Q: Our condominium does not have any options in the by-laws or other documents to fine a person. The only action we can take is to deactivate their key card to the clubhouse and pool. Read more……..
Florida Supreme Court To Hear Citizens Insurance ‘Bad Faith’ Dispute
In a case stemming from Hurricane Ivan a decade ago, the Florida Supreme Court on Tuesday will hear arguments about whether the state-backed Citizens Property Insurance Corp. can face a “bad faith” lawsuit because of its handling of a damage claim. Read more……..
Homeowners’ group voting on language changes
Q: The board of directors of my homeowners’ association recently sent out proposed amendments to our declaration of covenants and restrictions. The amendment we are being asked to vote on includes the new language the board wants to add but does not call out the changes by underlining the new language and crossing out what […]
Who pays when a leak damages the unit below?
Q. I live on the top floor of a three-story condominium. Recently, the owner below my apartment reported that he had a water leak, apparently from my tub/shower. Who is responsible for the repairs? Read more……..
Dear condo owner: Move out now
In Florida, condominium owners are outraged about a state law they say undercuts their property rights. Stephanie Krasowski spends almost every night looking for ways to save her home. She’s not in foreclosure or financial distress, but she still may be forced to sell her condo by the end of this month, reports CBS News […]
Slots campaign (FL) accused of ‘buying votes’ with checks to (some condo) leaders
When Hollywood condominium leader Murray Cohen got a check in an otherwise empty envelope from the pro-slot machine group Yes for Better Schools and Jobs, he was puzzled. Cohen is for approval of the referendum, which would allow Las Vegas-style slot machines at racetracks and jai-alai frontons, but said he had not agreed to work […]
Condo board’s proposal about lockbox ill-advised
Q: The board of directors of the condominium where I live is considering placing a lockbox which contains a key to all of the units somewhere on the property. The idea being that if someone gets locked out of their unit, they can use a combination to open the lockbox to get a key and […]
Can homeowner challenge new open-door policy?
Q. Recently the board of directors of our homeowners association amended our bylaw that requires garage doors to be closed at all times except when we’re leaving or entering the garage. We are a large family with different working hours and usually leave the garage door open during the daylight hours. This change will require […]
Condo manager wants reserves kept in ‘pool’
Our condominium association recently hired a new manager. She tells us that we should set up our reserve accounts in a “pool”. Can you explain what this means to us? Read more………
New owner doesn’t meet condo’s age restriction
Q: I live in a 55-and-over condominium. A neighboring property recently was sold at a foreclosure auction to a young couple who moved in with their small children. This goes against the rules of our community. Is there anything we can do? Read more……..
New owner doesn’t meet condo’s age restriction
Q: I live in a 55-and-over condominium. A neighboring property recently was sold at a foreclosure auction to a young couple who moved in with their small children. This goes against the rules of our community. Is there anything we can do? Read more……
Can HOA board members vote by email?
Q. Your column is very helpful. Chapter 718 statute prohibits boards from voting on issues via email. Does this also apply to homeowners associations (HOAs)? I have an HOA that insists that they can approve expenditures, etc. with a quorum via email and then formally ratify at the next board meeting. I have told them […]
Palm Beach (FL) condo loses hurricane insurance fight
A Palm Beach County condominium association lost a court battle over a $5 million insurance payout for hurricane damage. Boca Bayou Condominium Association had only received $200,000 from its insurer, Southern Family Insurance, when that company went belly up, and the Florida Insurance Guaranty Association took over its claims. Read more……..
Community Life: Association needs a very large loan
Q: Our condominium association is undertaking a very large repair project involving the structure of our building. It is a several million dollar job, and would involve a huge special assessment. There has been talk of taking out a bank loan. Can the association borrow money for this purpose? Can the association allow some owners […]
“40 Year Inspection” – Your Condo Check-Up
When a condo in Broward County reaches its 40 year birthday, it needs a 40 year inspection, which amounts to an “extensive physical exam.” The goal is to ensure that the building is safe. Accordingly, the two areas that must be examined are: Read more………
Miami (FL) developer and mortgage broker plead guilty to condo fraud
A real estate developer and a mortgage brokerage firm owner in Miami pleaded guilty to engaging in fraudulent condo sales and financing deals. Read more…….
Community Living: Basic rights for co-op shareholders, condo renovations
Q: If the board of a condominium decides to do renovations and does not conduct a vote for approval by the owners, are the owners, by law, obligated to pay the assessment? Read more………
Community Life: Email addresses are private
Q: I am on the board of directors of my condominium association. I asked the management company to forward me a list of owner email addresses so that I could update the owners as to what I have been doing as a new director. I was told that the management company is the custodian of […]
Wi-Fi for all is likely a common expense
Q: If the association were to put in a Wi-Fi (wireless Internet) system for all owners to use, would that be considered a common expense? Read more…….
Statute changes affect board’s use of emails
Q: I own a condominium unit and am confused concerning recent changes to the condominium statute about emails. Specifically, I have heard reports that the revisions to the statute now allow board members to conduct association business by email and not just at board meetings. This would seem to exclude unit owners from participating in […]
Community Living: Are condo owners required to fund renovations made without a vote?
Q: If the board decides to do renovations and does not conduct a vote for approval by the owners, are the owners obligated to pay the assessment? Read more…….
Battle begins for Sarasota County Human Rights Ordinance
The desire for the HRO came out of a conflict with 2013 Venice condo complex, Casa Di Amici, where Nowak rents her condo to her parents. Last summer, the property released a new restrictions that stated any couple—gay or straight—that is defined as being in a domestic partnership is barred from buying a home at […]
Community Life: Amending documents
Q: I am a member of a homeowners’ association. We were recently asked to vote on amendments to the association’s declaration. After reviewing a copy of the proposed amendment that they sent with the notice of the meeting, Read more……….
Community Life: What files are protected?
Q: I am the secretary of our association. I have read all your recent articles about the new condominium laws, but still do not understand what information contained in owners’ files I am permitted to give out. Read more……..
Judge gives homeowners group a 90-day stay in Privé case
A Miami-Dade Circuit Court judge granted a request by a homeowners association to postpone a critical hearing involving the Privé condominium project in Aventura. Read more………
HB 807 covers records, video meetings, email
Today’s column continues our annual review of new laws affecting community associations, condominiums, cooperatives, and homeowners’ associations. This year was a fairly busy one in Tallahassee, with several bills of interest passing out of the Legislature. Read more…….
Appellate Court (FL) Rules in Favor of Association: Fannie Mae Must Pay
The Third District Court of Appeal in the State of Florida ruled in favor of The Alden Hotel Condominium Association against Federal National Mortgage Association on, April 2, 2014, following an appeal of a non-jury trial. According to court documents, Fannie Mae had taken title to one of the condominium units through bank foreclosure and […]
Community Life: Laws affect associations
Today’s column begins our annual review of new laws affecting community associations, condominiums, cooperatives, and homeowners’ associations. This year was a fairly busy one in Tallahassee, with several bills of interest passing out of the Legislature. Read more………
Florida’s Distressed Condominium Relief Act Gets Further Extension of Life
An extension of the Distressed Condominium Relief Act has been approved by the legislature and is under review by Governor Rick Scott. Many were worried that the sunset of the Distressed Condominium Relief Act would prevent owners who bought distressed properties from reselling these properties in bulk. Read more……..
Condo Q&A for May 18
Our board is considering taking a loan against a unit in our condo, to reduce the amount of a special assessment. This unit is owned by the association and is used for an on-site property manager. I would guess it is considered a limited-use common area. Can this be done ? Read more……..
Statutes control when meetings can be closed
Q: The members of our condominium association’s board of directors are debating when the board can discuss matters in “executive session.” Our documents state that we are to follow Robert’s Rules of Order which permit executive session for certain matters. Can you shed light on this issue? Read more………
Community living: Is it possible to merge 3 associations, boards?
Q: We are two condominium (FS 718) and one master (FS 720) associations and three boards of directors. Is it possible to merge all three into one association with one governing board? I understand it would be difficult and wonder if it would be practical. Read more………
New law provides high standards for community managers (FL)
The Florida Legislature just passed a new bill that creates high standards for Florida’s community association managers and management companies. The Governor is expected to sign it. Here is what the law says: Read more…….
Is proof of insurance needed for resident vendors?
Q: Our condominium association uses both residents and nonresidents as vendors to provide a variety of services to our association. Nonresident vendors are required to provide proof of insurance but some resident vendors are not required to provide proof of insurance. How should the association handle insurance by resident vendors? Read more…….
Judge dismisses lawsuit from Skypoint condo owner who said Riverwalk (FL) high-rise will block his view
A judge Wednesday dismissed a lawsuit from a Skypoint condo owner who said a planned nearby high-rise tower would block his “sweeping views of the Hillsborough River.” Read more…….
Condo Q&A: Owner’s boat may sink condo rule
I live in a development of condos and townhouses that has 214 units. Some of the units are one-story pool villas. There is an owner with a two-car garage model who decided to store his boat in his garage when he comes down for the winter season. He trailers it with a hitch when he goes […]
Community Life: Videoconferencing and board meetings (FL)
Q: Can board meetings of a condominium association be conducted using a videoconferencing service, such as Skype, so that both board members and unit owners cannot only hear, but see the business being conducted? Read more……..
CAM bill advances; House (FL) expands homeowner management duties
Community association managers, or CAMs, that operate homeowners associations would have their duties more clearly defined under HB 7037, which passed the House on Friday by a 95-17 vote. Read more…….
Community Life: Is class closed meeting?
Q: Our condominium association recently had a “board certification” class presented to it by the association’s attorney in our clubhouse. Only board members were invited to attend. My contention is that because there was interaction between board members and ideas were probably developed, the meeting should have been posted and all owners should have been […]
Community Association Living – Notice Requirements for Board Meetings and Member Meetings
Very rarely is a statute clear enough to avoid debate by lawyers taking different positions. Even if the law seems to be clear, it will still generate lots of questions with lawyers taking different positions. The notice requirements in Fla. Stat. 720.303(2)(c) are a good example. Read more……..
Condo Q&A: Board eligibility, closed meetings
I own a unit in a medium size, 30 year-old, condo in West Palm Beach. For 30 years, our documents have been interpreted as saying that only unit owners could serve on the board of directors. Read more……..