Service providers often cause property damage in community associations. Imagine a furniture delivery driver in a rush to make his next appointment, clipping your community’s security gate and taking a portion of it down the road, or a garbage truck leaking hydraulic fluid on your community roadways, leaving permanent stains. What should your association do […]
Hurricane Insurance Claims for Condominium Associations (FL)
There is a lot of information on how associations can prepare for hurricanes but much less information as to what happens after the hurricane, particularly as it pertains to insurance claims. A question that managers and board members need to consider is, what is required after a hurricane to ensure compliance with your insurance policy […]
Epic Dispute Over Driveway Design at Boynton Beach HOA Makes Local Headlines
Our firm’s other community association attorneys and I have all seen our fair share of disputes arising from unapproved property improvements in South Florida HOA communities over the years. However, the saga involving a diamond design in a homeowner’s driveway at the Equus community just west of Boynton Beach appears to be exceptionally combative, so […]
Amendment Procedures in Master/Sub Association Communities with Neighborhood Voting Representative (FL)
We start with a question that is asked by every licensed community association manager, every director elected to a board, and most of the members in any given condominium or homeowners association across the state – what does it take to amend our association’s governing documents? Read the article………………………..
Get a Reserve Study of Your Condos and HOAs For a Better Budget (FL)
Do you find that your Association constantly has unexpected repair or replacement costs that you don’t have money budgeted for? If so, it may be a good idea for your Board to look into having a reserve study done for your community. Read the article……………………………
Preparing to Navigate the Claims Process by Understanding What Is Expected
Navigating an insurance claim after a significant loss can be frustrating, costly, and time consuming. Associations have an obligation to cooperate with their insurance company fully and completely during the claims process even in the most daunting of circumstances. Failure to adhere to that duty may result in the denial of an insurance claim even […]
Community Association Boards Completely Overlook the Significance of Who Is Serving as the Association’s Registered Agent (FL)
Far too many community association boards completely overlook the significance of who is serving as the association’s registered agent. I’ve found associations whose registered agent is a former board member who is either deceased or who has moved away or a former law firm or lawyer who no longer represents the association. Read the article………………………………
The Florida Mortgage and Eviction Moratorium: Clarification for Community Associations (FL)
On April 2, 2020, Governor Ron Desantis issued Executive Order 20-94 which temporarily suspended all mortgage foreclosure and residential eviction “cause[s] of action” for 45 days. The Order was subsequently extended four times, most recently pursuant to Executive Order 20-180 (“EO 20-180”), which was issued on July 29, 2020 and extended the moratorium until midnight […]
Legal Update 2020 Summary: Florida Legislature passing several community association related bills this Season
The Florida Legislature was especially busy this past session filing, debating, and ultimately passing several community association related bills. Below is an outline of those bills and the potential impact on your community association this year. Read the article……………………………..
Application of the Business Judgment Rule to Community Association Board of Directors (FL)
The board of directors of community associations are responsible for making important decisions affecting the community and its members. As a result, disputes sometimes arise between the association and its members. In the event the dispute evolves into a lawsuit, the business judgment rule will protect directors from personal liability so long as they did […]
Rule Interpretation Conundrums (FL)
A recent Monroe County court case illustrates the importance of well drafted rules. In Biza Corp. d/b/a Galway Mobile Home Park v. Jarome Kaczmarek (FlWSUPP 2710BIZ2), the plaintiff mobile home park filed an action to evict Mr. Kacmarek (“Defendant”) from his lot in Galway Mobile Park for his violations of the park rules. The action […]
Don’t Forget Reserves! (FL)
As budgeting season approaches, community associations must once again grapple with the continuing issues of reserves. Under ordinary circumstances, reserve funding increases the amount owners need to contribute to the association every month, since reserves are required above and beyond the association’s operating expenses. In light of the recent economic changes, reserves may be something […]
Appellate Panel Reverses Attorney Fees Award Involving Pembroke Pines Condo (FL)
An affiliate of real estate mortgagee Beltway Capital LLC that had acquired a Century Village unit in foreclosure had been awarded attorney fees in the lower court but the appellate panel reversed the decision. Read the article……………………………..
Disaster Planning Beyond Hurricanes (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 or even activeshooter scenarios. Read the article………………………………..
Does My Association Include Fully Funded Reserves in Its Proposed Budget? (FL)
With the budget season approaching, many condominium associations may wonder how to prepare a budget when it’s anticipated that members will vote to waive or partially fund reserves. The board must create a proposed annual budget that includes estimated revenues and expenses. In addition to annual operating expenses, Section 718.112(2)(f)(2)a, Florida Statutes, requires the proposed […]
Be Wary of MRTA (FL)
A little-known law, which can present big problems for planned residential and commercial subdivisions, has undergone a number of recent changes intended to make it more manageable and less impactful on the associations which oversee or manage planned residential and commercial subdivisions. Read the article………………………………..
2020 Florida Session: Legislative Update
With the legislative session closed and the deadline expired for Governor DeSantis to veto Florida House or Senate bills, we now know the laws that will affect community associations. Below is a summary of some of these new laws impacting Florida community associations. Our forthcoming Legislative Guidebook will contain a more in-depth analysis along with […]
HOA: Protecting the Most Vulnerable (FL)
Multifamily residential buildings provide both privacy and community. Privacy, because a recluse in New York City can have almost anything delivered to his door and thus never have to leave the sanctuary of his apartment; and community, because a single retiree in an active adult community in Palm Beach can enjoy the company of his […]
Legislative Update on Emotional Support Animals (FL)
On June 23, 2020, Governor DeSantis approved Senate Bill 1084, which made certain changes to Florida’s existing housing laws as they pertain to emotional support animals (“ESA”). The new legislation, which went into effect on July 1, 2020, aims to penalize: (i) individuals who falsify and/or provide fraudulent information in order to obtain documentation supporting […]
Community Association Not Liable for its Receiver’s Actions (FL)
Whether a tenant who prevailed in an eviction lawsuit was able to recover his attorneys fees from the community association which governed a condominium that was the subject of the receivership, the court appointed Successor Receiver for The Horizons West Property Owners Association, Inc. was at issue in the Circuit Court case of Orbe v. […]
Florida Legislature Eliminates State Registration and Reporting Requirements for 55+ Communities
If your community claims to be “housing for older persons” under federal and state law, then effective July 1, 2020, the Florida Legislature has eliminated from Florida’s “Fair Housing Act” (§760.29(2)), the requirement for your community to register with the Florida Commission on Human Relations. In addition, community associations that qualify as “housing for older […]
Ready… Set… Recover: Essential Hurricane Preparedness Guidebook for Florida Community Associations
Anticipating an active 2020 Atlantic hurricane season, the Florida Community Association Law Firm of Katzman Chandler today released its annual “Hurricane Preparedness and Recovery Guide for Community Associations” to help Florida communities protect their properties and safeguard community residents during what experts say will be a significantly more active storm season. Read the article…………………………
Finally! Florida Passes Emotional Support Animal Law
Finally, the Florida legislature passed a bill regulating the out of control problem of Emotional Support Animals in Florida’s community associations. SB 1084 was signed into law by Governor DeSantis on July 1, 2020, and takes effect immediately. The new law provides for the following Read the article…………………………
2020 Amendments to the Florida Statutes Affecting Community Associations
Each year the Florida Legislature proposes amendments to various sections of the Florida Statutes, and some of those proposed amendments involve community association governance. Florida Governor DeSantis recently signed several proposed bills into law that took effect on July 1, 2020, and some of which address Florida’s community associations options for regulating issues involving emotional […]
Architectural Review: the Forgotten Coronavirus Dilemma (FL)
I know, I know, another coronavirus article. Can you blame me? It never ceases to amaze me as an attorney how life creates fact patterns which no writer could come up with using their imagination. For that reason, issues surrounding coronavirus continue to evolve and present new challenges. Read the entire article……………………………….
Miami Beach man charged after pushing 80-year-old man off elevator to practice social distancing (FL)
Malcolm Gross, 72, has been charged after allegedly injuring a man in his 80’s at the Portofino Towers located at 300 S. Pointe Dr. in Miami Beach in June. In recently released video footage, Gross appears to have pushed the man off an elevator in an attempt to practice social distancing. Due to the coronavirus […]
Hurricane Preparedness During a Pandemic: What to Expect and How to Prepare (FL)
Hurricane Season 2020 is here, and scientists are predicting that it will produce more and stronger storms than we have seen in the recent past. In fact, Tropical Storms Arthur and Bertha developed before this season even officially began. We have since seen 2 more named storms and a number of tropical depressions. Floridians are […]
Fireworks Within Community Associations Spark Complaints and Liabilities (FL)
With the approaching July 4th holiday weekend community associations are on high alert and warning residents of the consequences and potential dangers of violating rules which prohibit setting off fireworks and the like. Read the article…………………………..
Real Estate and Community Association Legislative Update: Tracking New Legislation (FL)
HB 469: Statute of Frauds. Signed into law on June 27, 2020 and effective July 1, 2020, this bill amends Florida’s Statute of Frauds to specify that subscribing witnesses are not required on a lease for real property. SB 1084: Emotional Support Animals. Read the article………………………….
Slowly Getting Over the Hump: Addressing Speeding with Traffic Calming Devices (FL)
Between kids at play, exterior maintenance projects, pedestrians, and cyclists, your association could be seriously impacted by speeders. As a follow up to Jennifer Horan, Esquire’s article “Slow Your Roll: How to Address Speeding Issues in your Association,” published on October 28, 2019, can or should your association install traffic calming devices, like speed bumps […]
What Insurers Need to Know about Florida’s Statute of Repose for Construction Defects
When can a construction CGL insurer finally breathe easy? The answer can be found in Fla. Stat. § 95.11(3)(c), Florida’s statute of limitations and repose for construction defects. The statute of limitations prohibits construction defect claims 4 years after the claim accrues. For not-readily-observable defects (“latent defects”), the claim does not accrue until the defect […]
Ruling Proves Community Associations Need to Revise Own Governing Documents (FL)
A ruling in May by Florida’s Third District Court of Appeal added to the growing string of decisions in recent years illustrating how an old and outdated provision in HOA and condominium association declarations is preventing some communities from collecting what they would be owed under the current state law from purchasers in foreclosure actions. […]
Broward Woman Accidentally Run Over by Boyfriend Gets $1 Million Presuit Settlement From Condo Association (FL)
A South Florida woman whose boyfriend accidentally drove his car into her in a dark apartment complex parking lot has obtained a $1 million settlement without having to file suit. Alexander Perkins of Perkins Law Offices in Miami represents Laura Canaveral, who was taking out the trash one evening in 2017 at the Westview Condominium […]
2020 Hurricane Season, the Definitive Checklist for Florida’s Community Associations (FL)
Hurricane season begins on June 1st and lasts 5 months, with storms typically peaking in August and September. Due to COVID-19, this hurricane season will be unlike all others. Properly preparing for this unique hurricane season could truly be a lifesaver. The following hurricane preparation checklist is a combination of over twenty years of community […]
Be Reasonable, It’s Good Business Judgment (FL)
A recent decision by Florida’s Fourth District Court of Appeals (“4th DCA”) highlights the deference courts in Florida give community association boards of directors when they make informed, reasonable decisions with respect to enforcing restrictions in their governing documents. In Miller v. Homeland Prop. Owners Ass’n, Inc., 284 So. 3d 534 (Fla. 4th DCA 2019), […]
Rules and Regulations: To Record or Not to Record, That’s the Question (FL)
720.306 addresses amendments to governing documents, including several procedural requirements. The conundrum which has arisen following a recent change to Chapter 720 is whether board-made rules and regulations must be recorded in the public records. 720.306(1)(e) states, “an amendment to a governing document is effective when recorded in the public records of the county in […]
Rules and Regulations: To Record or Not to Record, That’s the Question (FL)
720.306 addresses amendments to governing documents, including several procedural requirements. The conundrum which has arisen following a recent change to Chapter 720 is whether board-made rules and regulations must be recorded in the public records. 720.306(1)(e) states, “an amendment to a governing document is effective when recorded in the public records of the county in […]
Restrictions in Community Documents Will Be Strictly Construed by Courts (FL)
A community association’s declaration of covenants governs the duties and responsibilities between an association and its owners. When interpreting the text of such documents, courts will apply a rule of strict construction that requires a court to apply any unclear or ambiguous language in the manner most favorable to the owner. Strict construction has a […]
Community Associations Challenged with Limited Resources When Dealing with Mentally Ill or Violent Residents (FL)
On the heels of Mental Health Awareness month and with full restrictions yet to be lifted during the COVID-19 pandemic, stress-related incidents and escalating tensions within community associations are on the rise. Mental health issues have been exponentially compounded by the fact that social distancing is still enforced and many people who suffer from mental […]
Association Loans/Lines of Credit
In this time of growing financial crises, associations are increasingly considering loans/lines of credit in order to have sufficient cashflow in the event of budget shortfalls caused by increasing delinquencies or in order to pay for projects that cannot be funded through the operating budget alone but cannot be postponed. Read the article……………………………
Important Advisory—Emergency Powers, Hurricanes and Coronavirus (FL)
All board members, officers, property managers and residents alike should make sure that they understand their rights and obligations in emergency situations. Below are some of the more common questions that have, and will continue to, arise during this time. Read the article…………………………
Hurricane Insurance Claim Deadlines (FL)
Almost three years have passed since Hurricane Irma and almost two years since Hurricane Michael. If your community has received insurance money and rebuilt, or if your community has only suffered minor damages, both hurricanes may seem a lifetime ago. Unfortunately, many communities are still suffering through unpaid claims and, in many cases, unknown damages. […]
Insider Real Estate and Community Association Law Update (FL)
When Hurricane Wilma hit South Florida in October 2005 it caused damage to roofs at Kings Creek Condominium which damage was not immediately evident. In November 2008 Kings Creek notified it insurer, Citizens, of the loss, claiming that it was covered under an insurance policy for the named perils of wind and hail. The claim […]
Considering Hosting Virtual Meetings? Look No Further! (FL)
Watch out Silicon Valley, there is a new group of virtual gatherers in town! From small, collaborative style meetings to large, full-scale board meetings, Associations across all demographics are effectively using virtual meetings to accomplish their goals. Because of this widespread success, many of our Campbell Managed Properties are looking to use virtual meetings as […]
Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA
All businesses in the state of Florida need to be familiar with Florida’s Consumer Collection Practices Act (“FCCPA”). The FCCPA is found at Sections 559.55-559.785 of the Florida Statutes. The FCCPA is intended to protect consumers and is intentionally unfair to creditors. See §559.552, Fla. Stat. (2019); Kelly v. Duggan, 282 So. 3d 969, 974 […]
Electronic Voting in Community Associations (FL)
The current environment has presented many obstacles for Association living. Federal, state, and local governments have placed restrictions on gatherings, which has limited Boards’ options for conducting meetings and getting owner participation. Even when restrictions ease, it is likely that some individuals will remain cautious of gathering in social settings with large groups. Read the article……………………………………
Are HOA Bylaws Legally Enforceable? (FL)
If one lives in a neighborhood or condo community with an HOA (a homeowners’ association), they may be curious whether an HOA law is legally enforceable. According to Stevens & Goldwyn, P.A., most laws, and rules are indeed enforceable, however, most people who enter into an HOA contract do so with the understanding that they […]
UNDERSTANDING THE DIFFERENCE BETWEEN CONDOMINIUM AND HOMEOWNERS’ ASSOCIATION TURNOVER (FL)
Previously, I published a blog reviewing when turnover occurs for a homeowners’ association only. At first blush, one may conclude that condominium associations and homeowners’ associations would have the same or nearly identical requirements for when turnover occurs. However, the truth is quite opposite. Florida condominium association are governed by Section 718, Florida Statutes compared […]
Keep Your Bedsheets Off My Property – Restricting the Location of Clotheslines (FL)
While electronic communications are becoming much more prevalent with many offices moving to digital files, mailed notices are still a necessity. A present dispute concerning a homeowner’s installation of a clothes drying line is a reminder that 1) clotheslines are protected by Florida’s Renewable Resources Act and 2) the lack of specifics and guidelines governing […]