Many condominium associations are gearing up for, or in the midst of, election season, which presents challenges and questions regarding the election process. Condominium elections that fail to follow the procedures outlined in the Condominium Act, Florida Administrative Code, and the association’s governing documents can result in an election being voided. Read the article………………………….
Can Your Community’s Developer Use HOA Capital Contributions Collected at Closings to Offset the Developer’s Deficit Funding Obligation? (FL)
Many communities impose a capital contribution (sometimes called an initiation fee) on new owners. This is a one-time, nonrefundable fee paid by the buyer at closing. These fees usually go into a special account used to fund capital improvements and repairs in the community. Both Fla. Stat. §720.308(6) and §720.308(4)(b), prohibit a developer from using […]
Miami Transfer Fee Controversies: A Wake Up Call for Associations (FL)
Condominium associations across South Florida have come under scrutiny for imposing mandatory, non-refundable “transfer fees” on residents in connection with the lease or sale of units. Indeed, several years ago this firm was quoted in an article in the Miami Herald addressing the issue, and this year, a class action lawsuit resulted in an association […]
Is Your Association’s Website Exposing Your Community to Liability for ADA or FHA Violations?
Let’s face it, we do almost everything online – from shopping to paying bills. Following that trend, many community associations also conduct a lot of activity through a website, including; paying assessments, advertising sales or rentals, or posting documents, notices, minutes, and social calendars for members to easily access. In fact, the Florida legislature passed […]
Insider Real Estate and Community Association Law Update (FL)
The Grand is a mixed-use condominium that has been the subject of a number of important appellate decisions involving Florida condominium law including United Grand Condo. Owners, Inc. v. Grand Condo. Ass’n, 929 So. 2d 24 (Fla. 3d DCA 2006), Grand Condo. Ass’n v. Cohn, 970 So. 2d 365 (Fla. 3d DCA 2007), and Cohn […]
Combating Serial Bankruptcy Filings
Associations are all too familiar with bankruptcy serial filers disrupting foreclosure sales leading to frustrating and costly consequences for the Association. Each new bankruptcy filing by the debtor forces the Association to incur additional costs and increases the amount of debt owed while the debtor continues to live on the property without paying the Association. Read […]
Be prepared for annual election of board members (FL)
The first quarter of the new calendar year, also known as “season” is coming up and this is the time that most condominium and homeowners’ associations have their annual meetings and annual election of directors because the most residents are in town. Read the article…………………….
Why Should Your Community Consider Trademarking Its Name and Logo?
Many communities rely upon name recognition and a certain style logo to attract attention from potential new purchasers as well as to enhance real property values for existing owners. Read the article……………………….
Your Tenant’s Water Leak Damaged My Unit – Now Pay Up – 4th DCA Says Otherwise (FL)
In Universal Prop. & Cas. Ins. Co. v. Loftus, 276 So. 3d 849 (Fla. 4th DCA 2019) the Court held Section 718.111(11)(j), Florida Statutes, does not provide a private cause of action against condominium unit owners for the alleged negligence of the unit’s tenants. The decision underscores the complicated nature of Section 718.111(11), Florida Statutes, […]
Thirdhand smoke: An unseen hazard might be affecting your home
Adopting smoke-free policies in condominiums and housing cooperatives can help make a community more appealing to potential nonsmoking residents. But what if there’s a lingering tobacco odor and yellowish stains on the walls of a unit being sold after its former occupant has moved out? Read the article…………………………
Making the Switch to E-Voting: A Primer for Condominium Associations (FL)
In 2015, the Florida Legislature adopted Section 718.128 into the Florida Statutes, thereby giving condominium associations the right to conduct elections and other unit owner votes via online voting systems. While many associations in Florida have implemented online voting systems for their elections and other unit owner votes, some associations are still contemplating making the […]
Homeowner Feeding Wildlife Leads to Black Vultures Overwhelming Parts of West Palm Beach Community
Recent reports in the Palm Beach Post and on WPBF 25 News (see video below) chronicled the devastating damage that is being caused to homes in the Ibis Golf and Country Club community in West Palm Beach by hundreds of black vultures. The large birds are being attracted by a homeowner who is feeding the […]
The Lurking Danger of Association Websites; Accusations of Discrimination (FL)
Very recently, more and more condominium and homeowner associations find themselves as potential defendants in Federal Fair Housing Act (the “FHA”) discrimination litigation due to the association’s website. It is alleged that the failure to make the website easily accessible to those with visual impairments or who are blind is discriminatory. In short, the FHA […]
Is your Community Website ADA Compliant? Does it need to be? (FL)
Condos and HOAs are generally exempt from ADA requirements because they are not “public accommodations” like hotels, restaurants or retail stores. However, we have seen a recent trend of legal threats against community associations because their websites were not ADA compliant. Read the article………………………..
Is a Construction Defect Plaintiff Entitled to Prejudgment Interest for Unrepaired Defects? (FL)
Prejudgment interest is a type of compensation payable to the plaintiff from the time the cause of action accrues until the time of the final judgment. Under Florida law, prejudgment interest is merely another element of pecuniary damages that is intended to make the prevailing party whole from the date of loss, once a finder […]
No Diving: What You and Your Property Manager Should Know Could Hurt You (FL)
In an unpublished opinion from the 11th Circuit Court of Appeals, a three-judge panel unanimously reversed summary judgment which had been entered in favor of a property management company — Paradise Beach Homes (“PBH”) — in a premises liability suit which alleged PBH failed to warn guests about the danger of diving off the pier […]
How Condo Associations Can Mitigate Damages from Sea-Level Rise (FL)
Daunting statistics indicate that sea level will continue to rise for centuries, even if greenhouse gas emissions and global warming are sharply reduced. By 2100, sea levels are expected to rise by at least 24 inches. In Florida, the statistics are not encouraging. Miami has the most to lose in terms of financial assets of […]
Slow Your Roll: How to Address Speeding Issues in Your Association (FL)
Speeding is a big problem for many community associations — a problem that is not always easily addressed or corrected. How can your board slow the speed of traffic in your community? If your association does not currently have traffic rules, you may be able to rely on a nuisance provision in your Declaration. Alternatively, […]
Developer Can Use Working Fund Contributions to Offset its Financial Obligations to a Homeowner Association (FL)
It is common practice for developers to collect working fund contributions or initial contributions upon the sale of homes in communities operated by homeowner associations. The amount of working fund contributions or initial contributions can be either a specific dollar amount or an amount equal to 2-3 months of association assessments. In a recent opinion, […]
Can a Homeowner’s Association That Allows the Violation of a Restrictive Covenant be Liable in Tort? (FL)
The issue of whether a homeowner’s association that permits a violation of its restrictive covenants is liable in damages in tort was addressed by the Fourth District Court of Appeals in the recent case of Seminole Lakes HOA v. Esnard, Case No 4D18-15 (Florida 4th DCA Dec. 19, 2018). In this case, the association was […]
Say What?
In terminating a third party vendor, a board of directors must be careful in disseminating information concerning the basis for its decision – especially if the decision was due to poor performance or contractual violations by the vendor. Read the article………………………
Short-Term Rentals (ban) Ruled Illegal in Miami Beach, Now What? (FL)
Last week, a Miami-Dade County Court struck down Miami Beach’s ban on short-term rentals, which prohibits rental periods of less than six (6) months and one day in single-family and multifamily residential buildings located in certain areas. Specifically, 11th Circuit Court Judge Hanzman ruled that the City’s ordinances regarding short-term rentals are in direct conflict […]
Contracting for Faster and Less Expensive Dispute Resolution (FL)
Disputes are a fact of life on construction projects. There are just too many variables, unknowns and unpredictable things that can occur during the course of a project that can lead to disagreements and disputes, particularly when significant dollars are at stake. However, as many in the construction industry know, or come to find out, […]
Should Your Condo Association Adopt Online Voting? (FL)
Election season is nearly upon us, and many associations are considering whether to adopt online voting (or “E-Voting”). On July 1, 2015, legislation took effect enacting Section 718.128, Florida Statutes, permitting condominiums, cooperatives and homeowners’ associations to conduct elections and other owner votes through the use of “an Internet-based online voting system.” This article will […]
Does a Condominium Association have to make reasonable modifications to accommodate a person with disabilities? (FL)
If a Unit Owner who suffers from a disability which impairs mobility requests the installation of a ramp on the common elements, or some other structural modification to permit him/her the beneficial use and enjoyment of the property, is the Association obligated to comply Read the article……………………..
Common courtesy: How to promote civility in community associations
Raised voices, reddened faces, and angry gestures. You might think you are watching a congressional hearing on C-SPAN, but you are at your community’s board meeting. The erosion of civility in our society has begun to manifest itself in private residential communities. This comes in many forms—from rudeness and disruptive behavior at meetings to more […]
You Get What You Pay For – Assistance Animal Application Packages
The complaint heard often from condominium and HOA board members is in regard to the influx of assistance animals in their “no pet” or pet restricted communities. Few other topics within the body of community association law cause more consternation then the application of the Federal, State and local Fair Housing laws. In fact, one […]
Vacation Rentals – What can you do to maintain your association’s right to restrict short-term rentals? (FL)
Unregulated, commercial short-term rental operators are threatening Florida community associations by spending millions of dollars to push for legislation that would force short term rentals into neighborhoods in violation of adopted deed restrictions meant to protect the rights and home values of the homeowners. Read the article……………………….
NEW RULES FOR FHA FINANCING – WHAT BOARD MEMBERS NEED TO KNOW (FL)
For some home buyers, financing the purchase of their new home can be a barrier to entry. Many home buyers need the benefit of an FHA backed loan for their lower interest rates. The Federal Housing Authority (FHA), a part of the Department of Housing and Urban Development (HUD), has provided mortgage insurance on loans […]
Adapting to Short-Term Rentals: What You Need to Know About Restrictions (FL)
Last month, our CUP touched on the fact that in the City of Miami Beach, illegal rentals might mean jail time. The problem, however, is not limited to beach front condominiums. Many single family home and townhome communities are facing similar issues. These homeowner associations, struggling with short term rental issues, want rental policies that […]
Americans With Disabilities Act (“ADA”) Accessibility for Websites
It is unclear from the current case law, guidance, and the ADA, whether a condominium association, with short term stays of thirty (30) days or less, must provide an accessible website for people with disabilities. One of the only cases to address this situation is Dunn v. Phoenix West II, LLC, et al., 2016 WL […]
The (Tree) Root of the Problem: Who is Responsible when Tree Roots and Branches Cause Damage? (FL)
They say good fences make good neighbors. But trees, on the other hand, have been known to strain the relationship between neighbors. Damage and disruption amongst neighboring lot owners, caused by tree roots and branches, is a very common problem in Florida. Not surprisingly, Florida courts have addressed this issue and have carved out a […]
“Charging Excessive Fees Could Spell Big Trouble,” FLCA
Condominium associations are limited by statute on the amount of fees which can be charged in connection with the transfer of a unit. An association in Miami just learned this lesson the hard way. Read the article……………………
2019 Florida Legislative Update for Condominium and Homeowner Associations (FL)
There were not any major changes during the past session as lawmakers passed about 10 percent of bills that were filed. However, there were two noteworthy legislative updates to Chapters 718/720 which impact Florida’s Condominium and Homeowner Associations that went into effect July 1, 2019. Read the article……………………..
New Legislation Impacting Florida Construction Defect Litigation
Section 624.1055, Florida Statutes, is part of the recent Omnibus Insurance Bill, HB 301: Contribution Rights Among Insurance Carriers. This new legislation impacts those involved in Florida construction defection litigation and applies to claims, suits or other actions initiated after January 1, 2020. Read the article……………………..
Managing Recovery Efforts after a Hurricane
A fter battering the Bahamas as a Category 5 storm, Hurricane Dorian wreaked havoc on the Carolinas bringing heavy rain, strong winds, and leaving more than 200,000 people without power, according to The New York Times. As residents begin to rebuild after Hurricane Dorian, disaster recovery is usually an incremental and extended process. Here are […]
Illegal Rentals Might Mean Jail Time (FL)
Owners with illegal unit rentals can end up in jail. At least they can if they live in Miami Beach. The City of Miami Beach is on the forefront of municipalities cracking down on illegal Airbnb rentals. The city announced it will prosecute hosts who provide fake business license numbers in order to list their […]
Who’s on First? Condominium Unit Owner Joint and Several Liability for Delinquent Assessments After Foreclosure (FL)
The First District Court of Appeal decision in Coastal Creek Condominium Association, Inc. v Fla Trust Services, LLC, Case No. 1D18-1457 (Fla. 1st DCA, July 16, 2019) addressed whether a current condominium unit owner is jointly and severally liable for delinquent assessments accruing during the ownership of a remote owner. Having found that the joint […]
HOA Dispute Over Backyard Playset, Other Amenities Snowballs Into Federal Lawsuit
As was chronicled in a recent article in the Gainesville Times newspaper, Martin Moreira and his wife Zulema filed suit against the Pointe West Homeowner’s Association after their plans for a backyard makeover were nixed by the association. They filed the discrimination complaint in federal court in April after the HOA had issued fines and […]
Who Said What?” Board Officers Should be Careful how They Handle Their Official vs. Personal Communications to Members – Part I (FL)
There is no doubt that technology has significantly improved the way communities and neighbors interact and communicate with one another. The sheer number of social media applications and web-based platforms available to individuals and community associations make it easy for information (and misinformation) to be disseminated quickly among hundreds, if not thousands, of individuals in […]
Why Community Associations Should Check Their Zoning and Entitlement History (FL)
Zoning laws are enacted by villages, towns, cities, or counties to control the types of uses and the parking ratio, intensity, density, and dimensions of those uses. This is for the purpose of preserving property values, managing growth, preserving the character of a community, facilitating the adequate provision of transportation, and promoting public health and […]
Putting the Puzzle Together Regarding Insurance Coverage and Exclusions
In those pages and pages of insurance documents detailing your available insurance coverage you’ll also find exclusions explaining what is not covered in your insurance policy. There might, however, be some exceptions to those exclusions that should keep the claim from being excluded under the policy. Confused yet? Read the article…………………………
When Construction Occurs Next Door, Your Board Needs to Get Involved Early! (FL)
It’s likely that at some point during your community’s lifespan, new construction will occur nearby and the impact on your residents will vary both short and long-term depending on the steps your Board takes early in the process. Sometimes new construction is welcomed enthusiastically by the members of an established community but more often than […]
1980 — still crankin’ out the hits…and the case law! (FL)
Do you remember the 80’s? I sure do, Blondie sang Call Me and The Empire Strikes Back came out and we learned that Darth Vader was Luke’s father (still unbelievable nearly 40 years later)! More importantly, the First District Court of Appeal remembers the 80’s and recently referred to a decision it handed down in […]
Is it a Golf Cart or a Low Speed Vehicle? Florida Community Associations Beware
Nearly all of Florida’s community associations have rules and regulations governing various aspects of community living. It is common for those rules and regulations to include restrictions on vehicle usage, and oftentimes there will be specific restrictions on the use of golf carts within the community. But Florida community associations should beware, what looks like […]