Many of our clients, both condominium and homeowners’ associations alike, often ask about the proper procedures for issuing and collecting a fine. Section 720.305, Florida Statutes, which governs homeowners’ associations, states as follows: Read the entire article……………………………….
Florida Law On Pre-Turnover And Post-Turnover Community Association Contracts
Community associations are businesses. Not only are they corporate entities, but they collect revenue (i.e., owner assessments) and incur expenses planned for through a yearly budget. Just like any other business, community associations find themselves in unfavorable contractual relationships with other entities. Unique to community associations, these entities often find themselves in undesireable contracts entered […]
Dealing with elderly neighbor in violation of rules (FL)
For most violations of rules and restrictions contained in a Condominium or Homeowners’ Association governing documents, the enforcement procedure is fairly simple. A call or letter is sent by management telling the rule or regulation violator to knock it off. If the violation continues, then a certified letter is usually sent from the Association’s attorney […]
Creating Conditions That Lead To A Horrific Accident Does Not Always Create Legal Liability (FL)
From a recent Fourth District Court of Appeal case, Seminole Lakes Homeowner’s Association, Inc. v. Esnard, decided December 19, 2018, we once again learn that application of prior case law sometimes creates strange and convoluted results. Just because an association negligently creates obvious conditions for an accident to occur does not necessarily mean the association […]
What Does the Sign Say? Sign Regulation, Legal Issues and the First Amendment (FL:
All signs are subject to some form of regulation while at the same time carrying some form of First Amendment protection. Due to those protections afforded by the First Amendment, government regulation of signs is subject to a heightened scrutiny. This can often lead to disputes and litigation which we all know can be expensive […]
Toxic mold a nightmare for contractors
Contractors can face liability claims for toxic mold in the structures they build. These claims can be expensive to remedy, but the homes and businesses may not be able to be occupied unless the mold is eradicated. As with most construction law disputes, it is far easier to prevent mold than to remove its source. […]
Condo Terminations – What Are They and How Do They Work? (FL)
The Miami Herald published an article last year – “Real Estate Developers Ran Out of Waterfront Property. Now They Might Want to Buy Yours” – and the title says it all. This complicated process is called condominium termination. It’s difficult for real estate investors to find vacant waterfront development sites in Miami and Miami Beach. […]
Material Alterations
We receive numerous questions from our condominium association clients regarding proposed “material alterations” to the common elements. In general, the board is empowered with authority to maintain the common elements. Read the article………………………
Does Electronic Voting For Community Associations Really Work? How Do You Implement? (FL)
Q: I heard that the law in Florida recently changed and that owners in community associations can now vote electronically. What is required to implement electronic voting in my community? And does it really work? Read the Q&A……………….
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 […]
Why Your Community Association Should Plan Like a Business
Community associations are essentially businesses, and board members should treat planning and budgeting the way they would approach corporation planning. Here are tips on how to start.
Court Strikes Down HOA’s Rule Banning Personal Trainer From Fitness Center (FL)
Is a personal trainer in a fitness center like a call girl sitting at a clubhouse bar? This comparison was drawn by the trial court in its decision to grant summary judgment in favor of a homeowner’s association as to whether a personal trainer is an invitee or a licensee. Read the article………………….
Get Involved: How to Handle HOA Micromanagement (FL)
HOAs can provide big benefits to home owners within a close-knit community. But when do the rules go too far, and the HOA ends up micromanaging? Read the article……………………
“My Dogs. My Rocks. My Emotional Support,” Abandoned Pet Rescue
Single, 50 years old and the human to two small canines, I cannot help but turn to my four-legged loved ones for just about everything on the emotional spectrum. “Zoey” and “Kiwi” are unconditionally present for me during times of happiness, sadness, or when I feel upset, anxious, or fearful. Anyone who has had the […]
January, 2019: Insider Real Estate and Community Association Update
After they were hit in a rear-end car accident inside the Seminole Lakes Community, two plaintiffs sued the Seminole Lakes Homeowners Association claiming that it negligently allowed parking on both sides of the streets, in violation of rules in the governing documents. The case proceeded to trial and a jury returned a verdict in favor […]
No Pets Allowed: Accommodating Pets in Housing and Public Places
Anyone who has had the honor of sharing their life with a dog can relate to the experience of looking into your fur-baby’s eyes and feeling a sense of calm. In fact, research has revealed that petting a dog for a short period of time may actually lower blood pressure.[1] So, does this type of […]
When Does Interest Accrue on Delinquent Assessments? (FL)
The ability to collect interest for delinquent assessments is found in a community associations governing documents and is also recognized in Fl. Stat. Chapters 718 for condominium associations and 720 for homeowner associations. Specifically, section 718.116(3), Florida Statutes for condominium associations provides in part that unpaid assessments shall bear interest from the due date until […]
Estoppel Certificates
Some associations are still not complying with the new laws on Estoppel Certificates which is required of condominiums, cooperatives, and homeowners associations. Prior to July 1, 2017, you only had to provide the prospective purchaser with information about the monies owed to the association attributable to the unit being purchased. Now you must provide a […]
Avoiding Defense of Selective Enforcement (FL)
A common defense raised by owners who find themselves on the wrong side of a covenant enforcement action is to allege an association’s failure to enforce the covenant at issue against all violators and instead only selectively enforcing it. The defense of selective enforcement is based upon a case decided by the Supreme Court of […]
Performing Rights Organizations and Associations
So your community association has survived Hurricane Irma and completed all the repairs. In celebration of this milestone, the association decided to hold a community wide cookout with live music. The celebration was a success and thoroughly enjoyed by everyone. Now, two weeks later, you are in receipt of a certified letter from a Performing […]
Penalties for Financial Reporting Violations (FL)
In 2018, the Florida Legislature revised a provision within the Condominium Act concerning financial reporting. Specifically, if a condominium association fails to comply with a request from the Division of Condominiums, Timeshares and Mobile Homes (the “Division”) regarding providing a unit owner with a copy of the annual financial report, the condominium association, as a […]
Hurricane Insurance Claims for Condominium Associations,
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 […]
Board Members, Property Managers: Be Aware of New Community Association Guidelines (FL)
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 Dec. 5, 2018. Read the article…………………….
Indemnification Provisions and the “Vouching In” Rule – – The Most Dangerous Contractual Provision You Probably Don’t Know About
If you have been in the business world for any reasonably length of time, or if you have leased property or entered into a contract for construction or remodeling, you have probably been a party to a contract that contains an indemnification provision. Read the article…………………
Florida Federal Court Finds Insurer Must Defend Contractor in Defective Condo Construction Suit
The United States District Court for the Middle District of Florida recently granted summary judgment in favor of developer, KB Homes, ruling that Southern Owners Insurance Co. must defend KB Homes under various Commercial General Liability policies. Read the article……………..
What Does Florida Law Say About A Community Association Bulk Services Agreement Such As Cable And Internet Service? (FL)
Bulk services agreements are those agreements entered into between a condominium association or homeowners association and a company for providing similar services to the community’s entire membership. These are most commonly used for providing the community with broadband services, such as phone, cable and internet service. The benefit of bulk services agreements is that the […]
Court Decision Touches on Condominium Airspace Property Rights (FL)
In property law, owning land includes owning the earth under the surface and air above the surface. Florida’s First District Court of Appeals recently addressed airspace condominium parcel rights in Sterling Breeze Owners’ Ass’n, Inc. v. New Sterling Resorts, LLC, Case No. 1D17-1553 (September 5, 2018). Read the article………………….
Emotional Support Animal (FL)
The following is a paraphrased example of the one question that we are asked most frequently: “I live in a condominium, which has had a “no pet amendment” since it was built. A person recently purchased a unit and has been seen with a dog that barks all the time. The owner signed all the […]
Appeals court upholds lower court decision in dispute over Heron’s Landing condos (FL)
A Florida appeals court has affirmed the decision of a lower court in a dispute over the condition of condominium units in Jacksonville. “Appellant contends that the trial court erroneously admitted extrapolation evidence and erred in failing to grant its motion for a directed verdict,” the First District Court of Appeals in the State of […]
My Unit is Flooded From a Neighbor’s Condo! Who Pays For a Condominium Leak or Dry-outs Afterward? (FL)
It’s not unusual for condominium owners to experience leaks that don’t come for their own unit. Being surrounded by other people’s unit above, below, and on the sides, makes leaks inevitable from a neighbor’s condo. When you add in owners who may only live in the unit part time, and other units that may be […]
Can Condominiums Charge Capital Contribution Fees? (FL)
Our condominium association clients frequently ask whether they can charge “a new owner fee” or a “working contribution” or “capital contribution” to buyers of a unit. We respond “no.” After our condominium clients get over the initial shock we didn’t provide the usual lawyer answer, “it depends,” the next question usually is “why not”, or […]
Nuisances – What Is A Board To Do? (FL)
The dog barks, and the parrot squawks. A neighbor is cooking with too much garlic, again. An owner is smoking non-stop on their balcony making it unpleasant for everyone else. A neighbor, several neighbors, or even many neighbors are complaining to the board. What is a community association board to do? Read the article……………
My Master Association is a Condominium Association… Maybe? (FL)
Even though you own a condominium, is it possible one of the associations governing your condominium unit thought to be a condominium association for decades is actually a homeowners association? Yes, it is. Many owners in the State of Florida own condominium units under the jurisdiction of two community associations. The first, a smaller condominium […]
Helpful Tips for Successful Condominium Association Annual Meetings, Elections (FL)
This is the time of year when many Florida condominium associations conduct their annual meeting and election of directors. Here are some helpful reminders about the process to ensure that your community’s meeting and election avoid potential glitches and remain in compliance with Florida law. Board membership should be viewed as being akin to a […]
Limited Vacancy: Florida Appeals Court Rules in Favor of the City of Miami’s Airbnb Rental Ban
Florida’s Third District Court of Appeal handed down a win for local governments on Wednesday when the Court reversed a previous Circuit Court injunction that barred the City of Miami from enforcing a ban on short-term rentals in residential areas of the City. Read the article………………….
Decorating with Flair… While Keeping it Fair (FL)
Decorating is one of the most fun aspects of the holidays. It’s the time of the year when your lawn goes from the same everyday style to a winter wonderland. If you’re in a community with an HOA or are looking to keep everyone in your neighborhood happy, this one’s for you. Read the article……………….
Suit Against Association for Emotional Support Animal Denial Sends Message to Fla. Condos, HOAs
Emotional support animals have been in the news quite a bit during the last couple of years. There have been reports of airline passengers boarding with a peacock, hamster, pig, a duck wearing a diaper and a squirrel. As a result, companies have started to change their policies, and the public’s attitudes and perceptions toward […]
Condominium Association Conflict Of Interest And Required Disclosure (FL)
In 2017, Florida enacted legislation that specifically required disclosure when a condominium association conflict of interest arises between a director or officer and a vendor. Specifically, Fla. Stat. 718.3027(1) states that the two situations below create a rebuttable presumption of a conflict of interest. Read the article………………..
Legislative Update Continued: Recalls and Financial Reporting (FL)
In 2017, extensive legislative changes were made to laws governing various condominium governance items, including board member recall procedures and association financial reporting laws. This year, several clarifications have been made to those (in some cases dramatic) changes. Read the article……………..
Court Decision Extends Time to File Construction Defect Claims Following Proper Pre-Suit Notice (FL)
A new decision out of Florida’s Fourth District Court of Appeal addresses whether providing a mandatory pre-suit notice of construction defect claims satisfies the requirements of Florida’s 10-year Statute of Repose in §95.11(3)(c), Fla. Stat. (2014), even if an actual lawsuit is not filed within that period. In a win for Florida homeowners, the Court […]
Rule Enforcement Authority of Rules and Regulations made by a Community Association Board (FL)
The Florida Homeowners’ Association Act and the Florida Condominium Act provide a community association’s board of directors with authority to promulgate rules and regulations concerning the association property and its members. The creation and enforcement of an association’s rules and regulations are often areas of uncertainty and doubt for community association board members. Because rule […]
Takeaways from HOA’s Handling of “Parkland Strong” Yard Sign Controversy (FL)
In the aftermath of one of the worst school shootings in U.S. history, the residents of Parkland in Broward County have taken pride in the resilience and unity that they have demonstrated as a community. Memorials and messages of support were placed throughout the neighborhoods and enclaves surrounding Marjory Stoneman Douglas High School, and signs […]
Associations Should Repair Life Safety Defects Even During the Pendency of Litigation (FL)
With the construction boom in full swing, more and more construction defect lawsuits are being filed on behalf of condominium associations because of countless construction defects that occurred during original construction. These construction defects are particularly prevalent in Miami where the unique real estate development market, weather, and shortage of skilled trade workers make it […]
Condominium Association Statutory Required Websites – Facts and Myths (FL)
Section 718.111(12)(g), Florida Statutes, was added to Chapter 718, Florida Statutes in 2017, requiring that by July 1, 2018, an association with 150 or more units which does not manage timeshare units is required to post digital copies of the documents specified in the section on its website, and lists specific documents that are required […]
Unsafe Balconies, Water Leaks, Other Flaws Claimed at Luxury Sunny Isles Beach Condo (FL)
Sunny Isles Beach’s luxury Regalia condominium, where each unit takes up an entire floor and has floor-to-ceiling glass walls, needs $30 million in repairs due to construction and design defects, an attorney for residents said. Problems include safety hazards like using the wrong or no screws for balcony railings and putting electrical grills meant only […]
What A Difference A Day Makes – The Need For Strict Compliance With Fining Notice Requirements (FL)
The ability to impose a fine on an owner who has violated the conditions and regulations of a community association is one of the tools an association may use to bring about compliance with its governing documents. Notwithstanding the provisions regarding the fining process that may be set out in the association’s governing documents, the […]
MRTA and How to Revive Expired HOA Covenants and Restrictions (FL)
During the last 30 to 40 years, exponential population growth and concomitant community development has occurred throughout the Sunshine State. Most newcomers to Florida during that period of time became accustomed to purchasing homes in amenity-rich communities that offered pools and clubhouses, and, in many instances, gates and guardhouses with a promise of security that […]
The Condominium Fire Sprinkler Retrofit and Engineered Life Safety Requirements (FL)
There appears to be some confusion surrounding the compliance date of the Engineered Life Safety System for those condominium associations that previously voted to opt out of the requirement to install condominium fire sprinkler retrofit. What is not confusing is that the safety of all occupants living in high-rise condominiums is paramount. No one wants […]
Legal Tools at Your Disposal to Make Your Responsibilities as a Board Member Easier (FL)
I often find that there is an over-complication that some people believe goes hand-in-hand with their responsibilities in operating a condominium. Most forget that the statute and administrative code provide boards with some basic tools to assist in day to day operations. This article will review some of these tools. Read the article……………….
Condos, HOAs, and Written Inquiries (FL)
Many times I see situations where an owner sends a community a certified letter seeking the answer to questions about various issues. The nature and manner of the responses is dictated by the type of community. The Florida Condominium Act states that when a unit owner of a residential condominium files a written inquiry by […]