Q: Can a legal owner of a condominium use a limited power of attorney to assign his rights as an owner to another person? An owner at a condominium wants to give me a power of attorney to exercise his rights to attend meetings, speak at meetings, contact the manager, use the facilities, vote in […]
Florida Community Law Q & A
Q: Are there differences between Chapter 720 and 718 law as to what homeowners’ associations (HOAs) vs. condominium associations can do with unspent monies left over from assessments for specified projects? Are they required to return those monies to their owners? Can they put it in the general fund, use it on another assessment or […]
St Johns’s County proposes buying homes along Summer Haven beach, homeowners fight back against proposal (FL)
Homeowners in Summer Haven are asking the St John’s County board of commissioners to help prevent erosion along their beach and assist homeowners in maintaining their properties. A presentation from the home owners association on Tuesday to the board came after a commissioner proposed the county buy homes along the beach and allow the beach […]
‘LETS GO BRANDON’ Christmas lights spark battle with Sarasota homeowner’s association (FL)
Christmas is supposed to be a time of joy and goodwill to others. Spelling out “LETS GO BRANDON” in lighted letters on a balcony of his house brought plenty of joy to Martin Hyde, a Sarasota Republican running for Congress. It didn’t generate goodwill in his neighborhood, though. Read the entire article……………………………….
Reserve funds and building inspections: Lawmakers ponder action in wake of condo collapse (FL)
Six months after the tragic collapse of a 12-story condo building in Surfside, state lawmakers will look at ways to make buildings safer as they convene their 2022 legislative session. Read the entire article……………………………….
HOA Sued By Homeowner For Libel, Slander After Criticizing Security (FL)
A homeowner in the Porta Bella Yacht and Tennis Club in Boca Raton is suing the community’s HOA/COA, claiming board members made inappropriate and inaccurate accusations against him. Read the entire article……………………………….
Sales and leasing can be governed by entirely different restrictions (FL)
Q: I purchased a condo over a year ago. At the time, there were absolutely no requirements, no application process and no background check required in order for me to become an owner. Prior to closing I asked the real estate agent and the title company if an approval letter was needed for closing and […]
Condo Q & A (FL)
Q: One of our HOA board members does not own the house he lives in, his parents in-law own it. Our documents state you must be a member of the association to serve on the board. He has given management a letter from an attorney, stating he is a trustee of the property. Can anything […]
Condo questions: What do Florida statutes state about unspent money? (FL)
QUESTION: Are there differences between Florida Chapters 720 and 718 law as to what HOAs vs condo associations can do with unspent monies left over from assessments for specified projects? Are they required to return those monies to their owners, can they put it in the general fund, use it on another assessment or some […]
A Surfside condo collapse grand jury report calls for immediate reforms (FL)
A Miami-Dade County grand jury on Wednesday released a series of recommendations for condo safety throughout Florida after a deep examination of the deadly collapse in Surfside earlier this year. Read the entire article……………………………….
Florida condo collapse victims to get $4.9M from fundraising efforts
A Florida nonprofit is set to distribute nearly $5 million to survivors and the families of those killed in the collapse of a beachfront Florida condo building this past summer. Read the entire article……………………………….
Quorum of board may not conduct business at social gathering without proper notice (FL)
Q: First, is an HOA board allowed to have meetings during a “social gathering,” such as dinners and drinks at a board member’s house, where they discuss community business without noticing the owners? Second, if a notice is given or posted (our governing documents say three days’ notice is required) is that business days or all […]
County-HOA median mess heads back to commission (FL)
A terse letter from the county attorney’s office apparently wasn’t enough to persuade The Sugarmill Woods Oak Village Homeowners Association (HOA) to honor its contract and maintain its share of the median along U.S. 98. So the whole matter once again comes back to county commissioners for a decision. Read the entire article……………………………….
Villager worried political flags ruining friendliness in The Villages (FL)
She took her concerns about political flags Friday morning to the Community Development District 1 Board of Supervisors. She said her father was active in the homeowners association and at one point had to remove a flag he was flying. It was a Snoopy Christmas flag. Fuller said it appears all restrictions on flags have […]
Unpaid Fines Can Have Consequences (FL)
Q: What happens is I refuse to pay a fine for violating the association’s governing documents? Read the Q&A……………………………………
Community Law Q&A (FL)
Q: My condominium association is holding an election in one week for the next year’s board of directors. It sent out a second notice of annual meeting and election, a ballot, and two envelopes so the owners can cast our votes. However, I don’t think that the association ever posted the second notice of annual […]
Miramar association, pest control company cited after dozens of neighborhood geese were killed (FL)
Residents of a Coconut Shores neighborhood inside Miramar’s Silver Lakes community are upset over what happened to the beautiful geese that used to fill their lake. Those residents now say what happened to those geese was cruel. Read the entire article……………………………….
Pool Guy Slips, Falls, Now Sues Boca Raton Condo Association (FL)
A man whose job involves water is suing the Mizner Tower Condominium Association after he claims he slipped and fell while working on the property. Read the entire article……………………………….
Fort Myers gives luxury condo developer break from minority contractor requirement (FL)
The developer of a luxury condominium complex in downtown Fort Myers will get a break from complying with a city requirement that at least 15% of contractors on the job be minority-owned enterprises. Read the entire article……………………………….
Esplanade residents provide free lunch for Lakewood Ranch Medical Center workers (FL)
As time wound down in November on this year’s Esplanade Gives Back campaign, Lifestyle Director Rob Commissar fired off an email to Esplanade Golf and Country Club residents that had one last plea to help with donations to feed the staff at Lakewood Ranch Medical Center. Read the entire article……………………………….
CDDs to discuss unpaid fines at homes in The Villages owned by dead people (FL)
Four community development district boards this week will be discussing unpaid deed compliance fines racked up at homes in The Villages owned by dead people. Uncollected fines are becoming a nagging problem at abandoned homes in Community Development Districts 1 through 4. Read the entire article……………………………….
President is typically chairperson of board meetings (FL)
Q: Who presides over the board meetings, the property manager, or the president? And who contacts contractors for bids, the property manager, or the board? Finally, can you rent out rooms in an over 55 community? Read the Q&A…………………………………
Electric charging and natural gas fueling options at condominiums (FL)
With the increased interest in electric charged, and now natural gas fueled cars, Chapter 718.113(8) and (9), Florida Statutes was amended effective July 1, 2021 to accommodate unit owners desiring ownership of such alternative vehicles. We have seen demand so far for electric charging stations but not yet for natural gas fueling stations. Read the […]
Association usually responsible for structural maintenance (FL)
Q: The foundation under my condominium’s sliding glass door has heaved which prevents me from opening the doors. My condominium manager says that I am responsible for taking out the slider door frame and grinding down the foundation cement. Am I responsible? Read the Q&A………………………………..
Brother Of Surfside Condo Collapse Victims Testifies Against Bill That Would Lower Time To File Lawsuits Over Construction Defect Claims
Hoping to make a difference, the brother of a Surfside condo collapse victim testified in Tallahassee on Tuesday against a bill that would lower the amount of time to file a lawsuit over building defects. Read the entire article……………………………….
Condo Q&A: OK to Serve Alcohol at HOA Events? (FL)
Question: What are your thoughts on alcohol being served at association events? Read the Q&A………………………………….
Hollywood condo has been without power for weeks (FL)
Residents of a Hollywood condo have been living in a building without power for several weeks. What is working at the Trafalgar Towers II are a few emergency lights in common areas and the building’s elevator, though it’s all on generator power. Read the entire article……………………………….
Enforcing a Rule an Association Didn’t Enforce (FL)
When she moved into the condo, they had a rule that barred motorcycles, but years later, they are telling her they’re enforcing the rule and she has to get rid of the cycle. Can an association come after you for a rule they let you break? Let’s bring in Help Me Howard with Patrick Fraser […]
‘We won, but we lost’ | Air Force veteran still in fight with HOA over right to fly American flag (FL)
After spending tens of thousands of dollars and being forced to sell his home in the Sweetwater community, the court awarded Murphee a total of $1,223. Read the entire article……………………………….
Statute of limitations for delinquency actions is five years (FL)
Q: My mother, who owned a condominium, recently passed away, and afterward I received a notice of late assessment in her mailbox. In speaking to the new management company they claim to have found that the previous management company was missing a payment my mother should have made over four years ago. My mother never […]
Real Estate Q&A: Who Pays Balance of Special Assessment if Property Is Sold? (FL)
Q: Our association will be remodeling the clubhouse, and there will be a significant assessment. We will have the option to pay off the amount in one lump sum or over 10 years. If I sell while paying off the assessment, am I responsible for paying the balance, or does the new owner take over […]
Jacksonville community grieving, wants speed bumps on road where teen was killed (FL)
The Homeowners Association for the area has been trying to improve safety measures for years, successfully getting signs installed in the area, but want speed bumps to be added as well. Read the entire article……………………………….
Condo questions: Can a unit owner’s son named POA be on the board? (FL)
Q: A unit owner in our condominium has submitted a power or attorney naming her son as her power of attorney for all matters involving the condominium. The son has now submitted his name as a candidate for the board of directors on behalf of his mother, the owner of the unit. The bylaws require […]
Condo owners have right to use cable service of their choice (FL)
Q: I live in a condominium building. Our association has entered into a bulk contract with a new cable company to replace Comcast as our basic internet and cable provider. I am a Comcast/Xfinity customer who wants to retain Comcast, even though I will have to pay the basic monthly addition to our association fee […]
Main break leaves several Hallandale Beach condos without water, others with low water pressure (FL)
Several condominium buildings in Hallandale Beach have been left with no water following a water main break. The rupture took place Friday in the Three Islands neighborhood. Read the entire article……………………………….
Condos and HOAs follow different budgeting rules (FL)
Q: Our association will be holding its annual budget soon. After receiving the notice for this meeting, I called our association manager to ask how and where I could obtain a copy of the proposed budget. I was told that a copy of the approved budget would only be provided to the members after the […]
Condo questions: What are requirements for reserves under Florida law?
Q: My condominium is currently working on its 2022 budget. I know we have a reserve budget with multiple items. It looks like the replacement costs for several of the items on the reserve budget has skyrocketed. What are the requirements regarding reserves under Florida law and is there a possibility of lowering the reserve […]
Condo and Homeowner Association Board Members and Property Managers meeting provides great info (FL)
About five years ago, Aventura Commissioner Dr. Linda Marks asked the Aventura Marketing Council/Chamber of Commerce (AMC) if they were interested in providing valuable programming for Board Members of associations. Since Aventura has over 100 associations within its 3.2 square miles, the answer was a resounding “Yes!”. Read the entire article……………………………….
Retired police officer facing HOA fines in Westchase over thin blue line flag
A Tampa Bay area homeowner and a retired police officer is being threatened with HOA fines over a pro-law enforcement flag. The flag is often referred to as a thin blue line flag. Read the entire article……………………………….
OPINION: Heron Bay President Packs His Bags; Resigns from 3 Governing Bodies (FL)
Vogel’s departure comes at a difficult time for Heron Bay residents, as NSID and other government officials are orchestrating a massive commercial development to be built within the residential community. Read the entire article……………………………….
Condo questions: Can one be a member of a board and ARB? (FL)
Q: My homeowner’s association has an Architectural Review Board that holds meetings and decides over applications for architectural changes in our community. They have advanced notices for meetings, similar to a board meeting. One of the members of the board of directors is also on the ARB. Read the Q&A……………………………….
Tampa Bay homeowner facing HOA fines for putting Christmas lights up too early (FL)
One Tampa Bay area homeowner is calling his homeowners association grinches after receiving a letter for decorating his home too early. On Nov. 6, the Moffa family hired a company to put up Christmas lights outside their home. Read the entire article……………………………….
Residents unhappy with Miami condo board president that has history of aggressive behavior (FL)
The last time we saw Ben Dvir, he was driving away in his matte gray BMW. He’d just bumped Local 10 News reporter Layron Livingston with the side view mirror of his car. Livingston was hoping to get a response from Dvir, who’s been accused of abusing his power as president of the Blue on […]
Security guard forced off property by condo board president, residents say he’s on a power trip (FL)
“Get the [expletive] out of here!” one man yells. “You’re [expletive] up!” the other man yells back. The exchange went on for nearly 15 minutes; recorded on multiple cell phones and surveillance cameras outside of Blue on the Bay, a high-rise condominium building in Miami’s Edgewater neighborhood. Read the entire article……………………………….
Eastwood residents fight developer over plan to build 200 homes on former golf course (FL)
Teed-off residents of Eastwood in east Orange won a hard-fought battle a year ago when county commissioners sided with them and rejected an Orlando real-estate developer’s plan to build 200 houses on the community’s defunct golf course and driving range. Read the entire article……………………………….
Is construction next door to a Brickell condo causing safety problems? Residents are concerned (FL)
Residents of a high rise in Brickell are concerned about their safety over a construction site next door where a new luxury condo is being built. Mandy Karnauskas lives in Brickell Townhouse, next door to the Una Residences under construction. “We see the ground actually moving, a piece of our property is sinking and our […]
Real estate Q&A: How can HOA enforce smoking ban in common areas? (FL)
Q: At our annual meeting, our condominium community passed a “No Smoking” resolution into our bylaws. It encompassed the entire club area, including the outdoor facilities. We now have a small group of new owners who vocally oppose this ban and continue to smoke at our community pool despite numerous requests to stop. How can […]
Q&A: Can Condo Board Discuss Fee Increase with New Residents? (FL)
Question: How should the board member interviewing new residents in our condominium association handle knowing there will be a significant increase in the monthly maintenance fees due to the increasing insurance premium? It is a sensitive subject for sellers to discuss with buyers, but we want to be transparent as an association with our new […]
The Laws Pertaining To Condos And HOAs Must Be Reformed (FL)
The most important points of the proposed reform to the Condominium and Homeowners Association Laws are that the board members attain academic preparation, that the reserve funds are duly maintained, and that there is transparency from the management to ensure good use of the resources to avoid fraud and abuse of power. Read the entire […]
Condo collapse probe gaining steam (FL)
From the soils underground to eyes in the sky, the federal probe into the deadly collapse of a Florida condominium building is gaining steam but is far from completion, officials said Monday. Read the entire article……………………………….