One of the most challenging aspects of effectively running and operating a condominium association is the constant turnover in board membership and the inconsistency this creates concerning rules enforcement. Most association board seats are up for reelection every one to two years. When members decide to run for the board, they often do so because […]
Understanding Stormwater Systems (FL)
South Florida is a region where seasonal rains fall over flat lands that offer little drainage. It is imperative that associations understand their stormwater systems and that ongoing maintenance of drainage systems is performed for flood prevention and compliance. Some counties and local water control districts require licensing and renewal of the permits for the […]
“Armed and Dangerous,” CAI Common Ground
IT WAS NOT A PLEASANT TOPIC, but that didn’t stop the Ridgeview Place Condo Association near St. Louis from raising questions about what owners should do if an “active shooter” storms the community. “We’re too isolated for anybody to really come—and we’re all too old,” says Diane Burnell, chair of the association’s disaster preparedness committee. […]
Premises Liability for Failure to Enforce (FL)
There are two recent cases of which community association boards should be particularly aware of. Both cases involved residents who were injured by third parties but who filed suit against their association claiming that the association was also partly responsible for their damages because of their failure to enforce the rules and restrictions in the […]
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 […]
Preparing Your Community Association’s Landscaping for Hurricane Season (FL)
There are two constants every summer in South Florida: high temperatures and hurricane season. As Floridians know, hurricanes can cause some serious damage to our landscapes if preventative measures aren’t taken. It is the responsibility of the Board and Property Manager to prepare a community’s landscaping to mitigate any possible damages. The following are some […]
Insider Real Estate and Community Association Law Update April, 2019 (FL)
After entry of a final foreclosure judgment and foreclosure sale which did not satisfy the amounts owed pursuant to a promissory note and mortgage, the judgment creditor instituted a deficiency action seeking damages, interest, costs and attorneys fees. The deficiency action was filed less than five years after entry of the final judgment but more […]
Construction Defect Pre-Suit Notices: Here’s What You Should Know (FL)
When hiring a construction company to complete work, most people have expectations regarding the quality of work they’d like to receive. However, when the completed work is below expectations, and if a deal cannot be worked out with the company, a construction defect lawsuit may come into play. Read the article…………………….
Florida Condominium Associations: What Is A Nuisance?
What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance? Florida Condominium associations deal with nuisance complaints on a regular basis. The challenge in addressing nuisance issues is defining exactly what constitutes a nuisance. Generally, nuisance is defined in Black’s Law Dictionary as “a […]
Election Voting Assistance (FL)
In the Condominium Act, it is very clear that only a unit’s owner can vote in election. That means that an election can’t be decided through the use of proxies (limited or general). There is an exception for associations with fewer than ten units who have voted to follow a different voting procedure. In such […]
Taking Action Against Short-Term Rentals in Condos and HOAs: Fighting HB 987 and SB 824 (FL)
There are two bills: HB 987 and SB 824 dealing with the regulation of vacation rentals in community associations which are very detrimental to associations in Florida. Both could result in uncontrolled expansion of the use of services like Airbnb and VRBO in your condos and HOA’s. The first is HB 987, which would take […]
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 […]
Enforcement of Covenants (FL)
The covenant enforcement process begins with inspecting the Community. Typically, your management company will send violation letters to the Owner regarding the observed violations in an attempt to resolve the matter prior to our Law Firm’s involvement. The number of violation letters sent to the Owner is determined by the Board of Directors. If the […]
Protecting your Community Association during Hurricanes (FL)
For everyone who calls beautiful Central Florida home, hurricanes and other dangerous storms are a reality that we must respect and adequately prepare for this time of year. As a reminder, hurricane season officially ranges from June 1st through November 30th and the purpose of this article is to help our condominium and homeowners’ associations […]
Stricter Disciplinary Penalties for Florida Community Associations Now in Effect
A couple of years ago we saw the Florida state legislature add teeth to Florida’s condo and HOA laws governing theft, fraud, abuse and conflicts of interest. Recently, the Department of Business and Professional Regulation, the state agency that governs community associations, followed suit by implementing harsher civil disciplinary guidelines for condominium association infractions. Read […]
Considerations For Community Association’s Use Of Drones For Covenant Enforcement And Maintenance Inspections
There are benefits to community associations using drones for issues such as covenant enforcement and common area maintenance. The biggest of which is the cost effectiveness and efficiency of using drones instead of individuals to perform these inspections. However, there are significant risks as well. There are a number of considerations that community associations must […]
Recounts: Difficulties Correcting HOA and Condo Election Ballot Count Errors After the Annual Meeting (FL)
Floridians who were of age during the 2000 U.S. Presidential election know firsthand how controversial close elections, disputed results, and recounts can be. Disputed homeowners’ association and condominium association elections can be just as disruptive to the community. Since community associations are statutorily required to retain election materials for a period of time, one natural […]
Some condominium association records now must be permanently maintained (FL)
Prior to a strange amendment to Section 718.111(12), Florida Statutes in House Bill 841 was approved and became effective July 1, 2018 last year, most association records had to be kept for at least seven (7) years. An exception was made for “ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating […]
Association Election ‘Shenanigans’ Lead to Contentious, Costly Litigation
A case in which a trial court concluded may have involved some association election “shenanigans” is going back to the trial court for further proceedings after the Fifth District Court of Appeal reversed the lower court’s order mandating binding arbitration. Read the article……………………….
Is Your Association Missing Out on a Utilities Sales Tax Exemption? (FL)
Some associations are unaware that they could be entitled to an exemption for the sales tax related to a major expense – utilities for common areas serving exclusively residential properties, including condominiums and homes in a homeowners’ association. However, nonresidential uses are not exempt. Read the article……………………….
How To Calculate Real Estate Valuation Damages In A Construction Defect Action
When determining whether to pursue a construction defect action, few property owners consider the question: “how will my damages be calculated?”. While understandable, failure to properly address this question can prevent owners from recovering the full extent of their damages. This blog post discusses issues that should be considered when calculating the impact of a […]
Can A Condominium Impose Special Assessments For Necessary Or Routine Maintenance? (FL)
Although it is rarely welcomed by the owners, condo associations are permitted by Florida statute to impose special assessments for necessary and routine maintenance. There are a lot of considerations that come into play in deciding whether special assessments for necessary maintenance are required, both procedural and substantive considerations. Read the article……………………..
How Homeowners Can Have a Productive Relationship With Their HOA (FL)
A Homeowners’ Association (HOA) is a private association that chiefly exists to safeguard the property values of a particular building or community. An HOA is basically established by the developer of the community where the homes are built. HOAs have got a bad reputation generally because of their strict rules and arbitrary orders they enforce […]
Communication With Your Attorney
Most attorneys are adept and accustomed to using a variety of forms of communication with their clients. Most attorneys will also charge for communications with their clients, so clients should consider what is best, not only in the context of cost, but also what is best for providing and receiving legal advice. As an attorney […]
Are E-Mails Official Records? (FL)
Whether you live in a condominium, cooperative or homeowner association, the Statue governing your community defines the term “official records”. In defining official records, each Statue has a catch-all provision. All other written records of the association not specifically included in the foregoing which are related to the operation of the Association. Read the article………………….
Service Animals in Your Community Association – “Can They Do That?
When it comes to association rules and bylaws, there seem to be more questions than answers. Becker’s video series, “Can They Do That?” tackles some of the unique problems that homeowners and renters face today. We answer questions, no matter how far-fetched they may seem. From service animals to nudists in your community, we get […]
The Project Costs What!?! That Requires A Membership Vote (FL)
Condominium Associations are in the maintenance game it seems at times. Just when one project ends, another is beginning. Maintenance is simply a fact of life for all condominiums. A big problem arises in many condominiums, however, when the maintenance project is deemed by the membership to be too expensive as they believe the cost […]
Raffles and Games of Chance: A Gamble for Community Associations (FL)
Historically, gambling was only illegal when it became a public nuisance. See Lee v. City of Miami, 121 Fla. 93, 163 So. 486 (1935). Today, although gambling is not generally prohibited, almost all forms of gambling are either prohibited by Florida law or heavily restricted. Given the potential for condominiums, co-ops, and homeowners associations or […]
Rules on Drones All Community Associations Should Consider (FL)
Drones have become extremely popular for those who yearn for the latest gadgets and gizmos. Many associations have already adopted rules to address the use of drones in their communities, and those that have not done so should give it serious thought and consideration. Read the article………………….
What Every Condominium Association Needs to Know About Security Deposits(FL)
………disputes relating to security deposits collected by our condominium associations from tenants who rent from individual unit owners. It is standard procedure for many associations, if the authority to do so appears in their declaration or bylaws, to require a security deposit from a prospective tenant. This is separate and apart from any other deposit(s) […]
Finally! Some Push Back on Short Term Rentals (FL)
After a series of rulings adverse to community associations’ and local governments’ efforts to limit or prevent short term rentals, the Third District Court of Appeal in City of Miami v. Airbnb, etc., et al., No. 3D17-1213 (Fla. 3d DCA, December 5, 2018), upheld the City of Miami’s code ordinance preventing short term rentals. Read […]
Florida’s Department of Business and Professional Regulation Issues New Guidelines for Community Associations – Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect
Board members and property managers of condominium communities need to be aware that the State of Florida’s Department of Business and Professional Regulation issued revisions to rules pertaining to violations and penalties, 61B-21, Condominium Resolution Guidelines for Unit Owner Controlled Associations, which went into effect December 5, 2018. Read the article………………….
Make Sure to Contact Your Community Association Attorney When…
Serving on the board of directors of a community association, whether it is a condominium or homeowners association or a co-op, comes with a lot of responsibility. Part of being a successful leader is identifying potentially problematic situations and knowing when to ask for professional help. Read the article…………………..
5 Essential Dos and Don’ts of Great Managers
Keep your Board educated concerning emerging trends. Board members aren’t tied the latest cases, legislation, and changes that impact their roles as board members. Many allied professionals – attorneys, accountants, engineers, insurance agents – will send emails or links to posts about important new issues in their fields. Great managers take the time to read […]
“I SEE YOU”: The Growing Demand to Install Video Doorbells in Multifamily Buildings
Security concerns are always at or near the top of the list of priorities in shared ownership communities. With personal home technology evolving at a dizzying pace, many homeowners are considering the installation of video doorbells such as those offered by Ring or Nest. However, for owners living in private residential communities, particularly in multifamily […]
Optional Condo Terminations (FL)
In part one of this blog post, we covered the basics of condo terminations, dived into how they work, and promised that in part two we’d cover recent legal changes for terminations, which include restrictions on terminations, stricter voting requirements, and other changes. Read the article…………………
Condominiums Can Be Subject to Extinguishment Under The Marketable Record Title Act (FL)
An interesting new decision out of Florida’s Second District Court of Appeal addresses whether an Association, whose members are unit owners within a condominium, was entitled to revive its declaration of covenants and restrictions pursuant to the Marketable Record Title Act (MRTA) as it existed in 2016. As we have addressed in previous posts, generally […]
Florida Must Take the Lead When It Comes to Sea Level Rise
There’s a joke about South Florida – there are two things you can see from space. The first is the Great Wall of China and the second is the divide between Miami-Dade and Broward Counties. Neither is really true, and more and more each day our region and our state are becoming increasingly unified. South […]
Condominium and Homeowner Associations Must Abide by Amended Federal Fair Housing Act Regulations
The Fair Housing Act (FHA) was amended in 2016 to prohibit quid pro quo (“this for that”) and hostile environment harassment in connection with the sale, rental and availability of housing. Pursuant to 24 CFR Section 100.7(a)(1)(iii), the amendment also applies conduct by a third party. Read the article……………………
Can My Association Board Pass a Rule Regarding That? (FL)
You attend your association’s monthly board of directors meeting because you notice an item on the agenda that piques your interest. The board of directors is scheduled to consider and pass a rule regarding _________ (you fill in the blank). You ask yourself “Can they do that?” The answer, as it is many times, is […]
Similar Reports of Association Theft in Both Coasts on Same Day Send Message to Boards of Directors Everywhere
Reports of association theft, fraud and embezzlement are no surprise to the South Florida community association attorneys at our firm, but two similar reports on the same day from communities on both the east and west coasts of the country drew our attention. The media reports of the incidents, which both ran on Thursday, Jan. […]
Permitted Breach of Rules by Association Does Not Create Liability for Resulting Accident (FL)
Lack of parking can be an extremely troublesome issue for many South Florida community associations. For HOAs with rules that prohibit on-street parking, the dearth of available spaces for residents and their guests can leave many homeowners feeling stymied and annoyed. Read the article………………………..
Insider Real Estate and Community Association Law Update (FL)
Condominium Association Faces Unit Owner Class Action Pinnacle Condo. Ass’n, Inc. v. Haney, 44 Fla. L. Weekly D203 (Fla. 3d DCA Jan. 9, 2019) After Hurricane Wilma and Hurricane Katrina caused structural damage to the four high-rise towers of the Pinnacle Condominium in 2005, the Condominium Association entered into two contracts to repair the damage. […]
Recent Changes to the Marketable Record Title Act (FL)
Imagine not being able to collect homeowners’ association dues or enforce rules in your community. For homeowners’ associations approaching thirty (30) years of age, this threat is more than a cause for sleepless nights and may become a reality if covenants are not preserved in a timely fashion from the operation of The Marketable Record […]
DBPR’s Condominium Division Increases Disciplinary Civil Penalties Against Associations (FL)
Many community associations unwittingly operate contrary to the requirements of Florida law. Those mistakes can prove costly. Pursuant to section 718.501(1)(d)(6), F.S. and Chapter 61B-21 of the Florida Administrative Code, the Division of Florida Condominiums, Timeshare and Mobile Homes (“Division”) sets forth disciplinary guidelines and civil penalties against condominiums and cooperatives for violations of Florida […]
The Subrogation Situation
With increasing frequency, insurance companies that provide unit owner insurance are suing community associations to recover payments made to the unit owner that are related to water leaks in the unit. The problem with these lawsuits is two-fold. First, the insurance companies are waiting years to bring them, although still within the statute of limitations […]
Fining Procedures – Converting Fine to Assessment (FL)
Many of our clients, both condominium and homeowners’ associations alike, often ask about the proper procedures for issuing and collecting a fine. In our previous blog post titled “Fining Procedures – Issuing a Fine” we discussed how both condominiums and homeowners’ associations properly issue a fine. This blog post will focus on converting a fine […]
Condo owners win appeal over revising homeowner rules (FL)
A group of condominium owners have won a court appeal after the state’s Department of Economic Opportunity claimed that the association was not entitled to amend or revise its property owners rules. On Jan. 25, the U.S. District Court of Appeal of Florida, Second District granted a reversal of a lower court ruling that found […]
Fining Procedures – Converting Fine to Assessment (FL)
Many of our clients, both condominium and homeowners’ associations alike, often ask about the proper procedures for issuing and collecting a fine. In our previous blog post titled “Fining Procedures – Issuing a Fine” we discussed how both condominiums and homeowners’ associations properly issue a fine. This blog post will focus on converting a fine […]