Q: I am running for the board of my condominium association. I heard that, if elected, I have to take a class about my responsibilities as a board member. Is this accurate? Read the Q&A…………………………………..
After Surfside, a major national condo reform is quietly going into effect
A major national condo reform is taking place in the wake of last summer’s Surfside condo collapse that left 98 dead. But this reform is not from the government per se. It’s coming from Freddie Mac and Fannie Mae, the federal government-sanctioned companies that buy mortgages from banks. Read the entire article……………………………….
State Legislation Filed to Prevent HOA Fines from Becoming Liens (FL)
Kissimmee State Representative Kristen Arrington introduced HB 1039, an Act to prevent unpaid HOA fines from becoming liens that could lead to properties being seized, and HB 6103, which would repeal the ability for HOAs to issue fines. The companion legislation, SB 1362 and SB 1364 were filed by Orlando State Senator Victor Torres. Read […]
Champlain Condo Collapse Trial Set for March 2023, Condo Association Deflects Blame (FL)
The class-action lawsuit over the collapsed Champlain Towers South will head to trial in March 2023, just as the building’s condominium association deflected blame for catastrophe in a new court filing. Read the entire article……………………………….
Destin officials to ask state for more oversight on high-rise condos (FL)
The City Council agreed Monday to ask local state legislators to strengthen the state’s oversight of high-rise condominiums. With a 5-2 vote, the council took that action instead of voting on a proposed ordinance that called for periodic city-required inspections of tall buildings in Destin. Read the entire article……………………………….
Hammocks Residents Denied Entry to Vote in Community Association Elections (FL)
At one point, Florida State Sen. Annette Taddeo spoke with security about trying to get inside herself to monitor the vote count, but even she wasn’t allowed in Read the entire article……………………………….
Associations may make payments to vendors by ACH (FL)
Q: According to the Condominium Act, an association and its officers, directors, employees and agents may not use a debit card issued in the name of the association, or billed directly to the association, for the payment of any association expense. Does this apply to ACH debit payment of expenses billed to the association? Read […]
State Legislators Want to Keep Unpaid HOA Fines From Becoming Liens (FL)
With the Legislature meeting in Tallahassee in January to kick off the regular session, this week, state Sen. Victor Torres, D-Orlando, and state Rep. Kristen Arrington, D- Kissimmee, filed a proposal “to prevent unpaid HOA fines from becoming liens that could lead to properties being seized” and another bill “which would repeal the ability for […]
HOA proxy elections permissible (FL)
Q: Are owners allowed to use proxies to vote at a meeting in a homeowners’ association and what is required for a proxy? Read the Q&A………………………………..
Grandfathering of Rental Restrictions in Condos and HOA’s (FL)
For many years now, Chapter 718, Florida Statutes has provided that any new rental restrictions approved by the membership of a Condominium as an amendment to the governing documents only apply to those who voted for the amendment or those who obtained title to the unit after the amendment was approved and recorded in the […]
Fight over money after condo collapse (FL)
What could possibly make the Surfside, Fla., condo collapse even more tragic? A fight over money. Survivors and heirs are at odds over who is entitled to what, who is to blame for the collapse that killed 98 people and how to fairly divide money from insurance, lawsuits and charitable contributions. Read the entire article……………………………….
Victor Torres, Kristen Arrington bills target HOA fines, liens (FL)
Home owners associations across Florida could see their powers curtailed or restricted as it relates to imposing fines and liens against home owners, under legislation introduced by Sen. Victor Torres and Rep. Kristen Arrington. Read the entire article……………………………….
Key Biscayne condo managers favor aggressive inspection protocol (FL)
Recommendations last week by a Miami-Dade County Grand Jury regarding tighter — yet, ultimately, costlier — regulations for condominium safety are gaining acceptance by those close to the situation on Key Biscayne. Read the entire article……………………………….