Q: Our condominium has a significant portion of residents over the age of 65 and we are concerned about opening our amenities. Some families are insisting we open the pool, tennis courts and clubhouse while others are urging the board to be more conservative. Others are arguing that the association never had the authority to […]
Use Rights Suspended for Virus Protocol Violations (FL)
Q: My homeowners’ association recently posted new rules concerning the use of our community pool in response to the coronavirus pandemic. The board stated that if the rules are violated, the association has the right to suspend the owner’s right to use the pool. Because the pool is a community pool owned by all the […]
Condo pools to reopen on June 1. Davey: “we will have enforcement on the beach” (FL)
Miami-Dade County is now including “pools in private communities, such as condominium and apartment complexes” in the June 1st date for county beaches to reopen. Read the article………………………..Gimenez made the announcement Sunday, during a virtual meeting with the mayors and city managers of Dade’s coastal communities and medical experts.
Laws prevent owners from viewing correspondence (FL)
Q: Are condo owners entitled to see correspondence between the board president and the association’s attorney? Are the owners the client or is the board the client especially if association monies are used to pay the legal fees? Our board is stalling the annual meeting and election and refuses to hold it via teleconference where […]
Local condominiums begin following new sanitation protocols (FL)
Short term rentals are back open for business but not without new regulations. Rental agencies across the state must follow new sanitation protocols, leading them to amp up their cleaning efforts. Panama City Beach is full of short term rentals from the east end to the west end, with a high rise visible in nearly […]
Condo column: Executive committees and board meetings; what you need to know (FL)
Q: I am a new director and our association has an executive committee made up of the four officers and the C.O.O. of our club. I personally see this meeting as a way to get around Sunshine Laws and to conduct a board meeting where board discussion takes place. At the regular board meetings, there […]
Association “Sunshine Laws” Explained (FL)
Q: We have a five-member board and the board has said that they are only required to post notice of a meeting when three or more board members are together. However, we have learned that often, two board members will meet and discuss the association or that there will be phone calls between two board […]
Community Associations in Dire Financial Straits Without PPP Assistance
The SBA, as administrator for the CARES Act, apparently took the position on April 3, that not-for-profit community associations within our country would not be eligible for the Paycheck Protection Program (PPP) loans or grants. Read the article………………………….
Modified Executive Order Allows Community Associations to Re-Open Gyms and Community Rooms During Phase 1 But Strict Rules Apply (FL)
On Thursday May 14, 2020, Governor DeSantis issued Executive Order 20-122 permitting Broward County to participate in the Phase 1 reopening identified in Executive Order 20-112, Executive Order 20-120, and any future orders pertaining to Phase 1 or the phased reopening of Florida. Read the article……………………..
Lawsuit accuses Biscayne Beach developer and construction firms of shoddy work (FL)
Three years after completing the Miami luxury condo tower Biscayne Beach, the developer and firms involved in its construction created a stinky situation for buyers, a recently filed lawsuit alleges. Read the article…………………………….
Rules on tree trimming by owner (FL)
Q: I am a new owner of a home located within a deed restricted community. Many of the lots, including mine, have large oak trees located between the rear of the residence and the community property line. The oak trees are never trimmed by the association. One oak tree in particular is located on common […]
Coronavirus concerns: Can HOA’s get sued if they reopen their pool? (FL)
The HOA President of The Villas of Cypress West in Tarpon Springs reached out to 8 On Your Side for help. concerned they could be held liable if they reopen their pool and someone gets coronavirus. 8 On Your Side asked two different lawyers and got two different answers. Read the article………………………….
Parkland’s Pine Tree Estates Sues the City Over Ownership, Maintenance of Streets (FL)
A legal battle is brewing among residents of Pine Tree Estates against the City of Parkland, and it’s not getting resolved for a while. Hundreds of homeowners have put together a grassroots campaign to fight the city’s efforts to take part of their land as well as the allure of their Parkland community. Read the […]
Are condo owners entitled to see correspondence between the board president and the association’s attorney? (FL)
Q: Are condo owners entitled to see correspondence between the board president and the association’s attorney? Are owners the client or is the board the client especially if association monies are used to pay the legal fees? Our board is stalling the annual meeting and election and refuses to hold either via teleconference where owners […]
Escambia County to review how it became responsible for Innerarity Island’s sewer system (FL)
Escambia County will be re-examining how it became responsible for building a new sewer system on Innerarity Island, after a revelation from the county attorney that the county did not have to take over the project. The Escambia County Commission discussed the project Thursday after the Innerarity Island homeowner association board of directors passed a […]
Man fatally shot gatehouse security guard (FL)
PBSO deputies arrested Jones Phillipe, 21, of Greenacres, in the slaying of a security guard at a suburban Boynton Beach community. Read the article……………………………….
REAL ESTATE MATTERS: Interpretation of condo board rule goes up in smoke
Q: I live in a condo with four smokers living below me. They continually blow smoke out the windows and it rises and enters my unit. Our revised rules and regulations state that no smoke is allowed to migrate to another unit. What can I do when the president of the board advises me that […]
Condominium unit owners may not vote in elections by proxy, but may in other matters (FL)
In a recent column you use an example that confused me. You are talking about proxy forms in HOAs, but use an example, in which you say: “for example, condominium owners may not vote in an election by proxy, and so they may not vote through a power of attorney, either.” I live in a […]
Venice homeowners association fines resident $2,500 over legally-protected clothesline (FL)
The location of the clothesline — the perfect, sunny spot in Wuetcher’s backyard — is visible from the road, which the HOA does not like. “In February of 2019, I got a violation letter saying, ‘You didn’t do what you were supposed to do. We can see it from the street. You have to move […]
Condo column: HOA covenants not being enforced; what recourse do we have? (FL)
Q: We live in a community that has a HOA with covenants. During the past year, many of the covenants have not been enforced by the property manager nor elected board. They have constantly allowed random homeowners to do as they please without regard to the written covenants and restrictions. Most in our community moved […]
South Florida HOAs and condo associations prepare for a drop in collections
With the first days of May ticking by, homeowners and condo associations are keeping a close eye on monthly collections. They’re preparing for nonpayment, as owners and renters struggle to pay their bills. More than 1 million people in Florida have filed for unemployment, according to figures released by the state. The tourism, hospitality and […]
Some in Northwest Florida keeping vacation rentals open illegally, condo manager says
Florida’s ban on vacation rentals will stay in place through the first phase of reopening the state. The decision is being met with mixed reactions. While the beaches have reopened, people have been able to book hotel and motel rooms. But when it comes to vacation rentals like Air B&B’s, those are still remain banned, […]
FDLE reviewing altercation involving Fred Hawkins, HOA security guard (FL)
The Florida Department of Law Enforcement is considering investigating an Osceola County Commissioner who is running for the Florida House of Representatives who was involved in a raucous homeowners association meeting that led to the arrest of a security guard. Read the article………………………….
Amid lawsuit, healthcare aide allowed to enter Sunny Isles Beach condo to help disabled woman (FL)
Members of a South Florida condo association have reversed their decision not to allow a healthcare aide to enter their building to help a disabled woman, about a week after the resident’s family had filed a lawsuit. 7News cameras captured the moment 73-year-old Eva Markman had been waiting for since early April, as her aide […]
‘More power than a bank’: HOA uses loophole to foreclose on Beulah dad’s home, lawyer says (FL)
Caleb Leitch’s wife passed away unexpectedly in 2013, six months after they bought a new home in Beulah. Leitch, now 31, has spent the last few years putting himself through school, working as a counselor for folks trying to quit tobacco and raising his elementary school-aged son. The last thing on his mind was his […]
Longboat condo installs Mini Reefs underneath docks (FL)
Residents and leaders of the Longboat Harbor Condominium watched on Friday afternoon as 12 Mini Reefs were installed on docks throughout the complex, designed to attract marine life and naturally filter the surrounding water. Read the article…………………………….
HOA board likely has power to enact new rules regulating storm shutters (FL)
Our small HOA has decided to pursue a homeowner who has had his storm shutters closed for most of the last two years. Several of his neighbors are raising a fuss so, in secret, the president and board members passed a rule regarding hurricane shutters, which rule was imposed at a meeting last year. Read […]
Indian Harbour Beach Volunteer Fire Unit Rescues Woman from Fourth Floor Condo Blaze (FL)
Upon arrival, fire units discovered a woman trapped on a fourth-floor balcony, who was rescued by Truck 56 crew, which extended its ladder to extract the occupant. According to Indian Harbour Beach Volunteer Fire Department officials, the fire was contained to the condo unit of origin on the fourth floor, although multiple other condo units […]
Gran Paraiso construction debris rained down on Edgewater condo building, lawsuit alleges (FL)
At 54 stories, the Gran Paraiso luxury condo tower looms over the seven-story Bayside Terrace Condominium in Miami’s Edgewater neighborhood. So when the 319-unit building was being built, construction debris caked Bayside Terrace from all angles, according to a recently filed lawsuit. Read the article…………………………
To Open or Not to Open, that is the Coronavirus Question (FL)
As state and local governments begin gradually easing their lock down and coronavirus related restrictions, community associations are struggling to decide when and how to start reopening their community pools and tennis/pickleball courts. In doing so, each community association is going to have to strictly follow a patchwork of federal, state and sometimes local/city restrictions […]
Signs in Wekiva Cove neighborhood mark area for residents only (FL)
A Seminole County Homeowners Association says it will not take down signs warning that, ‘In light of the current shelter-at-home orders, only residents are allowed in.’ A full day after the Seminole County Sheriff’s office said it would ask that the signs be taken down, they remain at the entrance to Wekiva Cove. Read […]
Amid backlash, Killearn Estates HOA halts enforcement of lawn, property violations, fines (FL)
The “Leaf Police” in Killearn Estates are standing down during the coronavirus emergency. After getting harsh criticism from residents, the Killearn Homeowners Association recently decided to stop issuing notices and fines for unmown lawns, unraked leaves and other violations of neighborhood rules. The move came after homeowners complained loudly online about enforcement of the HOA’s […]
Homeowners buy community golf course, plan upgrades (FL)
Bonita Fairways Community Association, the homeowner’s association of the Bonita Fairways community, recently purchased the Bonita Fairways Golf Club. Financial terms of the purchase weren’t disclosed. Read the article………………………….
Icon Brickell condo association settles class action suit alleging it charged illegal fees (FL)
Anyone who rented or bought a unit at Icon Brickell’s Tower 1 since June 27, 2013 could soon collect up to $360 from the building’s condo association. On Tuesday, Miami-Dade Circuit Judge Jennifer Bailey is scheduled to rule on a final settlement agreement in a class action lawsuit against the Icon Brickell Condominium No. 1 […]
Grandmother says she was told to take down graduation yard sign (FL)
A graduation sign celebrating a local high school senior has caused quite the commotion in one Volusia County community. Barbara Novak said she put up the yard sign over the weekend to honor her granddaughter but said she quickly received a call from someone claiming to be with her homeowner’s association telling her it needed […]
Fisher Island residents say no to accepting $2 million small business loan (FL)
Fisher Island’s homeowners association applied and was approved for a $2 million federal loan, part of the US Paycheck Protection Plan. Fisher Island is one of the wealthiest zip codes in the country. Read the article…………………………..
Coronavirus lockdown: Florida CEO pleads for mayor to ‘open the private beach’ in front of his condo (FL)
A Florida CEO fed up with his city’s decision to close beaches during the coronavirus outbreak is calling on its mayor to “open the private beach” outside of his waterfront condo so he and his wife can “stay healthy and alive. Read the article…………………………..
Kissimmee property management company owner arrested, charged with fraud, impersonating officer (FL)
The former property manager exposed by 9 Investigates for allowing her ex-cop-turned-felon boyfriend to run security in a Kissimmee neighborhood was arrested for fraud and impersonating an officer, according to Osceola County Jail records. Sherry Raposo is the owner of the property management company that was fired by the homeowners association at Turnberry Reserve earlier […]
Condo column: Do emails meet the 48 hour requirement for board notices? (FL)
Q: We do not have a convenient place to post our notices in our 48 home HOA subdivision. In this electronic modern day, is posting on our website, which every owner has access to, appropriate to meet the 48-hour requirement or will we still need to send notice by mail or email seven days in […]
A private island off the coast of Miami paid $30,000 for 1,800 coronavirus antibody tests while the rest of the US struggles to obtain any tests at all
On April 13, The Miami Herald reported that Fisher Island had purchased thousands of antibody-detecting rapid blood tests from the University of Miami Health System (UHealth) — enough to test all 800 families and 400 employees on the island. At the time, Lisa Worley, a UHealth spokesperson, told the Herald, “This is what the Fisher […]
Association must provide notice and chance for hearing before imposing fine (FL)
Q: I come to you with a problem regarding a $200 fine for not attending a hearing that I was not able to attend. The hearing was about two palm fronds outside my front gate (not visible from the street). Someone took a picture of the fronds and sent them to the board with a […]
Residents who refuse to follow the rules (FL)
Just about every planned community in Southwest Florida has governing documents recorded in the public records of the County containing various regulations as well as unrecorded “house rules” that the residents are supposed to follow in order to maintain a community of congenial, financially responsible residents with the objectives of protecting the value of the […]
CORONAVIRUS: Who Is Infected In Your Neighborhood? Many Want To Know (FL)
Who is infected in your neighborhood? Not your zip code. Not your town. But — in terms of Boca Raton, Delray Beach and Boynton Beach — your homeowner’s association. That’s the question being asked of community managers throughout the area — all apparently forced to explain to homeowners that HiPAA , the federal regulation that […]
Area Homeowners Seek HOA Refunds For Lack Of Services (FL)
Board Members for area HOA’s are contacting BocaNewsNow.com to report that homeowners in their communities are seeking refunds or discounts as pools remain closed, golf courses remain inaccessible, and fitness facilities remain off-limits. Read the article…………………………….
Leesburg firefighters battle blaze that damages four condo units (FL)
The crews were called Wednesday to a burning residence in the Highland Lakes area, which was confirmed when Engine 82 arrived on scene a short time later. Two condos suffered heavy damage in the blaze, while two others had moderate-to-heavy damage. Read the article……………………….
Man’s body found after he was seen struggling in pond at Fort Myers condos (FL)
Fort Myers Police Department confirms a man is dead after he was last seen struggling to swim in a pond at Village Creek Condominiums complex Saturday. According to the FMPD Facebook post, police were on scene at the condos off Winkler Avenue, where a man was seen struggling in a “retention type pond” and was […]
Living together, apart — new reality for condo residents (FL)
South Florida residents are being told to stay at home, only leave when necessary, and remain six feet apart when they do leave home base. No touching, no dining out, no spa visits allowed. Folks who live in their own homes, complete with backyards, gardens, outdoor kitchens and swimming pools have it somewhat easier than […]
Boynton community applies for $3 million small business loan… but is it even eligible? (FL)
Michael Soroka, president of the Hunters Run Property Owners Association, said the board unanimously decided to seek the loan on Thursday. The loan, which can eventually be forgiven, is designed to keep 350 employees working. “We have not laid off anyone and our goal is to keep them all on the payroll.” Read the article………………………
Living together, apart — new reality for condo residents (FL)
South Florida residents are being told to stay at home, only leave when necessary, and remain six feet apart when they do leave home base. No touching, no dining out, no spa visits allowed. Folks who live in their own homes, complete with backyards, gardens, outdoor kitchens and swimming pools have it somewhat easier than […]
In coronavirus’ social squeeze, walls keep closing in on high-rise condo dwellers (FL)
It feels like the walls keep closing in on the residents of Two City Plaza, a 21-story condominium in downtown West Palm Beach, where the deadly coronavirus pandemic keeps tightening its stranglehold on perks and personal liberties once taken for granted. Read the article…………………………….