Many individuals residing in Florida community associations are attracted to their homes by the favorable climate and natural beauty, such as what is found along its beaches. Such conditions have served as the catalyst for much of the development within the state’s coastal areas. However, while the proliferation of communities within Florida’s coastline has allowed […]
Condo Associations Struggling to Find Directors (FL)
The firm’s latest Miami Herald column titled “Do We Have Any Volunteers? Condo Associations Struggling to Find Directors,” was authored by Gabriella M. Ruiz. The article focuses on how rising association budgets and special assessments can be a recipe for hostility and dissent that becomes too much to bear for even the most ardent and […]
Florida Governor Signs House Bill 1029 Into Law
This act intends to provide condominium associations with a program similar to the My Safe Florida Home Program by establishing what is known as the My Safe Florida Condominium Pilot (MSFCP) Program. Eligible condominiums can now apply for mitigation grants to help harden their buildings in an effort to mitigate hurricane damage. Read the article…………………………….
What Can Be Done About Solar Panels? (FL)
If you are living in a Homeowners Association the Board or the Architectural Review Committee generally cannot prohibit the installation of solar panels (or “solar collectors”). A Florida law, F.S. 163.04, provides that any “deed restriction or declaration” or even any “similar binding agreement” may not prohibit — or have the effect of prohibiting — […]
What to Do if You Receive a Complaint or Subpoena
If your community association is served with a complaint or subpoena, you must promptly forward it to the community association’s legal counsel. As explained in this article, receipt of a complaint or subpoena triggers time sensitive legal obligations that can expose your community association to serious liability. Read the article…………………………….
Florida Condos And Community Associations Beware: New Bad Faith Law Adds Negligent Security Lapses To Growing List Of Potential Liability Claims
Enacted in 2023, HB 837 substantially modified Florida’s bad faith laws and the state’s comparative negligence system from a “pure” to a “modified” one whereby a plaintiff who is found to be more than 50 percent at fault for his or her own harm may not recover damages from any defendant. Medical negligence is exempt. […]
House Bill 1029: My Safe Florida Condominium Pilot Program
This act intends to provide condominium associations with a program similar to the My Safe Florida Home Program by establishing what is known as the My Safe Florida Condominium Pilot (MSFCP) Program. Eligible condominiums can now apply for mitigation grants to help harden their buildings in an effort to mitigate hurricane damage. Read the article…………………………….
an a Homeowner’s Association that Allows the Violation of a Restrictive Covenant be Liable in Tort? (FL)
The issue of whether a homeowner’s association that permits a violation of its restrictive covenants is liable in damages in tort was addressed by the Fourth District Court of Appeals in the recent case of Seminole Lakes HOA, Inc. v. Esnard, Case No 4D18-15 (Florida 4th DCA Dec. 19, 2018). In this case, the Association […]
First-of-Its-Kind Injunction for Florida Condo Owners
This first-of-a-kind appellate ruling places significant limitations on the power and rights of developers to take control of condominium associations, amend the governing documents, and terminate condominiums so they may demolish the condominiums and redevelop the property while running roughshod over the individual property rights of innocent unit owners. Read the article…………………………….
Florida Legislature Approves $30M for Condominium Storm-Proofing Grants
The state’s lawmakers passed the bill enacting the new My Safe Florida Condominium Pilot Program with unanimous votes in both chambers, and it is now awaiting its expected approval by Gov. Ron DeSantis. The program, which is an extension of the My Safe Florida Home program that offers grants for improvements to single-family homes, will […]
Architectural Review Committees – Their Powers Get Slashed (FL)
HB 1203 made some major changes regarding architectural review committees. To sum it up, their powers were greatly slashed. Let’s take a look: An association or any architectural, construction improvement, or similar committee of an association must reasonably and equitably apply and enforce on all parcel owners the architectural and construction improvement standards authorized by […]
The Power of Infrared Thermography in Building Inspections
Infrared thermography, a cornerstone of modern infrared inspection, stands out as a non-invasive diagnostic tool, revolutionizing the approach toward preventative maintenance and safety inspection. Utilizing state-of-the-art infrared cameras, this technology makes the invisible visible by capturing the heat emitted from objects in vivid colors, revealing potential issues in electrical systems, insulation failures, and even hidden […]
Understanding Community Association Security Measures and Liabilities
A recent article from the Community Associations Institute in the organization’s excellent Ungated blog focused on important security and liability issues for associations. It discussed how communities can be exposed to legal liabilities for negligent security and crimes occurring on association property. Read the article…………………………….
Beware of Claims Deadlines! Florida Condominiums Have Supplemental and Reopened Claims Statute Deadlines
Florida is the only state to address and provide a statutory definition for a “re-opened claim” or a “supplemental claim.” Florida’s law is not a consumer protection law. Instead, it is an insurance company protection law. The current edition of Florida’s Supplemental and Reopened claims law Read the article…………………………….
Boca Raton Building Recertification Ordinance: A Comprehensive Guide for Building Managers and Condominium Governing Boards (FL)
Fresh off our recent article highlighting Boynton Beach’s new building recertification requirements, we highlight Boca Raton’s updated Building Recertification program. This article covers everything you need to know about Boca Raton’s Building Recertification Program (Ordinance 5589) and the significant changes it makes to the way building recertification is conducted. It ultimately focuses on what it […]
Understanding Community Association Security Measures and Liabilities
A recent article from the Community Associations Institute in the organization’s excellent Ungated blog focused on important security and liability issues for associations. It discussed how communities can be exposed to legal liabilities for negligent security and crimes occurring on association property. Read the article…………………………….
Finally, Education is Required for Board Members (FL)
I think everyone reading this knows how long and how hard I have fought for mandatory education for Board members. I always thought it was disgraceful to allow someone to get certified by signing a dumb form that says I read my governing documents and promise to enforce them. Finally, we have a change in […]
Can’t We All Just Get Along? When to Consider Implementing a Code of Conduct for a Board of Directors
The reading of a community association’s election results can be filled with mixed emotions ranging from anticipation, to worry, to excitement, but those members elected to the board of directors generally are eager and optimistic to make positive changes within their community. Unfortunately, dealing with a multi-member board of directors can have significant challenges, and […]
Crafting and Protecting Your Community’s Trademark (FL)
Has your association ever faced the challenge of a shadow website or social media page imitating your own? Have you discovered your community’s name being used by a business entity without permission? Host Donna DiMaggio Berger, along with guest Valeria Angelucci from Becker’s Corporate Practice, shed light on these common issues. Despite their prevalence, the […]
Collecting on Judgment Liens in Florida
Acquiring a money judgment through the litigation process in the State of Florida can be tough, arduous, and expensive. When a court enters a civil money judgment, it creates a judgment debtor and a judgment creditor. If the judgment debtor fails or refuses to pay the amount of the judgment, the judgment creditor may elect […]
House Bill 1203 – Continued (FL)
If the unit owners elect to do so, they can vote for the association to prepare a lesser year-end statement than what is required by law. The law has changed and now states: An association may not prepare a lesser financial statement than what is required by law for consecutive fiscal years. Read the article…………………………….
Legislature Adds Teeth to Florida’s Community Association Fraud Laws
The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. His article reads:. . . Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to […]
Advice for Community Associations Facing Rising Insurance Costs (FL)
Exorbitant year-over-year insurance premium increases have been difficult to bear for many Florida condominium communities and their unit owners. Past hurricanes and the horrific tragedy of the collapse in Surfside have been cited as some of the causes that have led to skyrocketing premiums for condo communities, and many unit owners are having difficulty keeping […]
Changes to the Homeowners’ Association Act: HB 437 Expands Property Owners’ Rights to Use Their Property (FL)
“Why does the HOA care what I do in my backyard?” is an all-too-common question posed by homeowners. Responsible for maintaining the community rules, facilities, and appearance, homeowners’ associations have an important role in upholding community standards. However, a common complaint amongst owners revolves around their homeowners’ association’s (“HOA”) authority to govern what happens in […]
Legislature Adds Teeth to Florida’s Community Association Fraud Laws
The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to intentionally deface and destroy accounting […]
Video Cameras—for Surveillance Purposes Only (FL)
Many associations have installed video surveillance cameras within the community common areas as a means to provide security for their residents. However, good intentions often lead to unanticipated consequences. In fact the use of video cameras may expose an association to liability. Read the article…………………………….
Advice for Community Associations Facing Rising Insurance Costs (FL)
Exorbitant year-over-year insurance premium increases have been difficult to bear for many Florida condominium communities and their unit owners. Past hurricanes and the horrific tragedy of the collapse in Surfside have been cited as some of the causes that have led to skyrocketing premiums for condo communities, and many unit owners are having difficulty keeping […]
The basics of condo insurance in Florida
Many condominium owners in Florida might wonder about the necessity of availing insurance for their homes, especially as most condo associations already have a master policy in place. Additionally, state law does not mandate homeowners to purchase condo insurance. What does condo insurance cover, and how is it different from the homeowners association’s master policy? […]
When Law Enforcement Wants the Association’s Records (FL)
An HOA here in South Florida recently fought the State Attorney’s Office tooth and nail when they attempted to obtain copies of the association’s official records. There’s no doubt that as a result of that one HOA, the following law was passed: Read the article…………………………….
Board Member Code of Conduct (FL)
The law specifically provides that Board members have a fiduciary relationship with the owners and requires Board members to disclose conflicts of interest. However, the law does not specifically address acceptable (and unacceptable) behaviors for discharging these responsibilities. As such, a Code of Conduct for Board members is a good idea to have so that […]
Does a Condominium Have to Put Insurance in the Annual Budget? (FL)
I have been asked on a few occasions whether an association has to put insurance in the annual budget or whether it can just wait to determine the amount of the insurance, and specially assess for the same (without a line-item in the annual budget). Insurance costs have doubled, tripled or even quadrupled in the […]
Can Emotional Support Animals Be Prohibited in the Pool Area? (FL)
The issue of emotional support animals in pet-restricted communities is never-ending. Their presence seems to have multiplied by the influx of individuals relocating to Florida. What was considered a “family pet” in the State of origin, suddenly became an emotional support animal in pet-restricted Florida communities. Understandably, individuals with family pets, now being represented as […]
Everything You Need to Know About Concrete Restoration Projects (FL)
At some point, every building will require concrete repairs and restoration. If you’ve ever undertaken a concrete restoration project, you’re aware of the many challenges they entail: substantial costs, lengthy time delays, irritation over hurricane shutters, windows and doors, uncooperative owners and the potential for incidental damage. Read the article…………………………….
My Safe Florida Condominium Pilot Program: Impact to Florida Condo Associations
Recent Florida legislation (HB1029 and SB1366) established the My Safe Florida Condominium Pilot Program designed to enhance the resilience of condominiums against hurricanes. Effective on July 1st, 2024, the program provides licensed inspectors, grants, and guidelines for hurricane mitigation projects funded by $30 million in state funds. Read the article…………………………….
What Do You Mean We Cannot Enforce The Association’s 55-And-Older Provision? (FL)
While the Fair Housing Act (FHA) protects all citizens from discrimination on the basis of race, color, national origin, religion, sex, and disability or familial status (families with children under the age of 18 living with parents or legal guardians, pregnant women, and people trying to get custody of children under 18), there is an […]
Understanding Director Conflicts of Interest in Florida Condominium Associations
In the realm of condominium associations in Florida, directors play a crucial role in decision-making processes. However, their actions must adhere to certain legal standards to ensure transparency and fairness. This article explores key legal cases and statutes that shape the landscape of director conflicts of interest in Florida condominium associations. Read the article…………………………….
Failure to Follow Community Association Governing Documents Leads to Litigation in Florida
A recent opinion out of Florida’s Third District Court of Appeal stresses the importance to read, understand, and follow community association governing documents before initiating any amendments that alter the substantive rights of the association’s members, especially one as critical as the required vote to terminate an association altogether. Read the article…………………………….
How does a condominium assessment lien work? (FL)
Condominium associations have various tasks that require them to interact with unit owners, such as collecting overdue fees or payments. These delinquent dues can impact all other unit owners, requiring the association to respond appropriately. Sometimes, sending notices can be enough to collect these fees, but other scenarios may call for further actions, such as […]
HB 1203: Lots of New Protections for Members Living in HOAsMakes It Harder for CAMS (FL)
House Bill 1203 and SB 7046 merged to eventually create a huge bill for the protection of homeowners in HOAs. It starts by placing lots of responsibilities on community association managers. A community association manager or community association management firm that is authorized by contract to provide community association management services to a homeowners’ association […]
Ruling Finds Corporate Transparency Act Disclosure Requirements Are Unconstitutional
A recent federal ruling has created some confusion for all those who have been following the new financial disclosure and filing requirements under the Corporate Transparency Act (CTA). Earlier this month, the U.S. District Court for the Northern District of Alabama issued a final declaratory judgment in a case challenging the law that was brought […]
Navigating Financial Challenges: Structural Integrity Reserve Studies
Ensuring the structural integrity of buildings is a primary concern for community associations in Florida, where climate and weather events can pose a significant threat to buildings and their residents. Structural Integrity Reserve Studies (SIRS) address this by offering crucial insights into a building’s condition and future maintenance needs, safeguarding buildings against potential damage and […]
Dos and Don’ts of Election Challenges in Community Associations (FL)
Pursuant to their relevant statutory provisions, election disputes that take place in condominium, homeowners’, and cooperative associations are subject to mandatory nonbinding arbitration before the Division of Florida Condominiums, Timeshares, and Mobile Homes (the “Division,” for short). It is referred to as “nonbinding” because the arbitrator’s order is not final until 30 days after its […]
Lawmakers criminalize kickbacks and concealing records at condo, homeowners associations (FL)
Florida lawmakers boosted repercussions against community association board members and managers who go rogue, including criminalizing kickbacks and hiding records. This session, the House and Senate passed two condo and homeowners associations bills. They require Gov. Ron DeSantis’ signature to become final. Read the article…………………………….
Homeowner challenges HOA over solar panels (FL)
Solar panels are devices that convert sunlight into usable electricity. They have been gaining popularity in recent years as homeowners seek ways to reduce their utility bills, as well as their carbon footprints. A Florida homeowner is reportedly feeling frustrated, however, regarding solar panel installation on a roof. The Homeowners Association where the individual lives […]
Lawmakers set sights on broadband, TV ‘advisers’ (FL)
Lawmakers passed several bills related to homeowner and condo owner associations this year, but one 11th-hour change that didn’t make the cut is expected to make a return next year. At issue are companies or individuals who contract with homeowner associations to advise on services such as broadband and cable TV, and then broker contracts […]
The SB4D Bill and How it Impacts Tampa Condominiums (FL)
The Senate Bill 4D Bill is a legislative measure enacted by the Florida State Legislature aimed at addressing various issues related to property insurance. Created to combat rising insurance costs and insurance market instability, this bill includes several provisions that can affect property owners, including condominium associations. Read the article…………………………….
Wellness Amenities and Their Impact on Resident Satisfaction (FL)
Wellness amenities can not only improve the health and happiness of your community members but can also drastically improve the property values and attraction to your neighborhood. As the leading HOA management company, Wise Property Management can provide the highest quality homeowners association management Read the article…………………………….