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 […]
Miami-Dade State Attorney’s son sues over rodent-infested condo in Coral Gables (FL)
Vermin took over a waterfront condominium in Coral Gables, according to a lawsuit filed recently in Miami-Dade Circuit Court. Justin Rundle, who owns a unit in Waters Edge of Coral Gables at 100 Edgewater Drive, is suing the previous owner Jeanie Fung, listing agent Francine Thomas and Coconut Grove-based brokerage Brown Harris Stevens | Avatar […]
Are there requirements about taking down storm shutters? (FL)
Hurricanes force people to put up storm shutters, but state statutes don’t dictate when they should be taken down. Some homeowners are part-time residents who leave shutters up for months. Local governments can pass ordinances addressing the shutters, according to local county attorneys and fire marshals. Read the article……………..
How can we get access to the records we requested?
Q: Our community is fighting constantly over some needed repairs, and how to pay for them. One of our group has made requested requests to our property manager for the email addresses for all owners. The manager is refusing and only giving us mailing and property addresses. How do we get the email addresses? Read […]
What happens when an owner files personnel bankruptcy?
Q: An owner in our community has been delinquent for a few quarters and is now telling everyone that he is going to file bankruptcy. What does this mean for us? Read the Q&A……………
Can we make someone a treasurer without commitment of being a director?
Q: We have an owner that is a retired CPA and very knowledgeable. He wants to help with the finances, but does not want the commitment of being a Director. Can we make him the Treasurer without being a Director? Read the Q&A…………….
Intracoastal 31 Condominium Association Inc. accused of negligence (FL)
A company is suing Intracoastal 31 Condominium Association Inc. for alleged negligence. Universal Property & Casualty Insurance Company filed a complaint on July 24 in the Broward County Circuit Court, alleging that the defendant breached its duty of good faith and fair dealing. According to the complaint, the plaintiff alleges that its policyholder’s property […]
How to stop a board president helping himself to HOA resources
Q: The president of our community association has been putting in extra landscaping and improvements in the common area in front of his townhome and using community resources to do it. I tried calling him out on it at a board meeting and was ignored. What can I do to stop this? Read the […]
Which rules apply to parking trailers and boats at condominium?
Q: I live in a condominium on Hutchinson Island in St. Lucie County. When we purchased our condominium, we got a trailer space. There are three (3) boards. Recently, one of the boards decided no more trailers, but boats can stay— which take up two parking spaces instead of one like the trailers do. A […]
Board meetings can be held remotely during summer months
Q: Our condominium association is largely empty during the summer months but I continuously receive emails and updates from the board, despite knowing that they are scattered across the country this summer. How can the members attend board meetings if they are not in town? Read the Q&A…………….
Can limited proxy votes by tabulated by HOA board?
Q: HOA environment, limited proxy voting methodology at a special membership meeting to approve special assessment. HOA governing docs do not address this voting situation. Can the Board instruct the property manager to produce during a two-week voting window a spread sheet showing how Members had already voted on this controversial proposal? Can Board instruct […]
Snakebite Victim Waits While Insurance Companies Duke it Out in Court (FL)
The legal machinations involving three insurers duking it out in court over Florida premises liability is overshadowing the suffering of a Florida woman who has undergone various amputation procedures involving her lower extremities following a snakebite on the grounds of her Miami-area condo. Read the article……………..
Ryland Homes accused of breach of warranty, negligence (FL)
A homeowners association is suing the Ryland Group Inc. d/b/a Ryland Homes for alleged breach of warranty and negligence. Summerport Commercial Property Owners’ Association Inc. filed a complaint on June 28 in the Orange County Circuit Court, alleging that the defendant failed to follow applicable safety guidelines and regulations. Read the article……………..
New laws impact community association financial reporting requirements (FL)
Q: My understanding is there are new laws that impact the annual financial reporting requirements for community associations as well as the right to waive these financial reports. Can you explain the changes? Read the Q&A……………
Separate but equal gyms for men and women probably legally OK
QUESTION: I live in a building with two gyms — one for men and one for women, each with a sauna, shower and toilet facilities. Recently I was informed by the condominium president that federal law requires both gyms to be open to both men and women. Is this for real? I understand this for […]
Posting a meeting notice
Q. Our condominium association emailed owners today to give notice of a board meeting that is two days away. Two days’ notice seems way too short. Is there a law that regulates the amount of notice that must be given? Our bylaws state that “Written or printed notice stating the purpose, place, day and hour […]
New term limits for board members applies only to condominiums
Q: I understand there is a new law related to term limits in a condominium. Can you explain it? Read the Q&A……………
Yes, condos can likely make rules on leasing units
QUESTION: Our declaration of condominium contains very specific restrictions regarding rentals. Rental units at any given time will be limited to 20 percent of the total number of units, leases for a period of less than one year are prohibited, no individual rooms may be rented, no transient tenants are allowed, and subleases are prohibited. […]
Are condo associations required to allocate handicap parking?
Q: Our condominium association’s board of directors is wondering if our condominium association is required to allocate parking spaces for “handicap” persons. What does the condominium rules require relating to a condominium association’s duty to provide handicap parking spaces? Read the Q&A…………….
Commentary: New Florida law governs condo association websites (FL)
In today’s digital world, the public’s view of an organization frequently comes with the click of a mouse, leading to a website. Thanks to a new bill governing the operations of condominium associations in Florida, these associations must abide by strict regulations regarding the characteristics of these online properties. Read the article……………….
US Attorney Announces Settlement with Florida Condominium Complex Over Alleged FHA Reverse Mortgage Fraud
On July 20, 2017, acting United States Attorney Stephen Muldrow announced a civil settlement with the owner of a Florida condominium complex over fraudulent reverse mortgage transactions. Defendant had been accused of violating the False Claims Act (“FCA”) and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”). Read the article……………
Are condo associations required to allocate handicap parking?
Q: Our condominium association’s board of directors is wondering if our condominium association is required to allocate parking spaces for “handicap” persons. What does the condominium rules require relating to a condominium association’s duty to provide handicap parking spaces? Read the article…………..
Association wants to fine owners of pickup trucks (FL)
QUESTION: I live in a gated community with homes ranging from $300,000 to $800,000 in value. Our HOA bylaws state that pickup trucks are not allowed to remain in a driveway after daytime working hours. However, several homes have the trucks in their driveways all day and all night, in violation of the bylaws. Read […]
Sand fight! Properties will be skipped in beach renourishment (FL)
A fight over sand! The Pinellas County beaches we all love could be in jeopardy because of 60 missing easement signatures. Despite doing everything the county asked, several beachfront properties won’t be getting sand. 50 Gulfside Condominiums in Indian Rocks Beach is one building that got all 50 of its condo owners to sign off […]
Review of new legislation continues (FL)
Today’s column is the third installment of our annual review of community association legislation. In the first two installments, we covered the requirements for “estoppel certificates.” Today, we will look at House Bill 1237, which contains some significant changes. HB 1237 only applies to condominium associations.
Somerset Chase Homeowners Association alleges townhomes violate building codes (FL)
A homeowners association alleges that the property was negligently constructed and violates state building codes. Somerset Chase Homeowners Association Inc. filed a complaint on June 16 in the 9th Judicial Circuit Court of Florida – Orange County against CalAtlantic Group Inc., also known as CalAtlantic Homes and formerly known as The Ryland Group or Ryland […]
Steps associations should take to adapt to new estoppels law
Q: There are rumors going around about new laws concerning estoppels. Can you summarize the new requirements? Read the Q&A…………….
What you need to know about new estoppels law effective July 1
Q: I heard there is a new law concerning estoppels. Is there anything we need to do? Read the Q&A………….
When should limited proxies or secret ballots be used
Q: I know secret ballots must be used for members present to elect directors. Just after the first of the year, our condo association had to vote on a material alteration. I attended the meeting rather than send a limited proxy so I could vote in secret. But they would only give me a limited […]
Complaint letters are part of association’s official record
Q: I live in a condominium and recently sent a letter to the manager complaining about the occupants of a neighboring unit. When the owner of the unit found out that someone complained, they asked for a copy of the letter. The manager gave them my letter. I feel that this is an extreme breach […]
Isn’t a quorum required for HOA board decisions and action?
Q: I am a newly elected member of a seven member HOA BOD. Our documents talk of ‘board action’ which I read as a majority vote at a duly noticed meeting. One or two members – President and VP – meet with out property manager on a weekly basis and regularly make policy decisions, accept […]
Unit owners can display American or military flags (FL)
Q. We live in a community that forbids owners from displaying any flag. With Independence Day coming up soon, is this prohibition enforceable? Read the Q&A………….
Can board have executive meetings without posting them or keeping minutes?
Q: We are an HOA and our Board is constantly holding, what they call, executive meetings with all Board members present. These meetings are never posted. They transact business at these meetings and don’t keep minutes. These meetings also do not have anything to do with legal issues and the association lawyer does not attend. […]
Can the board increase the number of directors?
Q: Our board of directors has five (5) directors and we want to increase the size of the board to seven (7) directors. We have an active membership and these additional directors would bring a lot of knowledge and experience. Can the board increase the size to seven? Read the Q&A…………..
State orders Poinciana HOA to throw out election (FL)
As state arbitrator on Friday sided with a homeowner who challenged the way Poinciana’s homeowners association, one of the largest in the state, held its election of board members. The arbitrator threw out the Association of Poinciana Villages’ results from a February election and ordered the group to hold a new election in August for […]
Florida HOA’s Can Change Rental Rules
Question: Our homeowners’ association would like to change our current minimum rental period, which is only three days, to a thirty day minimum. If we receive a majority vote for making this amendment, do we have to “grandfather” current owners, some of which own for investing and not for personal use? Read the Q&A………..
Will new laws protect condo owners from apartment conversions and rogue associations? (FL)
….Florida lawmakers this spring unanimously approved a bill that requires condo associations to give owners better access to records and imposes criminal penalties for electoral fraud, theft of funds and conflicts of interest. The measure would become law July 1 if Gov. Rick Scott signs it. Read the article……………….
Miami judge partially derails homeowners’ lawsuit against Privé at Island Estates developers (FL)
Miami-Dade Circuit Judge William Thomas handed the developers of Privé at Island Estates a victory this week in their tumultuous legal war with neighboring homeowners. Thomas ruled Tuesday that the statute of limitations had long expired for the Island Estates Homeowners Association and the Williams Island Property Owners Association to challenge a vested rights determination […]
Flooding leads Fort Lauderdale to consider higher fees (FL)
The rate change would shift costs so that condo owners, and owners of stores, offices, and government properties pay more. The new rates would be based on how much traffic a property generates — a novel, relatively untested method that city commissioners said they aren’t sure they agree with. The idea was proposed by consultant […]
Can a homeowners association deny my tenant with poor credit history?
Q: Can a homeowners association deny my tenant because of a poor credit history? Read the Q&A………………
HOAs can change rental rules
Q: Our homeowners’ association would like to change our current minimum rental period, which is only three days to a 30-day minimum. If we receive a majority vote for making this amendment, do we have to grandfather current owners, some of which own for investing and not for personal use? Read the Q&A……………
Can I run for the condo board if I haven’t paid a fine?
Q: My condominium association imposed a $500 fine against me in 2016 for an alleged violation of the parking restrictions. I never paid the fine because I disputed their allegation and because the board selectively enforces the parking restrictions. When I received the notice for the 2017 annual meeting and election, I submitted my intent […]
‘Test Case’: How Attorneys Defeated a $10 Million Class Action Over Condo Costs (FL)
Putting on “a numbers case” helped the owners of the Hilton Fort Lauderdale Beach condo hotel defeat a $10 million class action lawsuit by residents fuming over a multimillion-dollar spike in maintenance fees. Q Club Hotel LLC owns the property at 505 N. Fort Lauderdale Beach Blvd., which operates under the Hilton brand and includes […]
Water Shortage Restrictions Override Deed Restrictions
Homeowners associations may not require lot owners to pressure wash their homes, or to water or replace their lawns while there are water shortage restrictions in effect. The Southwest Florida Water Management District (“SWFWMD”), the agency responsible for managing and protecting water resources of southwest Florida, has declared that Modified Phase III water shortage restrictions […]
How can we best address repeatedly request for records?
Q: Our condominium association has an owner that repeatedly requests access to the same records, over and over again, and is looking for a smoking gun to use against the Board. It is consuming a large amount of management resources and half of the time his requests are buried in lengthy emails. What can we […]