Changes and shakeups on community association boards of directors are common in Florida, and since the legislature has imposed term limits for association directors, communities are likely to see an even greater level of transitions to new board members in the years to come. Read the article………………………….
Ruling Stresses Importance of In-Camera Hearings for Attorney-Client Privilege Claims (FL)
A Florida appeals court has granted a temporary reprieve to a Coral Gables lawyer battling a subpoena under the assertion of attorney-client privilege. The Third District Court of Appeal ruled Wednesday that Miami-Dade Circuit Judge Barbara Areces erred in ordering attorney Alba Varela to appear for a deposition, and denying the litigator’s motion for protective […]
New Laws Spurring Fla. Community Associations to Implement E-Voting, Websites
Technology has been the focus of many recent changes to Florida laws, including those that now allow community associations to implement electronic voting and require condominium associations with 150 units or more to have a website containing digital copies of certain official records. Read the article…………………………..
A Condominium Association Victory in the Ongoing Fight for a Prior Owner’s Assessments (FL)
A recent case, Coastal Creek Condominium Association, Inc. v. FLA Trust Services LLC has upped the ante in the fight to collect outstanding assessments owed by previous owners pursuant to Section 718.116(1)(a), Florida Statute. In Coastal Creek, the Florida First District Court of Appeal adopted a different interpretation of a Florida statute than the Florida […]
Avoid Condominium Common Element Wear And Tear By Restricting Owner And Tenant Dual Usage (FL)
At Florida condominiums, excessive wear and tear on the common elements may expedite their useful life and precipitate costly repairs and maintenance. This problem may be exacerbated at larger condominium associations when both tenants and owners are using the common elements. A condominium association can mitigate these deleterious effects by restricting dual usage of the […]
Insider Real Estate and Community Association Law Update (FL)
After its board of directors unanimously voted to sell a beachfront condominium, the association entered into a purchase and sale agreement with a real estate investor. The agreement required the association to use its best efforts to obtain consent from all 106 unit owners. While the association was attempting to obtain the consents, the real […]
Golf Course & Community Liability: Who is Responsible When Balls Do Damage (TX)
Living near a golf course is a dream for those who love to play the popular sport. When the swing of a golf club sends a ball through a nearby window or into a car, questions of liability quickly arise. Someone must pay for the repairs and discovering who the responsibility belongs to isn’t easy. […]
Staying Out of the “Dog House” – How to Handle Reasonable Accommodation Requests Under the Fair Housing Act (FL)
Owners living in pet restricted communities are becoming increasingly frustrated when they see other owners walking a dog or taking their dog to the pool. While it may feel like these owners are “breaking” the rules it is important to remind our frustrated owners that community associations are considered housing providers under the Federal Fair […]
Condo Association Strategies, Services to Address Short-Term Rentals (FL)
Condominium associations and HOAs throughout South Florida as well as across the country are seeking effective responses to the problem of short-term rentals that are in violation of their rules and restrictions. These unauthorized rentals, which have become prevalent with the growth of Airbnb and other online home-sharing platforms, can create a revolving door for […]
Is It Time to Amend Your Documents?
As the saying goes, change is the only constant in life. This fact, which is absolutely true, applies equally to Boards of Directors of community associations which are tasked with operating their communities consistently with the existing documents even if those documents no longer fit the needs of the community or no longer comply with […]
When Does a Condo Owner’s Lien Liability End? (FL)
The First DCA rendered an opinion this month wherein it certified conflict with the Third DCA over a condominium unit owner’s liability for association assessments and liens pursuant to § 718.116(1)(a), Fla. Stat., which pertains to a. Coastal Creek Condo. Ass’n, Inc. v. Fla Tr. Services LLC, 1D18-1457, 2019 WL 3114229, at *1 (Fla. 1st […]
Enforce or not to Enforce? A Community Associations’ Liability in Tort Cases (FL)
The Fourth District Court of Appeals recently addressed an association’s liability for failure to enforce no-street parking restrictions in Seminole Lakes HOA, Inc. v. Esnard, Case No. 4D18-15 (Fla. 4th DCA December 19, 2018). The case arose out of a car accident between Esnard and another driver which occurred inside the Seminole Lakes community. Read […]
Your Association’s Contractor Walked Off The Job – Now What?? (FL)
As happens far too often, contractors bid on an improvement project, start the work, only to later walk off the job. The contractor might do this for one of many reasons: the job was not bid correctly, prices go up, the laborers demand more money, and anything else that leads the contractor to believe they […]
“Former Felon Board Member Eligibility,” FCAP Managers Report (FL)
Fla. Stat. §§ 718.112, 719.106 and 720.306 each contain a limitation on a Read the article………………..n individual’s ability to serve on a community association board of directors if the person is a convicted felon. Specifically, a convicted felon is not eligible to serve on a community association board “unless such felon’s civil rights have […]
Condo column: Is a board-appointed committee the right way to delegate renovation work? (FL)
Q: We are preparing for a major renovation and the board has appointed a committee to make recommendations to the board. The committee is determined to be independent and is not communicating well with the board and we have discovered that the committee improperly ordered architectural drawings without the board’s approval. Is a committee the […]
Association’s Insurance Did Not Cover Lawsuit Filed by Condo Owner (FL)
A federal district court in Florida ruled a cross-liability exclusion in an insurance policy issued to Miami Beach a condominium association unambiguously precluded coverage of a lawsuit filed by a condo owner. Read the article…………………………
Guidelines for Removing Debris in Community Associations with Private Roads
Hurricane season is here. Now is the time for your community to take steps to ensure debris removal in your community is eligible for Federal Emergency Management Agency (FEMA) funding. As your community association braces for hurricanes, wildfires, and other natural disasters, there are steps you should take now to increase the possibility of getting […]
Solar Panels & HOAs – Can They Be Restricted? (FL)
While solar panels are often considered unsightly, they are a renewable energy device. For an individual home, they must be permitted by a homeowners association. However, they can be regulated. The relevant statute regarding solar panels is Section 163.04, Florida Statutes, which provides that no ordinances or laws can prohibit “the installation of solar collectors, […]
What’s Up with All This Traffic? The Impact of Neighboring Development on Community Association Roads (FL)
Whether you know it or not, the roads traveling through your subdivision are likely easements created for the purpose of providing ingress/egress access to public streets. And whether you know it or not, those easements may also benefit neighboring properties, giving them access through your subdivision to a point of entry on a public road. […]
Sea Level Rise: Forewarned is Forearmed (FL)
We have all heard the environmentalists’ cry about the Dead Sea shrinking. Water levels are falling at an average rate of three feet per year due to evaporation and human diversion of tributaries. The opposite conundrum – sea level rise – is not occurring quite as rapidly but is equally as concerning. Read the article………………………
Updates on Legislation That Affects Florida Community Associations (FL)
Only a few bills passed this year that affect community associations. These bills pertain to: 1. fire sprinkler and engineered life safety systems in condominiums, 2. removal of dangerous trees, 3. vegetable gardens, and 4. Assignments of Benefits Read the article…………………………..
Former Felon Board Member Eligibility (FL)
Fla. Stat. §§ 718.112, 719.106 and 720.306 each contain a limitation on an individual’s ability to serve on a community association board of directors if the person is a convicted felon. Specifically, a convicted felon is not eligible to serve on a community association board “unless such felon’s civil rights have been restored for at […]
Attorney-Client Privilege When Board Members Sue the Association (FL)
Many Associations have just completed their election season and find that a person or persons newly elected to the Board are involved in a case being defended or prosecuted by the Association. Now what? Clearly, a conflict of interest exists but participation in a lawsuit against the Association is not one of the factors that […]
Indemnity and the Association (FL)
Indemnification. A scary word and a confusing subject. However, almost all contracts for services contain requirements for one party to indemnify the other from damages. Often these clauses are in small type of allegedly “standard form” agreements. For purposes of today’s blog, let us discuss non-construction services. Indemnification for construction contracts is governed by section […]
Are There Skeletons in Your Association’s Closet?
Last week I was preparing an amendment to a set of recorded governing documents for a local community that were over 50 years old. There had been several amendments over those decades and I was asked to provide a few more updates by the recently elected new board. When I reached the section where I […]
Roofing 101: Common Legal Issues and Concerns (FL)
Under Florida law, a roofer must have a license to perform work in Florida. Roofers (or “roofing contractors”) are classified as Division II Contractors under section 489.105(3), Florida Statutes. Roofing contractors must hold one of two distinct types of licenses. A roofer may obtain a license as a “certified contractor,” whereby that roofer is permitted […]
Hurricane Season Is Here – If you Suffer a Casualty, You Need to Know About This New Law (FL)
A good reason why society provides for prevailing party attorney fees and costs is to make a potential plaintiff think twice before filing a lawsuit. Imagine being able to sue your adversary in court without worry that if you lose you will NOT have to pay prevailing party attorney fees and costs to the other […]
Pitfalls for Community Associations When an Owner Files Bankruptcy
Last year, over 750,000 bankruptcy cases were filed in the United States. Therefore, it is only natural that a significant number of owners of properties in community associations are filing bankruptcy. When that happens, the collision of community association law and bankruptcy law can create unpleasant pitfalls for associations. Read the article……………………
Another Fair Housing Case for Community Associations to Swim Around (FL)
The Federal Fair Housing Act, 42 U.S.C. 3601 prohibits housing providers from discriminating on the basis of race, color, national origin, religion, sex, marital status and disability. Most states, including Florida, have their own anti-discrimination laws, such as the Florida Fair Housing Act. In Florida, community associations are bound by both the Federal and Florida […]
Hurricane Preparedness and Loss Mitigation for Community Associations (FL)
From Hurricane Andrew to Hurricane Irma, the State of Florida has endured numerous destructive storms that foreshadow greater potential for destruction in the future. As evidenced by the fact that many community associations are still recovering from Hurricane Irma, communities should seek help now to ensure proper planning for the next natural disaster. Read the article………………….
2019 Florida Condominium & Homeowner Association Legislative Update
Based on the seemingly low media profile of recently passed legislation pertaining to community associations, many people wrongfully assume the latest session of Florida’s legislature will have little or no impact on their community association. To the contrary, although lacking in “name plate” legislation, the following recently passed legislation goes into effect on July 1, […]
Challenging the New Development Next Door
In most county and city governments, the land use process is one that will allow for some basic decisions to be made at staff levels, with higher levels of review in the form of public hearings required for larger scale projects, or proposals that deviate too far from the established standards for a given development. […]
Association Construction Contracts Require Deft Negotiation by Legal Counsel (FL)
Construction contracts often represent some of the costliest expenses that condominium associations will ever approve, yet many associations fail to utilize the necessary legal resources and expertise to craft and execute the most effective terms and agreements. Instead, they focus merely on obtaining competitive bids, as most associations are required to do for projects exceeding […]
Can Condominium or Homeowners’ Associations Suspend Use Rights and Voting Rights Due to Delinquency? (FL)
You’ve likely been there before. An owner is delinquent in the payment of a monetary obligation to your condominium and/or homeowners’ association, but that owner is still enjoying the common area/element amenities, such as the pool, gym, clubhouse, etc. and voting in association-related matters. That’s certainly frustrating and our Firm is often asked what recourse […]
Top Risk Management Issues for Florida Condo Developers: Part II
The liability assumed by condominium developers in Florida is both significant in breadth and in duration. Under Florida’s Condominium Act Warranty Law, developers are as equally liable as the contractor to unit owners, successor owners and the association for “fitness and merchantability for the purposes or uses intended.” Fla. Stat. 718.203. Read the article………………………
Community Associations Legally Permitted to Obtain Keys to Private Residences (FL)
When one lives in a condominium association, residents and owners must be aware that an association has the legal right to obtain an emergency key for every unit so it may access a residence under specific circumstances. Read the article……………………..
How Florida’s Adoption of the Daubert Standard Can Impact Construction Defect Lawsuits
On June 26, 2019, the Sun Sentinel published an editorial: “The Florida Supreme Court’s new evidence rule makes it harder to sue,” which is one of the many recent articles providing commentary on the Florida Supreme Court’s May 23, 2019 ruling, which changed the standard in Florida cases for evaluating and admitting expert testimony. Read […]
Top Risk Management Issues for Florida Condo Developers: Part I
The liability assumed by condominium developers in Florida is both significant in breadth and in duration. Under Florida’s Condominium Act Warranty Law, developers are as equally liable as the contractor to unit owners, successor owners and the association for “fitness and merchantability for the purposes or uses intended.” Fla. Stat. 718.203. Read the article……………………….
What Every HOA and Condo in Transition/Turnover Should Know About Florida’s Statutes of Limitations and Repose
We are frequently retained by homeowners associations and condominium associations who have just undergone transition/turnover from developer control to control by the unit owners other than the developer. Two of the first questions we ask them are 1) what amenities and other common elements does the association own or is it required to maintain; and […]
Speed Zones and Mitigating Traffic in Community Associations (FL)
We are often asked to provide our opinion and guidance regarding the rights and duties of Associations to install speed/traffic control devices and/or otherwise manage traffic on Association Property. Many Associations experience problems with drivers exceeding acceptable speed limits along Association roadways. Some Associations have gone to great lengths to address this problem, by installing […]
Special Assessments in Condo (FL)
Special assessments happen. The unfortunate reality is that during the life of a condominium building some unexpected expenses are going to arise and the association must take steps to fulfill its obligations to the membership. If the operating budget cannot handle these expenses, and there is not a funded reserve account which can dray the […]
Directors Voting – Dispelling Myths (FL)
Every director who sits on the board of a homeowners association gets a voice in the operations of the association. The questions I receive are more about how that voice is exercised through a vote. For instance, some directors travel quite a bit, whether for work or play is irrelevant. The directors however are entitled […]
Talk About a Condo Commando! Director Fires Gun to Shoo Away Teens from Pool (FL)
“I’m putting my own life at risk!” That’s what an Ormond Beach, Fla. homeowners association director is reported to have said after he fired his gun into the ground in an effort to shoo away two teenagers from the community pool. Thankfully, nobody was hurt in the incident, which resulted in the arrest of Richard […]
Hurricane Preparedness: What Associations Need to Know
Hurricane preparedness is a significant undertaking for every community association in Florida. Being well prepared — and well informed — can determine whether association boards and their managers will sink or swim in the aftermath of a storm. Here are some helpful tips to enable associations to stay ahead of the 2019 hurricane season, which […]
The Importance of Keeping Accurate Maintenance Records During Construction Projects (FL)
In many of the construction defect lawsuits we litigate, one of the main defenses asserted by construction companies is that the association failed to maintain their building, and it is the lack of maintenance that caused the defects – not the work performed by the contractors. It is the responsibility of the association to maintain […]
Hurricane Shutter Law Explored (FL)
Q: A friend of mine owns a townhome in a coastal community in Florida. He asked the HOA board if they can come up with a storm shutter policy under Florida Statute 718.113. The board replied that the HOA is not a condo HOA, based on the declaration, hence 718.113 does not apply. Is there […]
Technologies can enhance community association efficiency, productivity
No one can accuse community association managers or their accounting teams of being lazy. Managing requests from thousands of homeowners in the communities they serve can leave these employees drained and searching for more hours in a day. No computer program or mobile app can actually increase the number of hours in a day. But, […]
The Dynamics of Difficult People
We all encounter difficult people in our lives. This is particularly true for property managers. In dealing with difficult people, and in order to maintain your sanity, finding an effective way of dealing with difficult people is critical. Effectiveness in dealing with difficult people begins with understanding the dynamics of the person and situation Read […]
The “ABC’s” of Association Governing Documents
It’s that special time of year where it’s time to break out the sun block and the Yeti coolers. But what does this mean for a Condominium or Homeowners’ Association attorney? Fielding question after question from residents who want to solve all of their Association’s issues before making the trek up north. A lot of […]
How to stop the erosion of civility in community associations | Opinion
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 […]