This is such an important topic that is often times difficult to teach. In a nutshell however, assume the following: Your condominium or HOA was created in the year 2000. That was when your declaration of condominium or declaration of covenants was recorded. Your declaration only adopts The Florida Condominium Act (Florida Statute 718) or […]
Condo Association’s Denial of Gate Access Pass to 100-Year-Old Resident Draws Negative TV News Coverage in South Florida
My colleague Laura Manning-Hudson wrote about a dispute involving pet chickens that received unwanted TV news coverage for a Boca Raton HOA in her last blog post. To help illustrate just how common such negative media coverage has become for community associations that make questionable decisions, my latest post just a couple of weeks later […]
Community Associations Affected by the 2021 Legislative Session Part X (FL)
This week continues our review of the 2021 legislative changes affecting Florida community associations focusing on two bills that address COVID-19 pandemic legal issues. Senate Bill 72 took effect on March 29, 2021. This law was initially reported in this column on April 25, 2021. SB 72 outlines the legal process a plaintiff must follow […]
Report of the Florida Bar Condominium Law and Policy Life Safety Advisory Task Force
The mission of the Task Force is to engage in information-gathering and fact-finding through the review all aspects of Florida Condominium law, development , construction, association operations, and maintenance to determine if changes or additions to legislation and/or regulations could prevent or minimize the likelihood of another tragedy like the Champlain Towers South condominium collapse, […]
Condominium Associations Should Have Written Collection Policies & Procedures (FL)
The 2021 legislative session brought some significant changes to the Condominium Act, the Cooperative Act, and the Homeowners Association Act. These changes went into effect on July 1, 2021, and many of them impacted the collections and foreclosure process for community associations. Read the entire article……………………………….
It’s the Manager’s Fault…Or Is It? (FL)
Few professions have more demands placed upon them than that of the Florida licensed community association manager (CAM). Depending on whom you ask, the CAM is the organizer, rules enforcer, keeper of secrets (meaning confidential and statutorily protected information not limited to the medical record of owners and attorney-client privileged information), best friend, the “bad […]
Is Your Association Prepared? Expect Supply Shortages
There’s news once again reporting food and product supply shortages are on the horizon, if not already here, due to what can only be described as a logistics disaster. This morning’s news reported that there are thousands of shipping crates snarled in a logistical nightmare waiting to be off loaded with no relief in sight. […]
In Florida, Petty Condo Politics Jeopardizes Residents’ Safety (FL)
Half the balconies on the 23-story high-rise condominium building needed repairs, sometimes breaking off in pieces and threatening units below. To reduce the load, one owner was asked to move her plants inside and be patient until the spalling concrete could be fixed. Read the entire article……………………………….
Electric Vehicles, Coming Soon to a Parking Area Near You! (FL)
With the all-electric Ford Mustang Mach-E currently arriving at car dealers, and the Ford F-150 Lightning arriving next spring, as well as Toyota, Nissan, GM, Audi, and so many others car makers already producing all-electric versions of their vehicles, it seems that what used to be considered a niche for adventurous Tesla explorers may become […]
Manager’s Wisdom: How to Make Committees Work for Your Association
We recently polled our property managers at Campbell about their experience with committees; what are the challenges and what tips make them successful. Below is the feedback we received from our Campbell Property Managers, who average over 12 years’ experience in property management. Read the entire article……………………………….
Community Associations Affected by the 2021 Legislative Session Part IX (FL)
This week continues our review of the 2021 legislative changes affecting Florida community associations. Today we will cover Senate Bill 1966, which addresses budget procedures for condominium and cooperative associations, as well as two other bills of interest. These laws took effect July 1, 2021. Read the entire article……………………………….
Could Your Association’s Insurance Policy be Cancelled due to the Roof?
Many insurance carriers are taking a very hard look at roofs due to all the roof claims that followed Hurricane Irma in 2017. Insurance carriers are not taking risks on “questionable roofs.” Read the entire article……………………………….
It’s the Manager’s Fault…Or Is It? (FL)
Few professions have more demands placed upon them than that of the Florida licensed community association manager (CAM). Depending on whom you ask, the CAM is the organizer, rules enforcer, keeper of secrets (meaning confidential and statutorily protected information not limited to the medical record of owners and attorney-client privileged information), best friend, the “bad […]
Commonly Requested Amendments (FL)
Many Florida Condominium Associations, particularly older Associations, do not have the ability to fine unit owners for their failure to comply with the Condominium Documents. This has become a problem for may Associations who have learned that the only real way, absent a fining provision, to enforce the regulations set forth in the Condominium Documents […]
Road improvement project leads to dispute with HOA (FL)
The purpose of a community governing body is to maintain certain areas, such as neighborhood pools or the main roads throughout the development. In many Florida neighborhoods, the homeowners’ association has the right to make certain decisions about projects such as road improvement and maintenance. In one community, the efforts to fix problems with the […]
How to Hold Hybrid Zoom Board Meetings
As COVID-19 restrictions have loosened on group gatherings, many are questioning the best way to continue holding board meetings. Holding the meetings virtually has increased participation from the community, but communities are eager to meet in person again. This has led many to ask the following: Is there a way to successfully host a meeting […]
What is a “Fining Committee” and Who Can Be on It? (FL)
Of all enforcement options available to an association for violations of its governing documents, the imposition of fines is one that yields many questions due to the strict procedures required to impose a fine. If the process is not followed properly, it may result in invalidation of the fine, and can also result in potential […]
To Mediate or Arbitrate….? A New Pre-Suit Option for Resolving Disputes in Condominium Associations (FL)
As most condominium association boards and managers are aware by now, Section 718.112(2)(k), Florida Statutes, of the Condominium Act, was most recently amended to require a condominium’s bylaws to include a provision for alternative dispute resolution as provided in Section 718.1255, Florida Statutes. Read the entire article……………………………….
Hurricane Window Protection Policies & Local Regulations (FL)
In the wake of Tropical Storm/Category 1 Hurricane Elsa, and with September being National Preparedness Month, hurricane preparations are top of mind for many owners and associations, as are considerations for how long hurricane shutters, plywood, or other protective window coverings should remain in place following an active threat of a storm. Read the entire […]
Funding Community Association Repairs and Renovations (FL)
Rather than kicking the can down the road in hopes that future boards will address worsening maintenance concerns, association directors are coming to terms with the fact that delayed repairs and maintenance are likely to exacerbate structural problems and increase the eventual costs, in addition obviously to the potential life-safety risks, to be borne by […]
Issues with the 558 Process (FL)
Following the tragic collapse of Champlain Towers South, there has been much talk about Florida Statutes Chapter 558, which deals with the process condo/unit owners must follow to file claims for development defects. Read the entire article……………………………….
You received a subpoena for deposition, now what? (FL)
A community association is required to keep and maintain certain records for the association. As a result, associations are faced with being ordered to turn over records in all types of lawsuits. What do you do if you are served with a subpoena will depend on the type of subpoena. Read the entire article……………………………….
The association suddenly needs a lot of money. How do you get it? Which way makes sense? (FL)
So many of our buildings are approaching the 40 year mark, requiring recertification in electrical and structural. Many buildings are younger yet still need major repairs to the concrete, balconies, pool decks and other portions of the common elements. The board is going to need a lot of money. Assuming you don’t have enough in […]
Pesticides and Your Community (FL)
There is a lot to consider when choosing a pest control company or even keeping a pest control company. The vendor needs to accommodate the needs and ensure the health and safety of all parties, whether they are elderly, children, individuals with certain respiratory or immune disorders, allergies, etc. If you allow pets in your […]
Omnibus Bill (SB 630) Brings Changes for Florida Condos, Cooperatives and HOAs
This year’s large community association omnibus bill will likely become law. This bill, which bears an effective date of July 1, 2021, contains changes which will impact condominiums, cooperatives and HOAs. At more than 100 pages, we will discuss only some of those changes in today’s CALL Alert. This bill, along with all the others […]
Will Aventura’s New Law Help Condominium Owners or Simply Expose them to Liability? (FL)
The City of Aventura’s recently passed an Ordinance, which represents an effort to regulate structural oversight for community associations in the aftermath of the Champlain Towers tragedy in Surfside. The Ordinance requires community associations, including condominium associations and homeowners’ associations, to share all engineering, architectural, and life-safety reports that are conducted on a building with […]
Maintaining Civility in Community Associations (FL)
This past year has brought out divisiveness and discord at all levels of governance, including community associations. Although emotions always seem to run particularly high, community associations have been filled with neighbors with differing values, preferences, and opinions as to how the association should be run and maintained. Even pre-COVID, association governance could become intensely […]
Should Board Member E-Mails be Maintained in the Official Records? (FL)
Both the Condominium Act and Homeowners Association Act delineate a list of documents or items that a community association must maintain as official records of the association. Both statutes also include a catchall provision (i.e., Fla. Stat. §720.303(4) and Fla. Stat. §718.111(12)(a)(15)) generally requiring retention of all records of the association not specifically included in […]
Caring for the Financial Well-being of the Association (FL)
To ensure the financial well-being of the association, boards and managers should focus on at least four factors in the association: budget, reserves, insurance, and collection practices. This article will take a brief look at each of these, but this is not a finite list. It is recommended that you consult with your association attorney […]
What Associations Need to Know About Homestead (FL)
Article X, Section 4 of Florida’s Constitution protects homestead property from many kinds of forced sales. However, since foreclosures of homestead properties for unpaid association assessment debts and for unpaid mortgage debts occur routinely, it is easy to see how many homeowners’ associations and condominium associations are lulled into thinking that constitutional homestead property protections […]
2021 Legislative Review Part 4 (FL)
This week continues our annual review of 2021 legislative changes, continuing the discussion of Senate Bill 630, which took effect July 1, 2021. Read the entire article……………………………….
The Subtle and Not-So-Subtle Differences Between Homeowners and Condominium Associations (FL)
Florida has created an abundance of legislation governing homeowners’ and condominium associations. You would think that, by now, laws affecting both types of communities would have more parity than they actually do. (Please note that that commercial condominiums are not addressed in this article.) Read the entire article……………………………….
Report: Evidence of extensive corrosion in Miami-area collapsed condo
Video released by a team of federal investigators shows more evidence of extensive corrosion and overcrowded concrete reinforcement in a Miami-area condominium that collapsed in June, killing 98 people. The National Institute of Standards and Technology also announced Wednesday it will conduct a five-pronged investigation into the Champlain Towers South collapse, which will be led […]
Legislative Update for Condominium Associations and HOAs (FL)
This past summer, the Florida Senate implemented several Senate Bills that were signed by Governor Ron DeSantis, which added new requirements for condominium, homeowners, and cooperative associations. While the below article is not comprehensive of all new legislation impacting housing associations, the following discusses Senate Bill 56 (new rules regarding foreclosures, liens, collection of assessments, […]
Florida Senate Bill 56: Changes to Florida’s Condominium Association and Homeowners’ Association Collections Procedures
On July 1, 2021, Senate Bill 56 went into effect along with Senate Bill 630. While both bills affect the laws governing Florida condominium and homeowners’ associations, Senate Bill 56, specifically, changed the collection and notification procedures for these associations. This article provides an overview of how Senate Bill 56 affected the manner in which […]
A House of Cards: The Miami Condo Collapse Exposes a Dehumanized Mindset in the Built Environment
On June 24th, 2021, the Champlain Towers South condo building in Surfside, Miami collapsed, killing 98 people. While the causes of the collapse are still under investigation, the building’s history of structural deficiencies is likely to have played a part. The Champlain Towers collapse is only the latest in a series of fatal building catastrophes […]
Condominium Association Boards: Why You Should Not Avoid Maintenance (FL)
Disputes over the party responsible for the maintenance of various areas of a condominium complex are common. Disagreements frequently arise between unit owners and an association over whether the association or the owner is responsible for the maintenance and upkeep of a particular area. This blog post provides an overview and summary of Florida law […]
Community Associations Affected by the 2021 Legislative Session Part III (FL)
This week we shall continue our annual review of the legislative changes which affect community associations, and continue with the main bill, Senate Bill 630, which took effect July 1, 2021. For the first two parts of the series, see Community Associations Affected by the 2021 Legislative Session, published on August 1, 2021, and August […]
The Impact of Airbnb in Community Associations (FL)
The rise of Airbnb has been credited with an increase in unwanted guests in HOA communities. Many condominium bylaws restrict or regulate the ability to lease a condominium unit. The Federal Housing Administration’s Condominium Project Approval and Processing Guide requires that at least fifty-one percent of units be owned by owner-occupants. However, the advent of […]
Surfside Collapse Should Serve as Call to Action for Condo Board Service (FL)
Without a doubt, the tragic disaster of the collapse in Surfside, Fla., has impacted condominium association boards of directors across the country. In addition to board members’ grief for the 98 victims who lost their lives and their loved ones, many condominium directors have also grown concerned over the news of numerous lawsuits against the […]
What Every Florida Community Association and Building Owner Needs to Know About Florida’s 10-Year Construction Defect Statute of Repose
The recent tragedy of the Champlain Tower collapse in Surfside, Florida, has brought an even greater focus on building safety and maintenance by governments, building owners, and condominium and community associations throughout Florida. As efforts are made to inspect and ensure the safety of buildings across the state, building owners, and condominium and community associations […]
Florida Building Collapse Highlights Serious Challenges Facing Condo Board
The collapse of Champlain Towers South near Miami, built in 1981, has made owners and buyers nervous. The dream of living near the ocean has been interrupted by the fear that some buildings might not be safe, and that owners’ investments could be in danger. It also highlights the problems that condo, community, and home […]
Condominium Association’s Power to Suspend Voting Rights Called Into Question (FL)
On June 2nd, 2021, Florida’s Third District Court of Appeal issued an Order in the case of De Soleil South Beach Residential Condominium Association, Inc. v. De Soleil South Beach Association, Inc., et. al., which may impact a condominium association’s authority to suspend voting rights for non-payment of assessments.
Sea rise under scrutiny in condo collapse
Scraped clean of tons of rubble late last month, the bare garage floor of Champlain Towers South appears to rule out at least one early suspect in its catastrophic collapse. There were no telltale signs of a sinkhole. Read the entire article……………………………….
The Aging Condo Conundrum: Are Terminations the Answer?
The tragic collapse of the Champlain Tower South Condominium brought a renewed sense of urgency to older condominiums facing a difficult dilemma: spend significantly on restoration, or accept the risks involved with living in an older building. Read the entire article……………………………….
Fall Guy – Chasing William Friedman, the mystery architect who designed Champlain Towers South
The June 24 collapse of Champlain Towers South in Surfside, Florida, left questions that will take years to answer: What caused the structural failure? What parties bear responsibility? What can be done for the survivors? And perhaps most critically: What other local buildings may also be at risk, requiring measures to prevent similar incidents, from […]
Assessing the Condition of Condominium Towers (FL)
The recent tragedy in Surfside, Fla., has significantly impacted our firm and the communities we serve. Our heartfelt thoughts and prayers remain with the victims and families affected by the Champlain Towers South collapse. In the aftermath of this horrific catastrophe, many condominium association directors, members and managers have raised various questions concerning the safety […]
The Subtle and Not-So-Subtle Differences Between Homeowners and Condominium Associations
Florida has created an abundance of legislation governing homeowners’ and condominium associations. You would think that, by now, laws affecting both types of communities would have more parity than they actually do. (Please note that that commercial condominiums are not addressed in this article.) Perhaps the most appreciative difference between a homeowners association and a […]