Florida Creates New Grant Program For Condominiums To Replace Roof, Windows, And Other Hurricane Protections

The Florida legislature has recently introduced a new mechanism for condominium associations to receive inspections and potentially government funds to improve their properties. These changes may be found in Florida Statutes, Section 215.5587, which was created through House Bill 1029. This new law takes effect on July 1, 2024 and creates the My Safe Florida […]

How Do Florida’s New Homeowners & Condo Association Laws Affect You?

A number of the bills Florida Governor Ron DeSantis signed into law on May 31 of this year will have far-reaching effects on homeowners (HOAs) and condominium associations, licensed community association managers (LCAMs) and home and condo owners themselves.    Read the article…………………………….

Should I consider mediation for an HOA dispute? (FL)

Homeowner associations (HOAs) play an important role in maintaining community harmony and property values. The HOA achieves this balance by working to ensure those within the community follow the rules. There are times when people do not agree, when a conflict over an HOA rule may arise.    Read the article…………………………….

Review of Condo Law Changes Continues (FL)

This is the second installment of my annual legislative review for 2024. The first segment looked at changes to the condominium laws regarding director education, mandatory website requirements, new board meeting procedures, and the addition of criminal penalties for certain aspects of condominium statute violations.  Today we will look at more changes to the condominium […]

2024 Legislative Update: Changes to Statutes Governing Condominium Associations (FL)

Eisinger Law is pleased to provide you with a summary of the most recent and relevant changes effectuated by the Florida Legislature, (the “Legislature”), and the Governor of the State of Florida, to Chapter 718, Florida Statutes, (the “Condominium Act”), and other Florida Statutes which affect condominiums. Please keep in mind that the effective date […]

Emotional Support Animals: All Bark and Bite A Community Association Perspective (FL)

The Federal Fair Housing Act 42 USC 3601 (the “FHA”) requires housing providers to modify or make exceptions to policies governing animals when it may be necessary to permit persons with disabilities to utilize animals. The FHA prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability.   Read the […]

Behind on COA assessments? Your COA may do these things (FL)

When a resident moves into a condominium, they may have an idea of what to expect as they join their local Condominium Owners Association (COA). This could be the payment of assessments for maintenance and building policies.  However, life sometimes gets hectic which makes it hard to fulfill financial obligations. This is one of the […]

Appellate Ruling and New Florida Laws Stress Open Records in Community Associations

The ruling was issued by Florida’s Fifth District Court of Appeal in a lawsuit filed by owners against their homeowners’ association, the Wayside Estates Homeowners Association located near Orlando in Sanford. The suit, which was brought by owners and association members William Pecchia and Kathleen Porter, stemmed from a formal request they issued to the […]

Annual Legislative Review Begins (FL)

2024 was a particularly active year for community association legislation. There were several hundred pages of legislation affecting condominium, cooperative and homeowners’ associations. Community association legislation is often described as “the good, the bad, and the ugly.” 2024 was a notable exception in that not much “good” appears to have been done.    Read the article…………………………….

Which Flag Can You Fly? (FL)

We all know that the statutes for both condos and HOAs state that owners may display a United States flag in a respectful way, and on certain other days, flags that represent the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, regardless of any provisions in the governing documents dealing […]

Mandate Under s. 720.303(2)(e), Florida Statutes Requires HOA Boards to Consider MRTA at First Regular Board Meeting Each Year

The Florida Marketable Record Title Act (MRTA) is a statute that can have harsh consequences, including the ability to extinguish an Association’s deed restrictions if an Association does not take timely remedial measures, such as preservation of its deed restrictions. Due to Associations failing to take appropriate actions to protect their deed restrictions from the […]

HB 1021: Community Associations (FL)

Florida’s latest community association bill (HB 1021), signed by the Governor on June 14, 2024, relates to the governance of condominium and cooperative associations and the practice of community association management.    Read the article…………………………….

Florida Governor Signs House Bill 429 Into Law

Florida’s Governor signed House Bill 429 into law, a significant legislative development. This bill deals with real property, timeshares and revising the Timeshare Act.  The Timeshare Act applies to all timeshare plans consisting of more than seven timeshare periods over a period of at least three years when the accommodations and facilities are located or […]

Some Other New Association Laws (FL)

While not the ones that got the most attention, there were a few other bills that were signed into law by The Governor involving community associations:  House Bill 59 was signed into law and it requires that Before October 1, 2024, an association shall provide a physical or digital copy of the association’s rules and […]

2024 Legislative Update (FL)

Florida has recently enacted new legislation and implemented changes to various regulations that significantly impact community associations. Many of these changes have either already taken effect or will take effect starting July 1, 2024. To ensure our clients are well-informed about these recent developments in Florida state law pertaining to community associations, we have compiled […]

Hurricane Season: Is Your Community Association Ready? (FL)

The 2024 hurricane season started on June 1st, and associations must prepare and stay prepared for what is forecasted to be a very active season. Proper preparation can avoid confusion and reduce the risk of damage to the property or delay recovery. Here are our six top preparation tips for associations:    Read the article…………………………….

2024 Florida Legislative Recap: SB 382 Modifies Continuing Education Requirements for CAMs

This summer, Governor Ron DeSantis signed several Bills that directly affect condominium, homeowners’, and cooperative associations. On May 17, 2024, Governor DeSantis signed Senate Bill 382 (“SB 382” or the “Bill”), which modifies continuing education requirements for Florida-licensed community association managers (“CAMs”). The Bill is effective July 1, 2024; thus, all CAMs and associations should […]

Florida Condo Associations Impacted by House Bill 1021

Condominium associations throughout Florida will be significantly impacted by House Bill 1021, which Gov. DeSantis recently signed into law. The bill is effective July 1, 2024, although some portions of the law go into effect at a later date. The following are a few highlights of the new law.    Read the article…………………………….

Rounding Up HB 1021’s Impact on Florida Condominiums

HB 1021 (“HB 1021”) covers many topics, including the statutory recognition of condominiums in vertical subdivisions and condominium building safety measures. However, the legislation is also a reaction to a slew of additional issues affecting condominium associations, such as mismanagement and mistrust, ambiguities related to storm protection, and a lack of budget transparency. This article […]

The Future of Condominium Living: Trends and Predictions

The condominium living experience is evolving rapidly, influenced by technological advancements, demographic shifts, and changing lifestyle preferences. As we look to the future, several emerging trends in condominium development and management are shaping the industry. For condominium associations and management teams, understanding and preparing for these trends is crucial to ensuring sustainable growth, resident satisfaction, […]

HB 1203, Effective July 1, 2024, Changes HOA Fining Requirements (FL)

When Florida lawmakers concluded their 2024 Legislative Session, a number of bills passed that affect community associations. House Bill 1203, which was signed by Governor DeSantis and is effective July 1, 2024, changes the game when it comes to fining in homeowners’ associations that are governed by Chapter 720, Florida Statutes.   Read the article…………………………….

Thou Shall Timely—and Completely—Respond to Records Requests: Fifth District Court of Appeal Cracks Down on HOA Obligation to Produce Official Records to Owners

At some point, every community association—whether it be an HOA, condominium, or co-op—has encountered a records inspection request and understands how time consuming they may be depending upon the scope of the request. A new case issued by the Fifth District Court of Appeal (or the “5th DCA”) solidifies the importance of an owner’s right […]

Bill to enhance condo safety measures becomes law (FL)

Condominium associations will have to be more accountable to residents under a measure, crafted with Real Property, Probate and Trust Law Section input, that Gov. Ron DeSantis signed late last week.  HB 1021, by Rep. Vicki Lopez, R-Coral Gables, cleared the House 111-0 on March 1, and the Senate, 40-0, five days later.   Read the […]

Seasonal Residents – stay involved with your Owners Associations (FL)

Seasonal residents of Florida have long been referred to as “Snowbirds” because they come here during the winter months to enjoy our warm weather, beaches, and tropical lifestyle, then head back “up north” for the summer.  For this article, we are talking about owners of Florida properties in Association-governed buildings or communities who only occupy […]

Florida Condominium Terminations: A Comprehensive Guide

Florida’s condominium terminations can be complex and multifaceted, governed by specific statutes and association governing documents. Understanding the legal framework, types of terminations, and the procedural steps involved is crucial for condo owners and associations navigating this path. While the current South Florida climate, terminations are on the rise, not only sought out by developers, […]

Structural maintenance: Fla. condominium prioritizes prevention

When the Champlain Towers South condominium in Surfside, Fla., partially collapsed three years ago this month, Daniel Gonzalez knew he had work to do at The Admiral’s Walk, the 18-story condominium in Boca Raton where he has served as manager since 2009.  Gonzalez called Howard Somers, the condominium’s board president, to develop a plan to […]

Condo reserves a growing issue (Part 2)

A few weeks ago, we wrote about condo and co-op reserves and the new Florida State law. This new law, passed in the wake of the Surfside collapse in 2021, mandates condo and co-op buildings at least 30 years old do milestone structural inspections by Dec. 31, 2024. They must do additional milestone structural inspections […]

New 2024 Florida Legislation Impacting Community Associations

Florida has introduced new legislation and implemented changes to various regulations impacting community associations, many of which have either gone into effect or will go into effect beginning July 1, 2024.  This session, there are four main bills that impact community associations: HB 59, HB 1203, HB 1029, and HB 1021.    Read the article…………………………….

Florida Governor Signs Senate Bill 382 Into Law

After a very active legislative session, we report another legislative update impacting community association managers. Florida’s Governor signed Senate Bill 382, which deals with continuing education requirements and becomes effective on July 1, 2024. Our summary of the changes    Read the article…………………………….

Vertical Subdivisions Receive Recognition in 2024 Amendments to the Condominium Act (FL)

This year’s extensive condominium bill CS/CS/CS/HB 1021 (“HB 1021”) containing amendments to the Condominium Act created a new Section 718.407 entitled “Condominiums created within a portion of a building or within a multiple parcel building.” It provides for, among other things, statutory recognition of what is known in the industry as a “vertical subdivision,” a […]

Florida Law Shifts Control of Mixed-Use Common Areas

A legal fight is brewing over a new state law in Florida that gives developers more control over common areas in mixed-use buildings where residential condos share the premises with a hotel, among other uses.  Mixed-use condo buildings aligned with prominent hotel brands that run them like resorts has been a popular business model in […]

HB1203, HB59 & HB293 to Affect Florida HOAs

On May 31, 2024, Governor DeSantis signed the largest of three new bills that will have a significant impact on homeowners’ associations (HOAs). House Bill 1203, House Bill 59, and House Bill 293 introduce a range of new requirements and regulations that HOAs must comply with. The effective date for HB1203 and HB59 is July […]

HB 293 (2024), Requiring Homeowners Associations to Maintain Written Hurricane Protection Specification Requirements (FL)

On May 29, 2024, Governor DeSantis signed HB 293 (2024), which amends Fla. Stat. Sec. 720.3035 as follows:  Requires homeowners associations to adopt hurricane protection specifications for each structure or other improvement on parcels governed by the Association, including individual lots.    Read the article…………………………….

Fiduciary Duty – Mandatory for Condominium & HOA Board Members

When Florida residential Condominium and HOA Board members are elected or appointed, they automatically and immediately enter into fiduciary relationships with all property owners in the building or community. This means the Association’s Directors and Officers are obligated to put the interests of property owners (Association members) above any personal motivations or views. Words used […]

Governor DeSantis Signs HB 59 (2024), Sets October 1, 2024 Deadline for All Homeowners Associations to Provide Members with Copies of Covenants and Rules (FL)

On May 29, 2024, Governor DeSantis signed HB 59 (2024) into law.  Effective July 1, 2024, HB 59 (2024) amends Fla. Stat. Sec. 720.303 as follows:  Requires an Association to provide a physical or digital copy of the Association’s rules and covenants to each member by October 1, 2024 and to each new member thereafter;  […]

The Documents You Should Retain in Anticipation of 558 Litigation (FL)

Florida law provides condominium associations with a robust framework to recover damages from the developer and contractors for issues related to defective construction. Chapter 558, also known as Florida’s Construction Defect Statute, aims to encourage settlement of construction-related claims without resorting to litigation. However, litigation is sometimes unavoidable. Outlined herein are some of the essential […]

New Florida Law Requires HOAs to Provide Members with Association Rules and Covenants

Florida Gov. Ron DeSantis recently signed into law House Bill 59 regarding the rules and covenants of homeowners associations. Effective July 1, 2024, House Bill 59 requires HOAs to furnish every member of the association, as well as all future members, with either a physical or digital copy of the association’s rules and covenants. Furthermore, […]

Navigating changing laws and regulations: How HOAs and COAs can work with banking partners to plan and prepare

Florida is home to approximately 49,000 homeowner associations (HOAs) and 27,000 condominium associations (COAs), leaving a majority of homeowners impacted by changing association regulations and laws. From dealing with shifts in insurance demands to reserve requirements, HOAs and COAs are responsible for addressing pain points for both the present and future. This tremendous responsibility is […]

Hiring a Building Restoration Management Consultant and Advocate (FL)

In my forty (40) years of managing community associations, and providing building restoration management services, I have experienced a wide range of repair solutions necessary for many different types of construction due to coastal environment corrosion. The aging of buildings along Florida’s coast lines is not consistent, not typical, each is unique, and all require […]

It’s That Time of Year Again…Now What? (FL)

The snowbirds and spring breakers have all returned home. The weather is warmer, and the days are longer. The summer vacationers have not yet arrived but will soon be here. Unfortunately, this also signifies the potential arrival of a dreaded and uninvited guest: a hurricane. While hurricanes are unpleasant, as with many things in life, […]

Hurricane Preparation Shutters language for rules (FL)

This blog post suggests some helpful hurricane preparation language, rules, and advice.  Your association should have a vastly more detailed set of specifications for shutters, etc. base on your history, location, type of construction, and preferences as a group.  However, here are some helpful language to consider when preparing your own set of hurricane preparation […]