On September 26, 2016, Rembaum’s Association Round Up published an extremely important article regarding a community association’s potential liability when allegations by one member accuse another member of a discriminatory practice. (Click HERE to view the 2016 article). On September 13, 2016, HUD made clear that a housing provider is responsible for discriminatory practices that […]
Running a Community Association as a Democracy, Transition of Power Without a Condo Coup (FL)
When purchasing a residence in a condominium, homeowners association or a co-op, you by default agree to reside in a community association. You live in relatively close proximity to your neighbors and equally share the right to utilize common areas, whether it’s a lobby, pool, gym, parking lot and/or clubhouse. Monthly Association dues fund shared […]
Lenders May Still Have to Participate in Foreclosure Mediation in Florida
In response to the mortgage foreclosure crisis, the Supreme Court of Florida established a statewide mandatory mediation program for residential mortgage foreclosures. Due to the mandatory mediation program being largely unsuccessful, the Supreme Court of Florida terminated the program on December 19, 2011. However, lenders should be aware that judges are still able to refer […]
Florida Changes Registration Requirements for 55+ Communities
As anyone involved with Florida community associations will tell you, trying to keep up with the changes in rules and laws that impact the operation and management of condominium and homeowner associations can seem like a full-time job. Actually, that is our job, and the primary motivation for this article. We know how daunting it […]
Lawyer Up (FL)
Some boards only engage legal counsel when a situation has become dire. Others are overly cautious and all the attorney at the drop of a hat, but unusually high legal bills often lead to membership scrutiny. Read the article……………………………….
What Snowbirds Need to Know about Self-Quarantine: A Florida case study
As snowbirds flock south to their condominium associations to escape the winter weather, many residents are wondering if the board of directors can require them to self-quarantine for 14 days upon arrival. Read the article…………………………………….
Surfside association fighting in Florida was extreme, but it’s a familiar battle for HOAs
Before the Champlain Towers South Condominium collapsed, the owners and the complex’s board of directors spent years clashing over the cost and extent of safety and structural repairs for the 12-story building near Miami. Read the article………………………..
The Do’s and Don’ts of Lis Pendens in Florida
A lis pendens is a common tool used in Florida to put third parties on notice of a pending lawsuit against real estate. If filed properly, a lis pendens protects the plaintiff in a lawsuit from any intervening liens on the property filed after the lis pendens. However, property owners may not be able to […]
How Community Associations Can Handle the Continuing Popularity of Short-Term Rentals (FL)
Despite a year that has drastically curtailed traveling due to the global COVID-19 pandemic, the popularity of online vacation and short-term rental platforms, such as Airbnb and others, has persisted as people have sought escapes to private homes instead of hotels and to upgrade their work-from-home routines to somewhere with a view. Airbnb is only […]
Community Association Service Contracts Do’s and Don’ts (FL)
One of the most important tasks for community association board members is the oversight of maintenance, cleaning, security, valet parking, construction/painting, landscaping and other vendor services. These essential services require the use of written contracts that should include vital protections for associations, which would be well advised to turn to highly experienced community association attorneys […]
Condominium Material Alteration Issues Can Be Complicated (FL)
Those living in a condominium often differ about how the condominium should look. Owners and their Board of Directors often disagree. Because the purchaser of a condominium often buys for its appearance, Florida’s legislature limits substantial changes to the appearance or what is known as material alterations or additions. Material alterations or additions have been […]
When Should I Sue a Condo Association?
Living in a condominium suits your lifestyle. You enjoy the size, layout, and appearance of your condo. As a member of a larger association, you get the advantage of a range of facilities. For your membership fees, you also receive a range of maintenance services that keeps your home in good material condition and that […]
Drones In Your Community (FL)
The growing use of drones across the United States is leading to the adoption of new rules and restrictions by the federal government, state governments and community associations. Questions regarding safety, property damage and privacy are forcing community associations to establish clear parameters for their use by unit owners. Read the article……………………………….
How “Minimal” Can Common Elements Be in a Condominium? (FL)
This was the question raised in the recent Florida Third District Court of Appeal case of IconBrickell Condominium No. Three Association, Inc. v. New Media Consulting, LLC, Case No. 3D19-0521 (Fla. 3d DCA, October 7, 2020). Read the article…………………………….
The ‘Nuisance’ Problem (FL)
When Do Annoying Behaviors and Activities Within and Surrounding the Community Become a Legal Nuisance and How Can Your Community Deal with It? Read the article……………………………….
An Association’s Response to Owners Requiring Additional Care (FL)
Some older individuals choose to live out their final years in their personal residences, alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience certain mental health issues that make them unable to adequately care for themselves. Associations are often at a loss with how to assist […]
An Association’s Response to Owners Requiring Additional Care (FL)
Some older individuals choose to live out their final years in their personal residences, alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience certain mental health issues that make them unable to adequately care for themselves. Associations are often at a loss with how to assist […]
What Constitutes a Product under the Economic Loss Rule (FL)
The Economic Loss Rule limits a defendant’s tort liability for defective products to injuries caused to persons or damage caused to property other than the defective product itself. The Economic Loss Rule has been used to exclude tort liability for damages to the constructed product. Read the article…………………………………
Injunction Petition Against Ornery Condo Resident Sends Important Message (FL)
The initial incident that led to the petition for the injunction, which was granted by the circuit court but eventually overturned on appeal, took place at a Broward County condominium in December 2018. That was when Patrick Gagnon, a member of the community’s board of directors, was accosted by prior board member Joseph Cash. A […]
Florida Courts Clarify Role of Appraisal in Coverage Claim Disputes
For first party property claims, lengthy and costly litigation is not always the only mechanism for resolving a dispute. Most homeowner’s policies include detailed terms and conditions for parties to undergo appraisal when there is a dispute over the amount of loss. Read the article………………………………….
How To Ensure Your Painting Project Is Watertight (FL)
Does your association have a major painting project coming up? If so, you may be searching for painting contractors and manufacturers to complete your project. Read the article…………………………………
Pandemic Leads to More Homebound Holiday Firework Celebrations As Florida Pyrotechnics Law Loosens, Danger Escalates in Community Associations
The uniquely Florida wink-and-a-nod ritual entailed in buying consumer-grade fireworks became statewide history as of April 8, 2020 with a new law §791.08, F.S., which eliminated the much-reviled “bird scaring” waiver previously required to purchase low-grade pyrotechnics. Read the article………………………………….
Short-Term Rental Developments: Profits Not Necessary to Violate Residential Use Covenant (FL)
Short-term rental arrangements continue to plague community associations, with owners and powerful lobbying groups for companies like Airbnb constantly devising new tactics for avoiding restrictions. Read the article……………………………………
Why Most Florida Condominiums Don’t Qualify for FHA Financing
Let’s start with some background on FHA-insured mortgage financing. The Federal Housing Administration (FHA) is an agency of the US Department of Housing and Urban Development (HUD), a Cabinet-level department of the Federal government. In order to help make mortgage funding available to a broader rangeof buyers, the FHA insures independent lenders against buyer/borrower default. […]
The “Nuisance Problem” (FL)
It seems like everybody’s got a problem with somebody these days. Sure, certain quirks and behaviors can certainly be classified as “annoying.” Who isn’t annoyed by that neighboring co-worker or spouse that insists on singing loudly and proudly, not to mention off-key, even with their earphones plugged in?? While irritating, not every annoyance rises to […]
Incidental Damage Clauses (FL)
There are times when an association must damage a unit or units in order to maintain or repair the common elements. For example, if repairs must be made to a common element water trunk pipe, an association may have to access the pipe by tearing though some portion of a unit wall. This type of […]
Is It a Limited Common Element? (FL)
Most condominium unit owners may think that limited common elements are those areas outside the condominium unit that are part of the common elements, but which are used only by a specific unit owner. However, the Florida Condominium Act defines “limited common elements” as “those common elements which are reserved for the use of a […]
An Association’s Obligation Regarding Neighbor Versus Neighbor Disputes (FL)
Community Associations have an obligation to enforce their governing documents. However, that obligation does not extend to policing, mediating, or resolving disputes between owners, without a corresponding covenant violation. Associations have an obligation to all owners of the community to do what is in the best interest of all owners, not just the select one […]
Just what are deed restricted communities? (FL)
Many residents of Charlotte County who moved here from other parts of the country are not familiar with deed restricted communities, or with homeowners associations. Deed restricted communities are rare in New England, and in much of the Midwest, where many of our families originally came from. Read the article…………………………………….
Attorney Fees Not Always Awarded (FL)
Clients are often disappointed to find out that an attorney’s fees are not part of every judgment. Most think it is only fair that because they have been wronged, one way or another, the wrongdoer should pay all of their expenses. That just doesn’t happen often. Read the article…………………………………..
Recent Arrests for Community Association Theft Illustrate Laws Working, Associations Must Do Their Part (FL)
In Kissimmee, Florida, the second arrest of a former HOA property manager was covered as part of a series of investigative reports by WFTV (Channel 9, ABC). The reports chronicle how Sherry Raposo, who had previously been arrested on charges related to having her ex-cop-turned-felon boyfriend patrol the Turnberry Reserve community and using the HOA’s […]
New Appellate Case Raises Issues For Mixed Use Developments in Florida
A recent decision by the Third District Court of Appeals has engendered uncertainty about the manner of creating mixed used developments containing a residential condominium component in Florida. The case of IconBrickell Condominium No. Three Association v. New Media Consulting, LLC, decided October 7, 2020 involved an appeal from summary judgment granted to an owner […]
Examine your condo flood insurance (FL)
Last week, I reviewed a fairly new nonprofit called First Street Foundation, established to help homeowners understand FEMA flood zones and potential flood zones not yet recognized by FEMA. I also pointed out what I feel is a valuable addition to realtor.com for potential homeowners called the Flood Factor, which provides valuable information to all […]
Now is Time to Reverse Negative Stereotype of Community Associations for Rigid Enforcement, Collections (FL)
The GEICO Insurance TV commercials featuring an over-the-top HOA rules enforcer named Cynthia who takes a chainsaw to a noncompliant mailbox are hilariously satirical because they ring a bit too true. Community associations have a negative image in the minds of many for perceived over-reach in their enforcement measures. Unfortunately for associations, this stereotype is […]
Election Season is Upon Us! (FL)
For condominiums and cooperatives there are a few statutory election guideposts that start with the numbers 60, 40, 35 and 14*. Sixty (60) days prior to your annual meeting election the first notice must be sent to all unit owners telling them when the annual meeting and election will be held and asking anyone who […]
Hiding in Plain Sight: What Are “Discriminatory Covenants” and Does Your Association’s Governing Documents Contain Them? (FL)
One of the last few bills to be approved by Governor DeSantis at the end of this year’s legislative session was Senate Bill No. 374 which became law on September 4, 2020. The new law defines and prohibits “discriminatory restrictions” from any title transaction recorded in the State of Florida and creates section 712.065, Florida […]
A Condominium Owner Did Not Pay The Assessment. How Do I Collect? (FL)
Under Florida law, condominium associations have the ability to assess unit owners for their proportional amount of the costs and expenses for maintaining and operating the condominium property. The ability of condominium associations to collect assessments from unit owners is provided for in Chapter 718, Fla. Stat., and in the condominium’s governing documents. If a […]
Developer Liability for Building Code Violations Under Section 553.84, Florida Statutes (FL)
Among the numerous causes of action available to construction defect plaintiffs in the State of Florida, there is Florida Statute Section 553.84, which creates a statutory cause of action for owners based on violations of the Florida Building Code against parties who “committed” the violation. Read the article……………………………..
Association Publication of Deadbeat List & Third-Party Purchaser Assessment Liability (FL)
Two New Cases Board Members and Managers Need to Know About – CASE No. 1: On June 12, 2020, the Florida’s Fifth District Court of Appeal (“5th DCA”) entered its opinion in Latheresa Williams, On Behalf Of Herself And All Others Similarly Situated v. Salt Springs Resort Association, Inc., and Bosshardt Property Management, LLC., Case […]
Planning Ahead for 2021: A Brief Guide to Annual Budgets (FL)
As we approach the final months of the year, community associations and their Board of Directors must start planning for 2021. There is no question that the global pandemic caused by COVID-19 this year has unexpectedly and significantly impacted every facet of our lives. Condominium Associations have particularly felt the financial repercussions of the pandemic […]
Signs, Signs, Everywhere a Sign: It’s Time for Community Associations to Address Sign Policies
(The article) discusses recent news reports from around the country that are indicative of an uptick in disputes within HOA communities involving homeowners’ yard signs. Laura writes that today’s polarized political environment and social movements combined with widespread societal cabin fever caused by the pandemic have seemingly created a perfect storm for tempers to ignite […]
3 Ways That Technology Can Improve Community Experience (FL)
Modern technology has shifted the way we function in all aspects, creating higher expectations for better, effective communication and cost saving efficiency. Pre COVID, many community associations were slow to embrace and leverage technology, likely because technology is often perceived to come with an initial learning curve and financial cost. Present day, we have come […]
2020-2021 Legislative Update Summary (FL)
It’s that time of year, new legislation affecting Community Associations became effective July 1, 2020 and our new legislative update course should be approved for continuing education credit in the near future. Read the entire article……………………………….
Phony Parking Violation Letters in Condominiums (FL)
Condominium living has its advantages and challenges – one such challenge is often parking. Today, people move into these communities with several vehicles in tow and in condominiums, there is limited space in the parking garages and parking areas for unit owners and their guests. Sometimes this results in unit owners taking parking, that violates […]
Director Elections in HOAs (i.e. Welcome to the Wild, Wild West) (FL)
An increasing number of homeowners’ associations are adopting a two-notice, advance-nomination process for electing directors, similar to the election procedures statutorily dictated for condominium associations. Yet with many HOAs still operating with governing documents drafted by the developer, it is not uncommon to hear about situations where an association is running its condo-like election based […]
Distinguishing between Statutory and Non-Statutory Reserves under the Florida Homeowners’ Association Act
Considering the fiduciary responsibilities officers and directors have to the homeowners’ association’s members, it is important to understand not only the importance of including reserve accounts in an association’s budget, but also to understand when reserve funding is mandatory under the Florida Homeowners’ Association Act. Unlike condominium associations, maintaining fully funded reserve accounts is not […]
Insider Real Estate and Community Association Law Update, September 2020 (FL)
A homeowner had rented out three of the four bedrooms in his home to three separate individuals at the time he passed away. He left the home, his homestead, to his son. A judgment creditor of the deceased homeowner sought to collect from the equity in the home. The probate court ruled that seventy-five percent […]
Take a Bite Out of Fraudulent Emotional Support Animal Requests (FL)
One of the most difficult issues facing community association board members is how to evaluate and address requests for accommodations for emotional support animals (“ESA”). Often, mental disabilities are not as visible and obvious as many physical disabilities. Combine this with the number of websites and individual medical professionals that advertise to write letters after […]
Keeping Politics Out of Your Community Association
Not surprisingly, the chatter about whether or not political signs should be permitted in private residential communities has increased as we draw closer to the elections in November. Let’s first discuss whether or not an owner in a Florida HOA has the “right” to install signs. The short answer is “no” with one exception. FL […]