At the time of our last Legislative Update article, the Florida Legislature was working on several bills that would significantly impact community associations on a wide range of issues. However, as the 2020 legislative session closed amid the emerging coronavirus pandemic, most of the bills geared specifically toward community associations failed to receive approval, including […]
Pre-Suit Requirements for Community Association Disputes (FL)
Many lawsuits pertaining to community associations involve unit owners who disagree with the actions of their Community Association’s Board of Directors. In the recent case Iezzi Family Limited P’Ship v. Edgewater Beach Owners Ass’n, Inc., 254 So.3d 584 (Fla. 1st DCA 2018), the First District Court of Appeals held that in certain derivative lawsuits brought […]
“Don’t Tread on Me”: The Permissibility of the Gadsden Flag in Your Community (FL)
Is flying the Gadsden flag (i.e., the yellow “Don’t Tread on Me” flag with a snake) considered a flag of the United States of America and is it permissible in your community association? It depends Read the article………………………….
Is Incivility Having an Impact on the Operation of Your Association? (FL)
We live in an age where the lack of civility has become a common occurrence in daily life, whether it be on the internet, on the highway, or even in line at the grocery store. While the causes of the decline in civility can be debated, the consequences are more apparent, even at the community […]
Case Law Update: Assessments are Consumer Debts Under the Florida Consumer Collection Practices Act
In a recent case, Kelly v. Duggan, 282 So.3d 969 (Fla. 1st D.C.A. 2019), out of Florida’s First District Court of Appeals looked at whether condominium association assessments qualify as “consumer debts” under the Florida Consumer Collection Practices Act (FCCPA). Read the article……………………………
Making Sure That Your Association Is Prepared for the Unexpected
Most association boards of directors are prepared for the responsibility of the normal day-to-day operations they are responsible for. Association documents usually state that the board is responsible to run the daily operations and has the authority to do so. However, most documents do not address, or at best are vague on, the responsibilities or […]
April 2020, Insider Real Estate and Community Association Law Update
An investor purchased a home in the Viera East Golf Course Community at a foreclosure auction and objected to assessments made against the home. The Association contended that its lien survived the foreclosure and that the investor was responsible for past due assessments, as well as penalties incurred by the previous owner. The investor eventually […]
Understanding Accessibility Requirements for Your Association (FL)
Community managers have many responsibilities within the condo or homeowners’ associations (HOAs). One of these roles is to ensure that all local and federal laws and regulations are being followed. This includes providing reasonable accommodations for individuals with disabilities, whether physical or mental. Read the article……………………….
Florida Community Associations, Disclosing the Names of the Infected.
If a community association is aware a member has the coronavirus, the first step for the association should be to alert its members without naming the infected member(s). In this initial alert, the Association should remind its members to follow the guidelines of the local governing authorities and the CDC regarding staying healthy during this […]
When Does Turnover Occur For A Homeowners’ Association (FL)
Turnover is a vaunted date on the calendar for every homeowners’ association. Knowing at what time turnover occurs is necessary for a homeowners’ association to properly plan and effectuate the transition of board control from the developer to the owners. Read the article…………………………..
Florida Community Associations, Disclosing the Names of the Infected
If a community association is aware a member has the coronavirus, the first step for the association should be to alert its members without naming the infected member(s). In this initial alert, the Association should remind its members to follow the guidelines of the local governing authorities and the CDC regarding staying healthy during this […]
Coronavirus: What Condominium Associations Need to Know (FL)
With the coronavirus having been declared a pandemic and rapidly spreading throughout the United States, many Florida community associations are confronting unique issues and need to know how to combat the spread of coronavirus and comply with recommendations from health professionals while remaining compliant with governing documents and Florida law. If you serve on your […]
Coronavirus: What Homeowners’ Associations Need to Know (FL)
With the coronavirus having been declared a pandemic and rapidly spreading throughout the United States, many Florida community associations are confronting unique issues and need to know how to combat the spread of coronavirus and comply with recommendations from health professionals while remaining compliant with governing documents and Florida law. If you serve on your […]
Force Majeure and Coronavirus
Force majeure law in the context of pandemics has never been fully explored in the context of construction contracts and disputes. In the wake of coronavirus and its impact on our economy, it is difficult to predict how a finder of fact would resolve claims for construction delays and disruption arising from manpower shortages, material […]
2019 Florida Community Association Case Law Year in Review
Based on a seemingly low media profile many people wrongfully assumed Florida’s court system had little or no impact on their community association in 2019. Although lacking in “name plate” cases the following case law decided in 2019 will have a meaningful impact on Florida’s condominium and homeowner associations : Read the article……………………………
Coronavirus & Florida Community Association Emergency Powers
Both President Trump and Governor DeSantis invoked states of emergency and triggered the statutory emergency powers for Florida’s community associations. Found in Sections 718.1265, and 720.316 of the Florida Statutes, these emergency powers were enacted with hurricanes in mind. However, the statutes apply whenever a national or state emergency is declared. As such, these emergency […]
Special Coronavirus Emergency Powers Edition: Board Emergency Powers (FL)
All board members and managers should take a few moments and brush up on emergency powers approved by the legislature and codified into Florida Statutes in Chapters 718, 719 and 720 for use during a “state of emergency.” Hopefully, your association will not need to use them. But just in case, now is the time […]
How Should Community Associations Handle Meetings and Common Area Use Amid Coronavirus Outbreak?
The coronavirus pandemic has created a lot of uncertainty for community associations throughout Florida, especially concerning meetings and amenity use. Management professionals and board members are left struggling between protecting their residents by taking measures to limit the spread of the virus and continuing to conduct business as usual. Read the article…………………………..
Smoking in Condo Associations: Cigarettes & Medical Marijuana (FL)
Over the past forty years, the United States has experienced a sweeping movement to ban smoking from just about everywhere. Many condominium owners’ associations (COA) have adopted smoking bans that prohibit owners from smoking in common areas and even inside their own living space. Medical marijuana complicates this issue even further. Read the article…………………………..
HUD Issues New Guidance for Assistance Animals in Housing
Changes in public perceptions and levels of awareness of the issues surrounding emotional support animals have created a mandate for new state laws and federal policies. Earlier this year I wrote in this column about new measures being considered by the Florida Legislature as well as the U.S. Department of Housing and Urban Development. HUD […]
Data Breach Prevention
Data leaks and hacks are happening every day. From a small business to a Fortune 500 company, chances are your private information was subject to a leak or a hack and you might not even know it. Moreover. you might not be aware what type of information these companies have of yours. Imagine all of […]
HUD’s Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records: Where Do We Stand?
A client recently came to me about amending the declaration of the homeowner’s association to prohibit certain specific violent felons, and, in particular, sexual predators from residing in the association. The client posed the question as to whether the proposed amendment would be discriminatory since they had heard that the use of criminal background checks […]
Property Manager Steals Hundreds of Thousands of Dollars from Two South Florida Condominium Associations (FL)
As documented in a recent report in the Miami Herald, the property manager of two Sunny Isles Beach condominium towers has been arrested for stealing hundreds of thousands of dollars from the associations for the properties. Property manager Georgina Pineda (pictured below) was booked into a Miami-Dade County jail recently, and apparently it wasn’t her […]
How to Remove Troublesome Trees (FL)
A great many streets in Florida’s residential communities are lined with oak trees. While they can look so appealing as a canopy, many of these trees can raise sidewalks and driveways. Their massive roots can grow into plumbing lines, cause various trip hazards and kill the grass, too. Read the article……………………………
What Power Does My Florida Association Have?
Disputes do arise between homeowners and their HOA or condo associations. Whether arguing over paint color, pet, or fee, it’s important to know how far your association can go, and what rights you have as a homeowner in Florida. While the association does have the right to implement many rules and regulations, it’s true that […]
Community Stormwater Systems 101 (FL)
A homeowner association and a condominium association have a duty to maintain their common property. That duty is generally provided for in Florida Statutes and the express duties are usually set forth in the Declaration of Covenants and Restrictions. For homeowners’ associations, the duty is set forth in Fla. Stat. 720.305(1) (“Each member and the […]
Construction Progress Payments: The Hidden Trap (FL)
The owner of real property can end up paying twice when they pay their general contractor who, in turn, fails to pay the subcontractors and suppliers. However, this very real consequence can be avoided, too. While drafted to protect contractors and suppliers, Florida law also provides substantial protection in favor of the consumer (a.k.a, the […]
Compulsive Vulture, Alligator Feeder Settles for $53K with HOA (FL)
Readers of this blog may recall my recent article about a resident of the Ibis Golf and Country Club community in Palm Beach County who was creating an incredibly dangerous and destructive situation by feeding extraordinary amounts of food to vultures, alligators and other wildlife behind her home. On Wednesday, Jan. 15, the homeowner agreed […]
What Florida Community Associations Must Know About Disability-Compliant Websites
Like it or not, many Florida condominium associations are now digital. As of January 1, 2019, Florida condominium associations with 150 or more units are required to maintain a website pursuant to Fla. Stat. §718.111(12)(g). Recently proposed legislation seeks to lower the threshold, requiring associations with 25 or more units to maintain a website and […]
Considerations in Settling Cases (Mediation/Settlement Conferences)
Mediation is an alternative dispute resolution (ADR) method, where the participants meet with a third party (mediator) to negotiate a potential settlement. The mediator is required to be unbiased, and he or she does not work for either side. The mediator listens to each side’s position and helps to facilitate a voluntary resolution to the […]
Is Relief for Fraudulent Emotional Support Animal Accommodation Requests on the Horizon?
As so many community associations have encountered first-hand, the Florida and Federal Fair Housing Acts (FHA) require condominium and homeowners associations to grant exceptions (or a waiver) to pet restrictions in order to allow a person with a disability to keep an animal which alleviates one or more symptoms of that disability, but would otherwise […]
10 Things Unit Owners Should Know About the Recall Process for Condominium Associations (FL)
Sometimes, the people who serve on an Association’s Board of Directors are not necessarily the best suited for the job. Whether it is a Board member’s failure to act in the Association’s best interest or their self-serving or, otherwise, improper conduct, unit owners are able to remove or “recall” a Board member they feel should […]
Is a Voting Certificate Required If a Unit Is Owned by an LLC?
Many governing documents include a provision requiring a voting certificate if a unit or parcel is owned by more than one person, a corporation, or another entity. In some cases, there is an exception for spouses, and other times, a voting certificate is only required if the unit or parcel is owned by a corporation. […]
Can an Association Be Held Liable for Discriminatory Conduct of Residents? (FL)
On a daily basis we read about acts of hatred and discrimination occurring in our society. As residential communities are microcosms of the society at large, associations, too, are increasingly faced with determining how to deal with such issues. Legal precedent has established that associations may be held liable for discriminatory acts committed by its […]
Golf Carts and Your Community (FL)
Golf Carts, in addition to the obvious use on the golf course, are increasingly being used for short-distance trips in communities as an alternative to the family car, for example, carrying children and pets from home to the club house or recreation center. Golf Carts share an Association’s common element roads with other motor vehicles, […]
Gated Communities have Fences; They can still offer a false sense of security (FL)
Even though gated communities have fences, they can still offer a false sense of security because of vulnerabilities in the physical security and a lack of a security program that integrates people, procedures and equipment. Do gated communities mitigate criminal activity from occurring in the neighborhood? Residents tend to feel they can leave their car […]
How to Handle Wildlife in HOAs
….Feeding wildlife is extremely dangerous for humans and animals because it can spread diseases and throw off their natural pattern . “If one alligator becomes habituated to a person, if they think that people equals food, then you’re putting all people that would walk past that alligator at risk,” says Shelli Albright with C.R.O.W Clinic […]
Board: Be Mindful of FCCPA When Collecting Past Due Condo Assessments (FL)
The ability to collect assessments from unit owners on a timely basis is a key component to the financial health and stability of a community association. An association’s governing documents, as well as the applicable community association statutes (i.e., Chapter 718 for Condominiums, Chapter 720 for HOAs and Chapter 719 for Co-Ops) provide several enforcement […]
Emerging Options, Opportunities in Electric Vehicle Charging Stations in Condominiums (FL)
Plug-in electric vehicles are one of the fastest-growing segments of the automotive industry, and sources have claimed that sales of such vehicles are predicted to reach one out of every five vehicles sold during the next decade. As a result of this growing trend, condominium communities nationwide are confronted with numerous concerns which must be […]
Insider Real Estate and Community Association Law Update (FL)
A member in a private aviation community consisting of fifty private residences paid a private pilot to fly him and several co-workers out of the community’s airport several times per week. The community’s board of directors called a meeting to review the member’s status in light of those flights, which it contended constituted use of […]
Solving the mystery behind access to association official records (FL)
One of the biggest complaints expressed by association unit owners is the lack of transparency and/or access to information regarding the operations of the association. It seems that vital operative documents such as the Declaration, By-Laws, meeting minutes, contracts, and bank statements are a mystery to most owners. This mystery is actually a myth, as […]
Meeting Minutes – Guidelines for HOAs and Condos
One of the most common complaints about Association Boards is “lack of transparency”. Owners sometimes think that Board members are overly secretive and don’t share enough information with owners. When new Board members join, their first instinct may be to include as much information in the Minutes as possible, so that there is complete “transparency” […]
Can Board Members be Sued
Board members can be sued personally but only within specific parameters. Even though board members have a fair amount of protection under the law, it is a fairly common occurrence in Florida for board members to be brought into lawsuits as direct defendants. While those types of lawsuits generally are not successful, the association should […]
Condominium and Homeowners Association Transfer Fees; Limitations or Not (FL)
Transfer fees are those fees a homeowner’s or condominium association may charge a unit owner or homeowner in connection with the sale, lease or other transfer of a condominium unit or home. There are significant differences between transfer fees which are permitted for homeowner’s associations as compared against condominium associations. With respect to transfer fees […]
Installing Personal Electric Vehicle Charging Stations in Condominiums (FL)
In 2019 almost 1/40 new cars sold were electric vehicles (EVs). This amount is expected to almost double by 2022, with EVs representing 1/20 new cars sold, ultimately reaching 1/5 in a decade. In Florida, condominium associations are required by law to accommodate an owner’s request to enable EV charging, however, the cost for […]
What to know when your homeowners association files an insurance claim (FL)
If your home or condominium is part of a homeowners or condo owners association, the insurance coverage that is designed to protect your building or community is complex – in both the language and in the details. Read the article………………………….
Protecting homeowner association rights after structural damage occurs (FL)
After Hurricanes Michael and Irma, the amount of damage that was left behind throughout the state of Florida posed a real problem for condo buildings and HOA communities. These damages were so extensive, and HOA communities across Florida are still trying to recover and receive payment from their insurance companies. Read the article…………………………….
What to know when your homeowners association files an insurance claim (FL)
After Hurricanes Michael and Irma, the amount of damage that was left behind throughout the state of Florida posed a real problem for condo buildings and HOA communities. These damages were so extensive, and HOA communities across Florida are still trying to recover and receive payment from their insurance companies. Read the article………………………….
New directors must sign the form or go to class (FL)
Last month we talked about what owners must do to run for the board in a Condominium or Homeowners” Association. This month we will discuss what document a newly elected or appointed director in a Condominium Association, Cooperative Association, or Homeowners’ Association must sign to be in compliance with State Law requirements. Read the article…………………………