Living in a Florida high-rise? Here’s how to meet new deadlines for condo reserves

Condos have new financial requirements, and homeowners could feel it in the wallet. Florida is requiring all condo associations with three-story buildings or higher to file an inspection report that focuses on different parts of a building and the expected cost to renovate or maintain them.     Read the article…………………………….

A Reference Guide to Becoming an HOA Board Member (FL)

Effective July 1, 2024, significant changes to Florida Statutes (Chapter 720) regarding Homeowners Associations (HOAS) have been enacted. If you are interested in becoming a board member of your homeowners association, here is a quick reference guide to the main highlights of this past legislative session that you will need to know:   Read the article…………………………….

The Role of Community Association Law in Managing Your Condo or HOA

In Florida, community associations such as condominium associations and homeowners associations play a vital role in managing shared living communities. Understanding community association law is crucial for both board members and residents to ensure smooth governance and compliance.   Read the article…………………………….

Condominium Insurance Coverage for Hurricanes: What Florida Statute 718.111(11) Means for Unit Owners and Associations

In the wake of Tropical Storm Debbie, Hurricane Helene and Hurricane Milton, many condominium associations in Florida are making significant repairs.. Both associations and unit owners are discovering the impact of Florida Statute 718.111(11) on their insurance responsibilities. This statute, part of Florida’s Condominium Act, outlines requirements for insurance coverage and responsibilities for both the […]

What Is the Difference Between Mediation and Arbitration? (FL)

Whether you are a member of a condominium association or homeowners’ association, the respective statutes require the owners and the association to engage in alternative dispute resolution for certain disputes before a complaint is filed in court. The two types of alternative dispute resolution recognized by the Condominium Act and the Homeowners’ Association Act are […]

Condominium Officers, Directors and Managers Who Solicit, Offer to Accept, or Accept “Kickbacks” Now Commit a Felony of the Third Degree (FL)

Florida lawmakers revised Chapter 718, Florida’s Condominium Act, once again following the 2024 Legislative Session through House Bill 1021, which was signed by Governor DeSantis and became effective July 1, 2024. One of the most surprising revisions to some, was the addition of criminal penalties for certain conduct in violation of Chapter 718.    Read the […]

Fire Sprinkler and ELSS Deadlines Extended by Florida Fire Prevention Code (FL)

For those of you who own a condominium unit in a high-rise building, you are keenly aware of the many changes through the years to the fire safety requirements for high-rise buildings. The Condominium Act, in Section 718.112(2)(n), Florida Statutes, currently states that all high-rise buildings had to retrofit with either a fire sprinkler system […]

Fire Sprinkler and ELSS Deadlines Extended by Florida Fire Prevention Code

For those of you who own a condominium unit in a high-rise building, you are keenly aware of the many changes through the years to the fire safety requirements for high-rise buildings. The Condominium Act, in Section 718.112(2)(n), Florida Statutes, currently states that all high-rise buildings had to retrofit with either a fire sprinkler system […]

Condominium Officers Directors and Managers Who Solicit Offer to Accept or Accept Kickbacks Now Commit a Felony (FL)

Florida lawmakers revised Chapter 718, Florida’s Condominium Act, once again following the 2024 Legislative Session through House Bill 1021, which was signed by Governor DeSantis and became effective July 1, 2024. One of the most surprising revisions to some, was the addition of criminal penalties for certain conduct in violation of Chapter 718.   Read the […]

What is the Difference between Mediation and Arbitration?

Whether you are a member of a condominium association or homeowners’ association, the respective statutes require the owners and the association to engage in alternative dispute resolution for certain disputes before a complaint is filed in court. The two types of alternative dispute resolution recognized by the Condominium Act and the Homeowners’ Association Act are […]

SIRS Reporting Form Now Available (FL)

As you may be aware, recent updates to the Condominium Act (ss. 718.112(2)(g)9 & 10, F.S.) and the Cooperative Act (ss. 719.106(1)(k)9 & 10, F.S.) require associations to submit a statement to the Division within 45 days of receiving their structural integrity reserve study (SIRS). This statement must confirm that the study has been completed […]

Florida’s new condo laws recognize the total price of living on the beach

Nearly a million Florida condo owners face an important deadline at the end of the year. That’s when a law passed in 2022 requires most Florida condo associations to submit inspection reports for their buildings and to collect money from owners to pay for any needed repairs.   Read the article…………………………….

Ease the Snowbird Transition (FL)

Welcome back, snowbirds! Many of our Florida communities have large populations of snowbirds—residents who reside “up North” during the summer and in sunny Florida for the winter months. Snowbirds have been traveling to Florida in one form or another for over 100 years. The population of Florida increases by more than five percent every year […]

Budget Season is Approaching (FL)

If your condominium association has a fiscal year that follows the calendar year, it is about that time of year to begin thinking about next year’s budget. The Budget and Reserves Manual from the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares and Mobile Homes recommends that associations start gathering information to […]

Corporate Transparency Act Compliance and How to File Your Association’s Report

The Corporate Transparency Act (“CTA”) was enacted in 2021. The CTA requires that on or before January 1, 2025, all cooperatives, condominiums and homeowner’s associations (collectively, “Associations”) are required to file certain information with the US Treasury department, Financial Crimes Enforcement Network (“FinCEN”). This law requires businesses that are registered with their state’s division of […]

Understanding the Importance of Reserves for Your Condo or HOA in 2024 (FL)

As a board member of a condominium or homeowners association (HOA), managing your community’s reserve funds is a critical task. Reserves are your association’s financial safety net, set aside for future repairs and replacements. In 2024, with new Florida laws tightening regulations around reserve funds, having a solid financial plan in place has never been […]

Security Camera Videos as Official Records of a Condominium or Homeowners’ Association (FL)

Condominium and homeowners’ associations frequently install security cameras at various locations throughout the association property. In some instances, the cameras are monitored live, and images are recorded, and in other instances the images are simply recorded and available for retrieval in the event circumstances warrant their review. In most cases, the videos are automatically overwritten […]

Hurricane Damage and the FEMA 50% Rule: How to Approach Home Repairs in Flood Zones

In the wake of Hurricane Debbie, Hurricane Helene, and now Hurricane Milton, which have left widespread devastation in southwest Florida, there is no storage shortage of property owners dealing with the aftermath of flooding. As remediation begins, a common question is the FEMA 50% rule. The 50% rule, while always applicable to home improvements or […]

The Body of Water Doctrine (FL)

We too often here about a child drowning in a body of water. So many of our beautiful communities are built next to a natural lake or contain man-made lakes. It begs the question…..Can a developer face liability if a child drowns in a river or other body of water? That question was answered in […]

Crunch Time: Implementing Structural Integrity Reserve Study (SIRS) Requirements (FL)

With budget season and the Structural Integrity Reserves Study (SIRS) deadline fast approaching, condominium associations should already be considering how they will implement SIRS-related obligations and the timing in which funding will begin. Condominium associations that haven’t yet obtained their SIRS should already be making arrangements to do so prior to the end of the […]

Navigating Hurricane and Storm-Related Insurance Claims for Florida Community Associations

Over the last decade, Florida has faced the destructive force of numerous hurricanes and tropical storms. Some of the most notable hurricanes include Hurricane Irma (2017), Hurricane Michael (2018), and Hurricane Ian (2022), each leaving behind billions in property damage and economic losses. These storms have severely impacted condominium, homeowner (HOA) and townhome community associations.  […]

The Ultimate Guide to Hurricane Preparedness for Home Owners

Each year, an average of ten tropical storms develop over the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico. While many of these storms remain over the ocean, about six will typically strengthen into hurricanes, with two reaching major hurricane status with winds greater than 110 mph. In an average three-year period, roughly five hurricanes […]

How to Prevent Confrontation in Community Associations

Last year, there was a disturbing trend of confrontation – some of which even became violent between condominium owners or homeowners, and their association board members. From our own back yard to across the globe, there were several instances of multi-family housing residents whose disputes were bad enough to make the news.     Read the […]

Appeals Court Makes It Clear Even to a Small HOA: Allow Access to the Association’s Official Records or Else (FL)

Wayside is a small, ten-home, self-managed homeowners’ association located in Seminole County. Pecchia and Porter both respectively own homes within Wayside. As members of the association, Pecchia and Porter were concerned that Wayside was failing to adequately maintain the association’s common elements, and that it also was not enforcing violations of the CCRs against homeowners. […]

Florida’s Latest Condo Rider Update: What Real Estate Professionals Should Know

The Florida Realtors have recently provided a new Condo Rider that will be in use starting October 1, 2024. The Condo Rider now reflects recent amendments in the last legislative session to Florida Statute 718, which is the governing statute for Condominiums in Florida. In particular, while many in the real estate community anticipated further […]

Upcoming Deadlines for Florida Condos and HOAs

As 2024 approaches its last quarter, Florida condominium and homeowners’ associations must stay on top of important, upcoming deadlines. Compliance with state regulations helps avoid penalties, keeps communities running smoothly, and ensures effective governance. Below are some key deadlines and requirements for condos and HOAs in Florida to consider:   Read the article…………………………….

Looking to buy or sell a condo unit? Get to know your building’s structural inspection reports (FL)

Becoming familiar with two structural inspection reports that condo associations are required to submit this year can save buyers money or help them avoid making an expensive mistake.  Sellers will need to know what’s in their associations’ Milestone Inspection report and Structural Integrity Reserve Study before closing on a used condo unit as well, and […]

Handling Discrimination and Fair Housing Issues in Condo Associations

Condo associations are bound by federal and state fair housing laws designed to prevent discrimination and promote equal housing opportunities for all residents. Understanding these laws and implementing non-discriminatory practices is essential for board members and property managers in Florida to maintain compliance and protect residents’ rights.   Read the article…………………………….

Navigating Special Assessments in Florida Condo Associations

Special assessments are a critical tool for condo associations to fund major repairs, improvements, or unexpected expenses not covered by regular dues. Understanding the legal framework and procedural requirements for imposing special assessments in Florida is essential for board members and property managers.    Read the article…………………………….

Legal Responsibilities of Condo/HOA Board Members in Florida

Condo and HOA board members play a pivotal role in governing community associations, ensuring operational efficiency, and protecting the interests of homeowners. Understanding their legal responsibilities under Florida law is essential to fulfill their duties effectively and avoid potential liability.   Read the article…………………………….

Condo Association and HOA Budgeting Best Practices in Florida

Budgeting is a cornerstone of financial management for condo associations and HOAs in Florida, ensuring sufficient funds for ongoing maintenance, repairs, and community improvements. Adopting best practices in budget preparation and management is essential for board members and property managers to promote financial stability and meet the needs of homeowner  Read the article…………………………….

Why Owning (and Buying) a Florida Condo Has ‘Turned Into a Nightmare’

The deadline for the required building inspections is Dec. 31, 2024. Proponents of the legislation say it’s necessary to prevent another tragedy, since many of these buildings have avoided funding structural repairs for decades. But for the people living in them — many of them retirees or second-home owners — the dream of living in […]

Guarding Against the Unauthorized Practice of Law

The unauthorized practice of law poses significant legal and financial risks to both community association managers (CAMs), board members, and the communities they serve. The Florida Supreme Court has consistently ruled on the boundaries of lawful conduct for non-lawyers, particularly in the context of community association management. These rulings underscore the importance of distinguishing between […]

The DBPR Now Has Broader Authority to Investigate and Enforce Compliance (FL)

It wasn’t so long ago that Florida’s Department of Business and Professional Regulation (the “DBPR”) had little jurisdiction over the operation of condominium associations after their developer turnover meetings, and, what little jurisdiction the DBPR had over associations after turn over, was often exercised by providing warnings and board member education to associations that were […]

Condo Crisis Now Requires Action by Florida Supreme Court

At an event in Miami Lakes on Sept. 9, Gov. Ron DeSantis stated that opportunities will exist before the end of the year for the Florida Legislature to pass “reforms and relief” for condominiums. He went on to say that the state’s lawmakers do not have until March or April to act, suggesting that they […]

Can a Condo Prevent Ownership of More Than One Unit? (FL)

Oftentimes, condominium associations amend their documents in an attempt to prevent an owner from owning more than one condominium unit. The question is, can that legally be done?  The case of Tropicana Condominium Ass’n, Inc. v. Tropical Condominium, LLC, 208 So.3d 755, 759 (Fla.App. 3 Dist., 2016) truly lays out many tests that courts must […]

Speeding in HOAs

…..an educational webinar with Michael Kassower from Frank Weinberg Black to discuss speeding in HOAs.    Watch the video………………………….

HOA Legal Update 2024 (FL)

We recently held an educational webinar with Jeffrey Rembaum from Kaye Bender Rembaum to discuss the HOA legal update.   Watch the video………………………….

Florida Reserve Funding Methods: Component, Cash Flow, and Making the Switch

In Florida, there are numerous strategies associations can utilize to fund reserves, but there are two primary methods of calculating annual reserve funding requirements: the component method (straight line or restricted reserves) and the cash flow method (pooled reserves). Funding using the component method was legally required in Florida for decades, meaning reserves were only […]

Tips for Creating a Successful HOA Newsletter

An HOA newsletter is more than just a communication tool; it is a vital link between the board and residents, fostering community spirit and keeping everyone informed on upcoming events and critical deadlines. To ensure your HOA newsletter is successful, follow these tips      Read the article…………………………….

Creating an Effective Annual Calendar for Your Condo Association

The first step in crafting an effective annual calendar is to identify key dates and events that are essential to your condo association. Compiling recurring and non-recurring activities such as board meetings, maintenance schedules, annual inspections, social gatherings, and holiday celebrations requires time.    Read the article…………………………….

Understanding and Managing HOA Elections and Voting Processes

Homeowner’s association (HOA) elections are one of the most important processes within your community to ensure effective governance and representation…….Preparation is the foundation of a smooth and successful HOA election. While there can always be unforeseen circumstances, reviewing the association’s by-laws and governing documents can give you a clear understanding of the HOA’s election procedures, […]

How to Conduct a Successful HOA Community Feedback Survey

Conducting a feedback survey is an invaluable tool for homeowners associations to gauge resident satisfaction, identify issues, and improve community management…..The success of a feedback survey begins with thorough planning. Start by defining the survey’s objectives by asking yourself what specific information you are seeking. Some common objectives include assessing member satisfaction, gathering opinions on […]

Steps to Improve Communication Between HOA Boards and Residents

Effective communication between homeowner’s association (HOA) boards and residents fosters a collaborative community. Clear and open dialogue helps address concerns, share information, and build trust. As a leading Wesley Chapel association management company, we have seen firsthand how implementing the following five steps enhances the communication between your HOA board and residents.    Read the article…………………………….

Warning…..If You Still Think It Won’t Happen…. (FL)

While those of you who live in condominiums that were not well maintained and did not put away money in reserves may find it hard to believe, but the 98 victims of The Champlain Towers made Florida condominiums a better place to live. They have made them safer and more financially secure. Sure, there is […]