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 […]
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……………………………….
11th Circuit Affirms Condo Tower Hurricane Damage Award That Disappointed Both Sides (FL)
The 11th Circuit Court of Appeals affirmed a jury verdict that found an insurer liable for $2.6 million in damages to a Miami condominium tower caused by Hurricane Irma, rejecting arguments made in appeals filed by parties on both sides of the dispute. Read the entire article……………………………….
How to Manage Bullying in your Association
Bullying is defined as a form of aggressive behavior in which someone intentionally and repeatedly causes another person injury or discomfort. Bullying can take the form of physical contact, words, or more subtle actions. In recent months, during the pandemic, you often saw cyber bullying, which can occur over emails, social media and digital platforms […]
Condominium associations react to tragedy in Surfside, Florida
The devastating collapse of one of the Champlain Towers South 12-story beachfront residential condominium towers in Surfside, Florida, has prompted officials at the local, state, and federal level to assess what precautions should be taken – or mandated – to prevent similar tragedies. At present, the cause of the collapse is still unknown. Read the […]
After rainbow flag removal, Killearn homeowners board overturns controversial restriction (FL)
After backlash over asking for removal of a rainbow flag from a home, the Killearn Estates Homes Association this week unanimously voted to rescind its controversial flag restriction. Read the entire article……………………………….
New Late Assessment Notice Requirement for Florida Condominium, Cooperative, and Homeowners’ Associations
As of July 1, 2021, Florida condominium, cooperative, and homeowners’ associations will be required to send notice of past due assessments before they can collect attorneys’ fees from the delinquent owner. Currently, the applicable statutes require the association to provide notice before a claim of lien securing payment of past due assessments is filed (the […]
Aging condos fraught with challenges for owners, governing groups
Business and law experts at the University of Miami gauge the impact of the Surfside tragedy on the owners of older condominium units and examine initiatives to revamp the policies and procedures that regulate the associations. Read the entire article……………………………….
Three ways Florida can better protect condo towers
Rescuers are continuing the search at the Champlain Towers South, and it may take months to determine what toppled the 12-story condominium last month north of Miami Beach. But the tragedy has already exposed gaps in the way Florida manages high-rise buildings. Read the entire article……………………………….
Florida collapse raises insurance questions for other high-rise buildings
The tragic partial collapse of Champlain Towers in Surfside, Florida, could roil insurance markets for condominium buildings in the area from both property and liability standpoints, industry sources say. So far, however, there have been no drastic changes in an already hardening market as policyholders reach out with coverage concerns, they say. Read the entire […]
Undermining Florida’s condo laws: Politics, turf wars and human nature
Florida’s condominium laws will undergo a top-to-bottom review by a task force established by the Florida Bar Association after the deadly collapse of the Champlain Towers South condo building in Surfside. Read the entire article……………………………….
Florida Senate Bill 630: Changes to Florida Condominium and Homeowners’ Association Laws
On June 14, 2021, the Florida Legislature sent Senate Bill 630 to Governor DeSantis to be signed into law. Senate Bill 630 went into effect on July 1, 2021. Senate Bill 630 contains many changes to Chapters 718 and 720, Florida Statutes, which govern condominium and homeowners’ associations, respectively. Most of the changes in Senate […]
Fining Procedure Details Explored (FL)
Q: Fining for violations has always been confusing to me, since most fines are cumulative or compounding for each day the violation is not corrected. Should the due date be following correction of the violation or whatever date the fine ceases? Read the entire article……………………………….
2021 Legislative Update (FL)
The 2021 Florida Legislature was busy indeed. This year’s new legislation brings tremendous clarifications of existing laws and new laws to Florida’s community associations. All of the bills discussed herein were approved by the Governor, and are now in effect (unless otherwise noted). To view the bills that were passed into law, please visit kbrlegal.com […]
Leasing Restrictions – Be Sure You Can Do What You Think You Can Do (FFL)
For over a year, it would appear from the outside that the only issue Florida community associations have been dealing with is the pandemic. Those of us who work with, live in, or manage condominiums know this is not the case. However, it did seem that COVID-19 issues superseded all other issues for some time. […]
New Late Assessment Notice Requirement for Florida Condominium, Cooperative, and Homeowners’ Associations
As of July 1, 2021, Florida condominium, cooperative, and homeowners’ associations will be required to send notice of past due assessments before they can collect attorneys’ fees from the delinquent owner. Currently, the applicable statutes require the association to provide notice before a claim of lien securing payment of past due assessments is filed (the […]
Legal Actions Associations Can Take if an Owner Does Not Pay Assessments
Community Associations, including condominium and homeowners’ associations, have specific responsibilities to their owners to ensure that budgets are met and maintenance and operation services are performed. For an association to be able to achieve these goals, owners must pay their assessments in full, and on time. When owners fail to fully or timely pay, the […]
Playing for Keeps – What Rights and Authority Is an HOA Developer (or Successor Developer) Allowed to Keep after Turnover? (FL)
For many Homeowners’ Association (“HOA”) owners and board members, the words “turnover” and “transition” are two of the most anxiously anticipated yet mysterious terms in community association lingo. Often used interchangeably, the phrases generally refer to the period of time (or “triggering event”) in the development of the community at which the developer is required, […]
Owner’s Pot-Bellied Pig Leads To Unusual Discrimination Lawsuit (FL)
An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly worded restrictions can backfire. Read the entire article……………………………….
Is That Contractor Really an Employee? (FL)
The misclassification of an employee as an independent contractor can prove costly for employers — including both community associations and managers. So it was good news when the Trump administration finalized a rule that loosened the test for determining whether a worker is an employee or an independent contractor. Read the entire article……………………………….
Community Association Legislative Update 2021 – Part III (FL)
The legislature had a busy session this year. Several bills impacting community associations and property owners throughout the state were enacted into law. The below summaries provide an overview of the new laws: Read the entire article……………………………….
The Story Behind a Downtown Sarasota Condo’s Near-Collapse (FL)
By the time you’re reading this, Charlotte Ryan, a retired psychotherapist from New Jersey, will have accomplished what Sisyphus never did. She’ll have pushed her great rock to the very top of the mountain and crawled out from under her burden at last. The petite, smartly dressed Ryan will have taken the elevator up to […]
Condos, Co-ops and HOAs…Oh My! (FL)
Florida offers residential purchasers a wide variety of options. Residences with amenities managed by an association are popular as they often provide something extra in the form of pool, tennis courts, golf, clubhouse, social room and even a greater opportunity to commune with one’s neighbors. Read the entire article……………………………….
New Requirements for Collection of Delinquent Assessments (FL)
The Florida Legislature has revised the procedures for collecting delinquent assessments, which add additional steps and delays for the owner to pay before legal action can commence and/or attorney’s fees can be recovered. Senate Bill 56 has revised Sections 718.116 and 718.121 for condominiums; 719.108 for cooperatives; and, Section 720.3085 for homeowners’ associations. With these […]
Security Services for your HOA or Condo: Considerations for Selection (FL)
Community security is not a one-size-fits-all solution. What works for a high-rise, may not meet the needs of a garden style condo or a PUD, HOA or POA. Surveying residents about their security needs, desires and goals is a great way to gauge the community’s thoughts on the subject to get you started with the […]
Condominium Legislative Update – SB1966 (FL)
In addition to SB 56 and SB 630 which were signed into law by Governor Ron DeSantis on June 16, 2021 as addressed in my blog post from June 17, 2021, Governor DeSantis signed Senate Bill 1966 into law on June 21, 2021. The legislation, which is effective July 1, 2021, makes additional changes to […]
Changes to Community Association Collections Procedures Take Effect on July 1 (FL)
As we reported earlier this month, Senate Bill 56 was signed into law and will go into effect on July 1, 2021. The new law makes changes to the notice requirements of foreclosure actions for condominiums. Specifically, the changes require associations to send a notice to owners of unpaid assessments before an account is sent […]
Governor DeSantis Signs SB 630 Into Law, Containing Significant Amendments to Florida’s Condominium Act, Cooperative Act, and Homeowners Association Act (FL)
On June 16, 2021, Governor Ron DeSantis signed Senate Bill (SB) 630 into law, which enacts numerous amendments to the Condominium Act (Chapter 718, Florida Statutes), the Cooperative Act (Chapter 719, Florida Statutes), and the Homeowners Association Act (Chapter 720, Florida Statutes). The list below summarizes the primary effect of SB 630, but is not […]
New Requirements for Collection of Delinquent Assessments (FL)
The Florida Legislature has revised the procedures for collecting delinquent assessments, which add additional steps and delays for the owner to pay before legal action can commence and/or attorney’s fees can be recovered. Senate Bill 56 has revised Sections 718.116 and 718.121 for condominiums; 719.108 for cooperatives; and, Section 720.3085 for homeowners’ associations. With these […]
Condominium Association and Homeowners Association Legislative Update (FL)
Governor Ron DeSantis signed Senate Bill 56 and Senate Bill 630, into law on June 16, 2021. The legislation, which is effective July 1, 2021, affects the operation of homeowners associations and condominium associations, including collection practices, notices of meetings, transfer fees, electronic vehicle charging stations, dispute resolution, emergency powers, official records, reserves, and leasing. […]
New Legislation Changes Collections & Foreclosures Process for Florida Community Associations
Recently, the Florida Legislature enacted significant statutory changes that impact community association collections and foreclosure actions. The updates to Chapter 718, Chapter 719 and Chapter 720 of the Florida Statutes go into effect on July 1, 2021 and include requirements regarding: Read the entire article……………………………….
Golf Carts and Your Community (FL)
Golf carts are increasingly being used for short-distance trips in communities as an alternative to the family car. They share common element roads with other motor vehicles, pedestrians, bicycles and animals, creating the potential for liability for an Association. You may be facing questions about whether to allow golf carts on your roads and how […]
2021 Florida Community Association Legislative Update
Another big year for legislation impacting Florida’s community associations. Now is the time for associations to contact their attorneys for guidance. The following items will become law on July 1, 2021, unless vetoed by the Governor. Following is a summary of the highlights. For complete coverage, please click on the various links below to see […]
Is Your HOA Gate Opening To Increased Liability? (FL)
When a community has an entrance gate, it is almost inevitable that the association will at some point deal with the issue of whether it is responsible for damage to a vehicle which occurred when someone was entering or exiting the gate. The primary question to resolve in assessing liability in such a circumstance is […]
Responsibility for Tree Branches & Roots (FL)
Who is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway? Read the entire article……………………………….
The Membership Poll – The Pros, Cons & Confusion of Taking Membership Surveys (FL)
The line between what an association’s board can legally do as a matter of law and what the board should do as a matter of good practice and policy is often blurred without any practical guidance available for well-intentioned directors who want to do the very best they can for their community based upon very […]
Should Emails Between Board Members & Managers Be Considered Official Records Subject to Members Inspection? (FL)
In today’s instant world, email allows us to express our thoughts anytime, anywhere. So often, emails serve as a substitute for making phone calls. If a phone call is made from a board member to a manager, absent a deposition of either party or a contemporaneous note documenting the conversation, the content of the communication […]
Suit Against Boca Condo Association Spotlights Importance of Governing Document Amendments, Filings (FL)
A lawsuit that was recently filed against the Promenade at Boca Pointe Condominium Association highlights the importance of properly adopting changes to an association’s governing documents and recording them in the local court registry where the association is located. If the allegations in the lawsuit hold up in court, the association for the Boca-area community […]
Hurricane Season 2021: Is Your Community Association Ready? (FL)
Hurricane season began on June 1. Has your community association taken some time to prepare? If not, here are some tips that will help you prepare your community association for this year’s hurricane season: Read the entire article……………………………….
Avoiding Conflicts of Interest by Association Boards (FL)
Under Florida law, condominium association (“CA”) board of directors members and homeowners’ association (“HOA”) board of directors members owe fiduciary duties to their associations and the unit or home owners they serve. This generally means that directors must place the interests of the association above their own self-interest and take actions they reasonably believe will […]
Condos: Who Insures What? Who Pays for Damages? (FL)
The 2021 hurricane season began June 1, but water pipes can burst year-round. If an insurable event occurs in a condo, however, is it a unit owner’s job to pay or the association’s? It’s a simple question with a sometimes complicated answer. Read the entire article……………………………….
The Ins & Outs of Preparing a Condominium Association Budget (FL)
In many ways, the managing and operating of a condominium association is akin to operating a business. A primary similarity is the importance of careful and accurate financial planning and budget preparation. The board of directors of an association has fiduciary duties to its members. By paying close attention to the legal and technical requirements […]
How to Handle Unexpected and Dangerous Situations (FL)
Florida associations are accustomed to preparing for hurricanes, but disaster plans should also account for other catastrophic events where there is often less advance warning, such as tornadoes, active shooter scenarios, and now global pandemics. Relying on outside crisis experts for guidance is crucial to ensure that your association is prepared to handle an unexpected […]