Condo owners in a St. Petersburg high rise have been told they have three days to move out. City inspectors condemned Bridgeton North Condos after they discovered some serious engineering issues. For quite some time, construction crews have been trying to fix the building’s leaky roof. Read the article………………
State regulator accused of hijacking condo association he was assigned to investigate (FL)
The state is investigating one of its own now-former regulators after accusations that he abused his power at a condominium he was assigned to investigate, the Department of Business and Professional Regulation confirms. Eduardo Iglesias duped residents into hiring not only his own association management company, but also his wife as the condo’s attorney after […]
Condo association wants city to enforce noise ordinance for Summer Fest (FL)
A big jazz festival may have to shut down by 11 p.m., if people living in a conidium near community Maritime park in Pensacola get their way. Right now, residents are at odds over how loud the Gulf Coast Summerfest Jazz Addition gets. Read the article………………
Battle of the Brickell High-Rises: Panorama Construction Allegedly Damaged Other Towers (FL)
Construction of Panorama Tower and two other towers in Miami’s Brickell District left some common areas and private balconies unusable at nearby condominiums, a lawsuit claims. The work on Panorama, The Bond and 1010 Brickell damaged the nearby two-tower 1060 Brickell Ave. condo tower’s roof, facade, balconies, cooling tower, pool deck trellis and residents’ personal […]
Couple alleges Treasure Island condominium association violated contract (FL)
A couple is suing a Treasure Island condominium owner, alleging breach of contract and statutory duty. Joseph J. Conoslo and Joan M. Consolo filed a complaint July 27 in Pinellas County Circuit Court against Mansions by the Sea Association Inc. alleging violation of the Florida Condominium Act and all other governing documents. Read the […]
Recap of new HOA laws and effective dates (FL)
Q: Thank you for the condominium update a few weeks ago. We understand there are new laws impacting our homeowners’ association (HOA), as well. Would you please recap the changes we need to know about? Read the Q&A……………
Updating Documents Requires Getting Out the Vote (FL)
Q: My condominium association still operates under our original documents from the early 1980s, which have been amended a couple of times. From what we can tell, the documents have never been updated from what the developer gave us. A number of owners want to modernize our documents. However, the declaration of condominium, which we […]
Architectural Committees Cannot Vote by E-mail
Q: I read your recent column stating that e-mail is no longer allowed as a way for HOA board members to vote. Our architectural review committee meets once a month to review and approve applications, but there are often “emergency” situations that arise where owners want approval between the monthly meetings. In these limited situations, […]
New laws applicable to condominiums effective July 1 (FL)
Question: We understand there are new laws impacting condominium associations. Would you please recap the changes we need to know about? Read the Q&A……………..
Owners at 4-year-old condo complex sue Kolter Group, allege construction defects (FL)
The owners association at a four-year-old condominium complex in St. Petersburg sued the West Palm Beach-based developer Kolter Group over alleged construction defects. The condo owners sued Kolter and affiliated companies in Pinellas County Circuit Court, alleging they committed dozens of building-code violations in the construction of the 95-unit Water Club Snell Isle Condominium. Read […]
Owner’s Don’t Have Right to Call in to Board Meetings (FL)
Q: My condominium association is mostly composed of seasonal owners and every member of the board leaves town for the summer. At the last board meeting, the board announced that it intends to post notice of upcoming board meetings over the summer on the condominium property but that all of the board members will be […]
New 2018 Legislation that affects condos, co-ops and HOAs (FL)
This year a 72-page bill (House Bill 841) became law and will become effective July 1, 2018. HB 841 is a mixed bag mostly for condos but a few items also pertain to cooperatives and HOAs. Last month we discussed in detail the provisions in the Bill affecting electrical vehicles, owners, and the rights the […]
County Recognizes 15 Neighborhoods For Building Community (FL)
Fifteen groups and individuals across Hillsborough County have taken top honors in Hillsborough County’s annual Neighborhood Recognition Awards program, recognizing those whose efforts go above and beyond to make a difference. The 2018 countywide awards program highlighted individuals, groups and organizations that have enriched the quality of life in neighborhoods through outreach, improvement projects, volunteer […]
Owners of electric vehicles in condos can now charge up at assigned parking space (FL)
The Florida Legislature looked favorably upon electric vehicle owners this session when it approved House Bill 841; a community association law affecting many aspects of community living including detailed new provisions to accommodate electric cars. A preamble to the new law says: “The Legislature finds that the use of electric vehicles conserves and protects the […]
Cloverplace Condos suit settles during appeal (FL)
Citizens Property Insurance Corp. has settled a lawsuit against it over sinkhole damage in Pinellas County’s Cloverplace condominium community. The settlement, disclosed after a public records request, came Monday — a little more than a month after the state’s insurer of last resort was hit with what the Tampa Bay Times called “one of the […]
Attorney challenges Florida Bar’s recommendation of disbarment, alleges free speech violations
A Miami Beach attorney is fighting disbarment after he claims that he was pursued in bad faith by the Florida Bar and even allegedly threatened by a judge. Peter M. P. Vujin is currently fighting back against recommendations of disbarment by the Florida Bar following a series of events which began in 2009 related to […]
Condo Owes $7.5 Million for Man’s Fall Getting in Hot Tub (FL)
A resident of a St. Petersburg condominium was awarded more than $7.5 million by a jury for injuries he suffered in a fall in a hot tub. In 2008, Ehab Mina, 44, was about to enter the hot tub when he was startled to see it was partially drained, causing him to slip. He injured […]
Florida Supreme Court rejects Escambia County’s request to consider beach tax case
Florida’s highest court has declined to consider a lower court’s ruling involving lease fees paid to Escambia County by Pensacola Beach condominium owners. Wednesday’s announcement by the Florida Supreme Court followed an October decision against the county by Florida’s First District Court of Appeal. At issue is whether the county can collect property taxes on […]
Kaye Bender Rembaum Trounces Bankruptcy Trustee’s Malpractice Claims
Kaye Bender Rembaum defeated allegations by a bankruptcy trustee who accused it of professional negligence and other missteps in its work for a homeowners’s association. But it paid a steep price to do so, as its malpractice insurance premium rose about 50 percent. The Pompano Beach-based firm succeeded on a motion to dismiss Chapter 11 […]
Privé developers to collect $21.6M settlement, ending legal battle (FL)
Developers of the completed Privé at Island Estates have agreed to collect a $21.6 million settlement from the Williams Island Property Owners Association, ending years of litigation over the construction of the luxury two-tower condo complex in Aventura. Read the article…………….
St. Augustine preschool tries to be ‘a good neighbor’ amidst noise complaints (FL)
During recess, the children at Island Prep, a private preschool in St. Augustine, do what every child does during their time on the playground. But all that running around and laughter can be too much for at least one resident in the nearby Ocean Trace subdivision. “It has been peaceful in the last couple of […]
What are the statute requirements for notice of meetings?
Q: What are the statute requirements for a thousand-member homeowners association (HOA) to make known to owners the time and place of committee meetings? Read the Q&A……………
Battle lost: Judge approves 36 foreclosures against Sixty Sixty Resort unit owners (FL)
Lionel Gossaf arrived in Miami from Brussels on Wednesday evening to try to save his unit at a Miami Beach condo-hotel that has been at the center of an epic fight with the Port Orange, Florida-investment company Schecher Group. But he learned he had already lost the battle. Read the article……………
Couple blames Largo condominium owners for husband’s lung ailment (FL)
A St. Petersburg couple is suing a Largo condominium operator and owners, alleging negligence and failure to warn. William Patrick Greene and Terry Lee Greene filed a complaint Feb. 1 in Pinellas County Circuit Court against Shipwatch Yacht Club Condominium Association, Inc. and Resource Property Management Inc., alleging failure to warn of the risks of […]
Foreclosure fight heats up: Trial could give Schecher Group nearly complete control of Miami Beach’s Sixty Sixty Resort (FL)
An investment company could score a major victory this week in its alleged hostile takeover of a 1990s Miami Beach condo-hotel. Miami-Dade Circuit Judge Beatrice Butchko has set a three-day trial beginning Tuesday to decide the outcome of foreclosure lawsuits the Schecher Group has brought against 35 unit owners at the Sixty Sixty Resort at […]
Ecuador’s former central banker sues Privé developers to cancel $3.6M condo contract (FL)
A top South American banker is looking to back out of purchasing a $3.6 million unit at Privé at Island Estates, alleging that ongoing lawsuits between the developers and neighboring homeowners could have a significant negative impact on the condo’s value and marketability. Read the article……………..
Privé developers win $26M jury verdict against Williams Island homeowners (FL)
Builders Gary Cohen and BH3 are walking away with a $26 million jury verdict against the Williams Island Property Owners’ Association, which had sought to stop the luxury two-tower development since 2013. On Tuesday, after a seven-day trial, a jury in Miami-Dade Circuit Court ruled that the association breached a 1982 agreement requiring it not […]
How long should documents be maintained by the association?
Q: Our condominium association conducted a vote many years ago to approve the lobby renovation. There is now a dispute over whether the vote passed or whether certain aspects of the renovation were disclosed. The association says they don’t have the proxies or notices. Is the association required to keep these documents?
Can you speak at an association meeting with a proxy? That depends
Q: My condo association is going to have our annual meeting and our neighbor is going to be representing her son at this year’s meeting. She understands that as a limited proxy she can only vote the will of the owner, and she will be voting according to his wishes. Her son has some comments […]
A quorum that can’t be questioned (FL)
QUESTION: We are a small HOA community with 50 homes and an approximately $180,000 budget. As the time comes near to do the compiled financial statements that are required by F.S. 720.303(7), we are looking at ways that we can better handle those requirements. We would like to hold a membership meeting to approve a […]
Hollywood Beach Resort Associations Sue Ex-Property Manager (FL)
The beachfront Hollywood Beach Resort hotel and timeshare is embattled in lawsuits, and the latest alleges a former management company turned a blind eye to improper dealings by former board members and aided the diversion of association money. The Hollywood Beach Resort Condominium Association Inc. and the Hollywood Beach Hotels Owners Association Inc. are suing […]
Quorum needed to conduct association business
Q: I keep seeing the term “quorum” in the materials for my condominium association’s annual meeting. Can you explain what a quorum is? Read the Q&A…………….
Woman files suit against Wickham Park Homeowners Association over fall allegedly caused by sprinkler head (FL)
A Polk County woman alleges the negligence of a landscaping company and others caused her to fall at a rental property. Kathleen Listen filed a complaint on Nov. 30 in the 9th Judicial Circuit Court of Florida – Orange County against Wickham Park Homeowners Association Inc., Platinum Landscaping and Andrew Santelli, alleging negligence. According to […]
Can condo association budgets be discussed in secret? (FL)
Q:Our condominium association adopted the 2018 budget last week and it was a total shock to everyone in the room. The board claims it was the first time they had seen the proposed budget and there were multiple increases. The board kept saying they were following the committee’s recommendation and adopted the budget. What committee […]
Builders and developers – and lawmakers – could lead way for smoke-free communities
It’s the time of year to make your New Year’s resolution. Do you want to live a healthier life in 2018? Cigarette smoke is still the No. 1 cause of death and disease in our country. Since 1965, cigarette smoke has caused the premature deaths of more than 20 million Americans. Since 20 percent of […]
Orange County homeowners association accuses developer, contractor of negligence (FL)
An Orange County homeowners association is suing a developer and contractor, alleging breach of implied warranty, negligence and vicarious liability. Lake Burden Townhome Association Inc. filed a complaint Nov. 16 in Orange County Circuit Court against KB Home Orlando LLC, LBK Development LLC, Burden Townhome Partners Inc. et al., alleging they failed to exercise reasonable […]
Treasure Island condo tenant blames owners for flooding, injuries (FL)
A New Hampshire woman is suing the owners of a Treasure Island, Florida, condominium, alleging negligence led to flooding and injuries. Deborah Rowles filed a complaint Nov. 8 in the Pinellas Circuit Court against Sunsational Beach Rentals LLC, Surf Beach Resort Condominium Association Inc. et al.,, alleging they failed to use due care to maintain […]
Email between directors to communicate is permitted, voting is not
Q: I am member of my condominium’s board of directors. Our directors are in constant contact via email in the weeks leading up to our quarterly meetings and our manager keeps us informed via email. I am concerned that I have seen some comments in emails that are not appropriate for distribution to the membership […]
Can my association send notices electronically?
Q: I live in a large condominium association with over 300 units. Notice of all the membership meetings are still done the old-fashioned way by making copies and placing the notices in the mail to the owners. This seems like a big waste of time and money. What is required for associations to start noticing […]
No flood insurance for the condo? It’s potentially negligent to go uncovered (FL)
Q: We own a unit in a small condominium. Until recently, we have had flood insurance although we are not in a flood zone. Now a new owner is pushing for it, and the board is caving in. Are they legally required to have flood insurance if most owners do not want to pay the […]
Miami Beach Commercial Condominium Unit Owners Embroiled in Legal Battles
Now, Tequila Chicas and the owners of some of the units, including those occupied by the Mexican restaurant, have sued the condominium association and the owners of other units, some of whom sit on the condo board. The plaintiffs allege the defendants have conspired to force a fire sale of the building to gain ownership […]
Year-end surplus treatment in board’s hands (FL)
Q: What must be done with a condominium association’s operating surplus at the end of the year? Is it true that it must be returned to the owners in the form of payment or a credit to next year’s budget or assessment? Read the Q&A…………..
Sandestin Resort Lawsuit Settled (FL)
For years, Sandestin Investments and it’s founder have been battling back and forth with the Homeowner’s Association at the popular resort. However, one of the battles may soon be over. The ongoing dispute between the Sandestin Homeowners Association and Sandestin Investments with founder Tom Becnel, went before the Walton County Commission Tuesday, to get their […]
Can condo owners force cancellation of cable provider contract? (FL)
Q: The board of directors of our condominium has recently voted to sign a contract with Comcast that would provide cable and internet service for the entire community. I understand that under Florida condo law there is a provision that allows the membership to force a community wide vote to rescind that contract. Is this […]
Pensacola Beach neighborhood says dog park needs to move (FL)
Citing concerns about poorly behaved dogs and dog owners, a Pensacola Beach homeowners association is asking Escambia County to move a beachfront dog park to a more secluded area. The association, which represents the De Luna Point neighborhood, wants the beach dog park located off Fort Pickens Road moved further west between Park West and […]
Can condo association members vote to rescind a contract?
Q: Our Board of Directors of our Condominium has recently voted to sign a contract with Comcast that would provide cable and internet service for the entire community. I understand that under Florida condo law there is a provision that allows the membership to force a community wide vote to rescind that contract. Is this […]
Court rules Privé’s sidewalk, built through homeowners’ properties, is illegal (FL)
A judge has deemed Privé at Island Estates’ sidewalk, built through homeowners’ properties, is illegal, as the years-long war between the condo developers and their Aventura neighbors wages on. Several nearby homeowners and the Island Estate Homeowners Association had filed suit against the developers in 2014, alleging that the sidewalk constituted trespassing. The developers had […]
Who is responsible to repair or replace enclosed lanai after hurricane?
Q: I enclosed my condominium lanai five years ago. The enclosure was damaged by hurricane Irma and my neighbors are telling me that the condominium association is responsible to repair/replace the enclosure. Who is responsible? Read the Q&A…………..
Florida Bar clears Poinciana attorney of complaint filed by arbitrator
Tom Slaten, an attorney who represents the Association of Poinciana Villages, has been cleared by the Florida Bar of a complaint lodged by a state arbitrator. The August complaint was by Terri Leigh Jones, an arbitrator for the Department of Business and Professional Regulation, who said she had an “ethical duty” to report Slaten. Her […]
HOA board wants mandatory membership of golf club
Q: I live in a gated community that has a golf course. The HOA and golf course are separate entities. As a member of the HOA, I am not required to be a member of the golf club but rather it is voluntary. The HOA board wants to make it mandatory that all HOA members […]