Condo Association Bylaws May be Path to Board Takeover (FL)

The acquisition of condominium units by investors, including bulk-buyer unit purchasers, has served a critical role in the recovery of the South Florida real estate market. These concerns acquired scores of units at condominium developments during the height of the foreclosure crisis and enabled the associations of many distressed developments to regain their financial footing. […]

Association Lawyers Get New Florida Bar Certification

Condominium association lawyers are celebrating a newly created Florida Bar certification for specialists in condominium and planned development law.  With multifamily developments and related litigation on the rise, proponents say the new certification reflects the nuanced complexities of a niche practice area focused on condo developments, commercial and residential community associations, cooperatives and recreational organizations […]

Certain procedures should be followed in tie votes

Q: My condominium association just had their annual meeting and election. Two candidates tied for the final available spot. The manager told everyone a runoff election would have to be held if the two candidates couldn’t “work it out.”   Read the article………….

Directory information subject to privacy protections

Q: I asked our condominium association for a list of all unit owner e-mail addresses and was refused. We have an “owner directory” that has some e-mail addresses. If the board has new e-mail addresses, shouldn’t they have to give them to me?    Read the Q&A…………

Association should allow political event in clubhouse

Q: I live in a condominium association with politically active residents. One of our unit owners has asked to host a political event at the association’s clubhouse. I fear this event could attract a large public audience and be a burden to our residents. Can our association disapprove the event?    Read the Q&A…………..

New Year, New Legislation Relating to Community Associations (FL)

With the new legislative session beginning January 12th, 2016, we begin the New Year introducing new proposed legislation relating to community associations and note their possible effects on community associations. Representative John Cortes filed three separate bills in late November that aim to redefine the roles of several association departments, boards, and regulations.   Read the […]

Broken Gate Part of Security Concerns in $2.66M Verdict (FL)

Leroy McDonald was killed by burglars in what was supposed to be a safe, gated community.  The 33-year-old father of five was shot while checking up on his cousin’s home in the Briar Oak community in Orange Park, a Jacksonville suburb.  The community advertised itself as secure — but those in charge let a broken […]

Changing security is likely ‘material alteration’

Q: I live in a condominium association that has a guard at our entrance gate. If we change from a live guard to video surveillance cameras to save money, would that be considered a material alteration?   Read the Q&A……………..

Laws differ for condo, homeowner associations

Q: As an association manager, I have a question that has always bothered me. Why are there so many differences between the condominium statute and the law for homeowners’ associations? You would think it would make sense for the two statutes to closely mirror each other, but there are significant differences.   Read the Q&A………….

Be wary of unregulated property insurance companies (FL)

There is a dangerous trend in the property insurance market affecting commercial residential condos. Associations are increasingly becoming insured by unregulated or “surplus lines” companies. By doing so, they risk forfeiting consumer protections against excessive rate hikes, reduced coverage levels and good-faith claims handling. They are also left without the back-up protections provided by the […]

Declaration should define majority for amendment change

Q: I recently received a notice from my condominium about an amendment to our declaration of condominium. The notice stated that this amendment could be approved by a two-thirds vote of the members who attend the meeting. This strikes me as ridiculous. A quorum for a meeting in our association is only half the members; […]

OKO Group pays $48M to buy out Brickell area condo owners (FL)

A unit of OKO Group has paid nearly $48 million to buy out all the condominium unit owners in a building at the south end of Brickell, with plans to create a luxury condo tower, CBRE announced. Miami Waterfront Ventures, a division of the OKO Group, acquired all the condominium units at the 25 Bay […]

Appeals Court Upholds $12 Million Award in Wrongful Death Lawsuit

South Florida law firm Searcy Denney Scarola Barnhart & Shipley PA (Searcy Denney) today announced that a Florida appeals court has now upheld a circuit court’s decision finding three parties negligent in the 2011 death of nine-year-old Andrew Connor Curtis. The lower court awarded Curtis’ estate $12 million, plus interest and costs.  In 2013, a […]

Owner may not deny entrance for lanai inspection

Q: I own a condominium unit but only live in the unit seasonally during the winter. Recently, I received a letter from the association stating that over the next few weeks they would be entering every unit to perform inspections on the lanais  Read the Q&A…………..

No law requiring associations to change its locks

Q: I recently received an email from my condominium association about a law requiring the association to change the locks for all units. We are located in a high rental tourist area. The email stated that within the next few months, all of the locks will be changed and all units that are rented will […]

Can legal counsel represent two parties in complaint?

Q: A unit owner in the condominium where I live filed separate complaints with the Department of Business and Professional Regulation against the condominium association and the management company. The association’s legal counsel represented both the association and the management company    Read the Q&A…………..

Trashcan fine is legal but not fair

Q: I live in a homeowners’ association and the declaration of covenants provides that trash cans may not be put at the curb until 7 p.m. the night before trash pickup. I am new to the community and was not aware of this provision and put my trash cans out at 5 p.m.   Read the […]

Becker & Poliakoff Chief Criticized After Departures

A host of veteran lawyers, primarily in the community association division, have left Becker & Poliakoff in recent months, some citing morale issues and a shift of focus from the traditional condominium practice.  The community association group represents condo and homeowner associations and has traditionally been the backbone of the Fort Lauderdale-based firm.    Read […]

Associations are not required to maintain a website

Q: What information is required to be on a homeowners’ association website? My association maintains a website, but it only contains minimal information. I cannot find the minutes of board meetings, copies of contracts, or insurance policies.  Read the Q&A…………….

Inactivity does not invalidate homeowner’s association

Q:One of our members told the homeowners’ association board that there is a new “rule” that recently went into effect that would invalidate our status as a homeowners’ association. He says that this is because the bylaws have never been revised and we continue to operate under the developer’s original bylaws. Is what he is […]

Condo Q&A

Q: I would like some clarification regarding fees charged by condominium associations. The Florida Condominium Act states that no charge shall be made by the association in connection with the sale or lease of a unit, unless the association is required to approve such transfer and a fee for such approval is provided for in […]

Condo Q&A

Q: I would like some clarification regarding fees charged by condominium associations. The Florida Condominium Act states that no charge shall be made by the association in connection with the sale or lease of a unit, unless the association is required to approve such transfer and a fee for such approval is provided for in […]

Common area improvements not individual’s burden

Q: The Architectural Review Committee in my homeowners association is now charging individual villa owners for work done on the HOA common area. The work includes planting and tree removal.   Read the Q&A…………..

Clarification sought for fees charged by association

Q: I would like some clarification regarding fees charged by condominium associations. The Florida Condominium Act states that no charge shall be made by the association in connection with the sale or lease of a unit, unless the association is required to approve such transfer and a fee for such approval is provided for in […]

Homeowners have right to examine ‘official records’

Q: I recently asked the property manager for my homeowners’ association whether my next-door neighbor applied for approval of an expanded landscaping area, including a new garden area. I was told by the manager that I am not entitled to this information and/or documentation as it is confidential. Is this correct?     Read the Q&A…………..

….foreclosure auction fraud for Tampa Bay (FL) community association

Ellis said bidders who pay an initial fee but never follow through with the property purchase are hijacking online, court-ordered auctions. “We are seeing this happen countywide,” said Ellis. “The fraudulent investor can rent or lease a property for a longer time period before another sale is scheduled, throwing a roadblock in the process,” he […]

Amendments go into effect as soon as they are recorded

Q: My homeowners’ association recently adopted amendments to our declaration. One of the amendments affects new owners’ ability to lease their units. However, a question has arisen as to when the amendments become effective. Are they effective when voted on at the meeting or when recorded in the public records?   Read the Q&A………….

The Many Reasons to Support the Buck-A-Door Campaign (FL)

As a community manager, I attend the monthly educational luncheons presented by Community Associations Institute – Orange County Regional Chapter (CAI-OCRC) and listen to the CLAC “Moment” presented by the Legislative Support Committee. However, I never fully understood what it meant or what impact the California Legislative Action Committee (CLAC) had on our communities and […]

Association should not prohibit permanent flagpole (FL)

Q: I live in a community governed by a homeowners’ association and recently asked permission to install a permanent flagpole on my lot. My homeowners’ association denied the request and stated that the documents only permitted the use of portable and removable flags and only allowed the display of the flag on specific dates. Can […]

Statutes require board members to become certified

Q: I read your blog on “board certification” in condominiums and have suggested to our president that all board members take such a course. I received no reply. I sent a document production request via certified mail and received as proof the “notice of intent to become a candidate” forms with the required state certification […]

Sheltering condo owners from unwanted takeovers (FL)

In the category of Putting Profits Before People, it would be hard to top investor Donald T. Kelly.  The Palm Beach Gardens resident has been hell-bent on buying up all the condo units in a building at Century Village in West Palm Beach, even though it means forcing elderly residents out of their homes.   […]

Amendments to Condominium Termination Law Impede Ability to Terminate (FL)

Responding to perceived abuses in condominium terminations, the 2015 Florida Legislature passed Chapter 2015-175, amending the termination provisions of the Condominium Act.  This statute clears up certain problems experienced in prior terminations while imposing a number of impediments to future terminations.    Read the article……….

(FL) Governor signs HB 643 making condo terminations more difficult

On June 16, 2015, Governor Rick Scott signed HB 643 into law, making sweeping changes to Section 718.117 of the Florida Condominium Act relating to terminations of condominiums. The changes, which are effective immediately, make optional terminations of a condominium more difficult.    Read the article………….

Florida condominium and homeowners associations legislation

As a result of the Florida’s House of Representatives walking out of the 2015 legislative session several days early due to a disagreement with the Senate over Medicare and the State’s overall budget, the much anticipated “Estoppel Bill” (House Bill 611 and the companion Senate Bill 736) which showed all signs of becoming law, did […]

Board vacancies can be filled by appointment or election

Q: In January, our “master association” had an election to fill three seats on the board. There were four candidates. Five months after the election, a board member resigned. For me it would have been entirely logical to replace that board member with the fourth candidate who ran for office.    Read the Q&A………………

Community managers get to keep traditional tasks (FL)

A recent Florida Supreme Court ruling hands a victory to community association managers trying to keep their legal authority over tasks they traditionally perform for condominium boards or homeowners’ associations.  Mark Benson, a longtime community manager in Fort Myers and expert in property management, said managers are happy with the court’s May 14 ruling.   […]

$15 Million Construction Claim Revived on Appeal (FL)

A state appellate court revived a $15 million construction-defect claim that was presumed dead when the trial judge ruled it was filed three days after a no-excuses cutoff.  A panel of the Fifth District Court of Appeal reversed the lower court May 8, deciding the lawsuit made it to the courthouse in time     Read […]

Sarasota Judge rules Colony Association must repair units

Sarasota Judge Rochelle Curley agreed with Sheldon and Carol Rabin and entered a final judgment on May 13 ruling that The Colony Association had failed in its fundamental duty to maintain the 237 units at the long-closed resort and that immediate actions must be taken to remedy the situation.   Read the article…………

$3.35M Construction Defect Award for Pompano Condo (FL)

The condominium association at Pompano Beach’s luxury Sonata Beach Club won a $3.35 million construction defect verdict against the property’s developer and general contractor.  Sonata Beach Club Condominium Association Inc. operates the 16-story condo tower with 64 units, private elevators, Italian cabinets, granite countertops, spa, saunas, steam rooms, 24-hour concierge, security and valet parking.  But […]

Supreme Court strikes down lawsuit against Florida insurer

The Florida Supreme Court is ruling that the state’s major property insurer is immune from certain types of lawsuits.  The state’s high court on Thursday unanimously ruled that Citizens Property Insurance was shielded from a bad faith lawsuit filed by a Pensacola-area condominium association.      Read the article…………

New Home Nightmares: First Coast News Investigates

Each year, tens of thousands of people buy new homes in Florida. Most do so with the belief that a new home will have fewer problems and headaches than an older one.  But a First Coast News investigation has found that some new homes — including those in very prestigious communities, with half-million dollar price […]

Fining committee can not anonymous

Q: We live in a small homeowners’ association and everyone knows everyone else. Is it possible for the association to impose fines but have the members of the fining committee remain anonymous?    Read the Q&A…………