Florida is an ideal place to buy real estate. With a wide variety of home types and a lack of new buildings, demand is high for new construction. That demand, just as occurred in the run up to the great recession, puts pressure on home builders to meet tight timeframes to construct and sell housing […]
“Sunshine Laws” Do Not Apply to Community Associations (Open Meetings are Still Required) (FL)
Frequently, there are complaints by association members regarding violations of Florida’s Sunshine Laws, Chapter 286, Florida Statutes, which mandates public access to records and meetings. Sunshine Laws only apply to state or local governmental organizations. Although there are similar open meeting requirements for community associations, they are private organizations that are governed by entirely separate […]
How Many Votes to Amend? (FL)
Many community associations want to amend their documents for various reasons such as they are out of date, over burdensome on the members, “need to be tweaked,” etc. But, when considering an amendment, how does a Board know what vote is required? Read the article……………..
Rise and Fire
PUTTING SPRINKLER SYSTEMS in older high-rise buildings may sound like a no-brainer—particularly given recent fires like those in high-rises in West London and Honolulu—but winning support from owners can be tricky. Plenty of older condominium associations—built before local or state laws required sprinkler systems in high-rises—have shied away from installing them, launching debates at legislative bodies […]
Indemnifying Your Association’s Management Company (FL)
In today’s overly litigious world, more and more, when a community association is sued for everything from slip and falls, maintenance and repair obligations, to failure to provide official records, so too is the management company. Thus, there is no need to wonder why community association management companies require their community association clients to indemnify […]
Florida Condo Association Under Fire for Banning Bible Studies on Common Elements
A Florida condo unit owner has filed a complaint with the US Department of Housing and Urban Development, claiming that her condo association has discriminated against her on the basis of religion after it banned bible studies and other religious activities from being conducted on the common elements. For nearly a year, the unit owner […]
Tenants and Personal Property after a Foreclosure Sale (FL)
After a judicial foreclosure sale concludes and a certificate of title is issued, the purchaser named in the certificate may find the newly acquired residential property either occupied by a tenant in possession or filled with personal belongings. Sections 83.561, Florida Statutes, “Termination of rental agreement upon foreclosure” and 83.62, Florida Statutes, “Restoration of possession […]
3rd District panel affirms denial of class certification in case over assessed value of condos (FL)
Three 3rd District Court of Appeal judges have affirmed a lower court’s decision to deny class certification in a consolidated case involving two condominium associations. Judges Vance Salter, Kevin Emas and Ivan Fernandez affirmed the lower court’s decision in a March 21 opinion that Pedro J. Garcia and others be able to appraise each condominium […]
FL Lien Law: Removing a Construction Lien From Your Property
When contractors and other persons are not paid for their work on a private construction project in Florida, they may resort to recording a construction claim of lien on that property. That construction lien will serve as an encumbrance on the property, like a mortgage, until it is resolved or satisfied. Typically, a construction lien […]
2018 Legislative Changes for Community Associations (FL)
On March 23, 2018, Governor Scott approved House Bill 841, amending a number of statutes regulating community associations. The following is a summary of House Bill 841 by topic: Read the article…………….
Gov. Scott signs bill re: community associations (FL)
The bill revises requirements related to the governance and operation of condominium, cooperative, and homeowners’ associations. Read the summary of the bill………………. Read a PDF copy of the bill……………….
A single bullet: Palm Beach condo manager coping with life after 2014 shooting
He lives deep in the Virginia woods. He came here to escape the life he once lived. The friends he once had. The memories of a time before everything changed — the day he sat inside The President of Palm Beach Condominium office and a man with a pistol shot him in the head.
Is Time Running Out on Your Association’s Covenants and Restrictions? How to Preserve your Covenants and Restrictions under Florida Law
The Florida Marketable Record Title to Property Act (“MRTA”) can operate to extinguish interests in real property that were recorded prior to the “root of title” to a property. In Florida, the root of title must be established by a “title transaction” recorded at least 30 years prior to the time that marketability of title […]
Preventing Community Association Fraud
Fraud can strike just about any community association – even one that is professionally managed – regardless of how small or large the community may be. A good property management company will have the proper checks and balances and other security measures in place to help reduce the risk of fraudulent activity. Read the […]
The Distressed Condominium Relief Act, As The Legislative Dust Settles (FL)
The legislative session ended with a photo-finish, last-hours-of-the-session maneuvering, resulting in the passage of HB 841, which among (many) other unrelated matters also removes the “sunset” provision of the Distressed Condominium Relief Act (“DCRA”). The DCRA was set to expire on July 1, 2018. More specifically, effective July 1, 2018, acquirers of distressed condominium units […]
Are You Crazy If You DON’T Special Assess For Hurricane Damage? (FL)
Did your association pay for damage from Hurricane Irma with operating funds? Did you consider a special assessment? What if I told you that half of your owners would be reimbursed up to $2,000 by their insurance company for the amount of the special assessment attributable to hurricane damage. Would that change your mind? Many […]
Has Time Already Run Out on Your Association’s Covenants and Restrictions? How to revive your HOA Covenants under Florida Law
If the Covenants and Restrictions for your Homeowners’ Association were recorded in the public records more than 30 years ago, they may no longer be enforceable against some or all of the properties within your community. Unenforceable covenants create a myriad of problems, including an inability to collect association assessments and an inability to enforce […]
New Statutory Requirements for Condominium Websites (FL)
Action alert! By legislative enact last year, all non-timeshare condominium association with 150 or more units must have an independent, password-protected website or web portal accessible to association members by July 1, 2018. The website must be wholly owned and operated by the association, or a website or web portal operated by a third-party provided […]
Material Supplier Construction Lien Rights: Lien Releases (FL)
One of a construction material supplier’s biggest concerns is making sure they will get paid. There are a few things a supplier can do to ensure they get paid on a construction project. One of the most important steps a supplier should take is preserve its lien rights under Florida’s Construction Lien Law, Section 713.001-.37, […]
Get in Line: Association Assessment Lien Priority (FL)
At issue in today’s column is a subject we recently addressed regarding whether an association must record its assessment lien in the public records of the County in which the community is located in order for it to be effective and whether such lien relates back to the initial date of recording of the declaration. […]
Associations Must Strictly Comply With Notice Requirements to Impose Fines, Liens (FL)
For homeowners and condominium associations, enforcing their rules can be extremely challenging. Many communities are forced to contend with unit owners who are unruly and disruptive, and associations must be able to effectively bring their rights to bear in order to maintain uniform compliance. However, Florida’s laws governing the administration of community associations are very […]
How to protect the look of your neighborhood (FL)
So one of your neighbors from Indiana likes John Cougar Mellencamp’s song “little pink houses” and the next thing you know they painted their house pink. Another neighbor puts on a new asphalt roof after the hurricane when all the other roofs in the neighborhood are barrel tile to save a few thousand dollars. Can […]
FHA Clarifies Position on Lending Guidelines and Leasing Restrictions
Many condominium associations have restrictions limiting an owner’s ability to lease their property. These provisions are intended to preserve property values and protect unit owner quality of life. However, such restrictions may limit financing options for prospective purchasers. Recently the U.S. Department of Housing and Urban Development (“HUD”) clarified whether certain leasing restrictions within a […]
Discharge of Condominium and Homeowners’ Assessments in Bankruptcy (FL)
Since the early 1990s, the federal courts have struggled with whether, and to what degree, a debtor in bankruptcy who receives a discharge is free from liability for post-petition condominium and homeowners’ association assessments. The issue is important to condominium associations and homeowner’s associations, as well as debtors in bankruptcy. Because the association’s assessment lien […]
Emotional Support Animals Leave Many Condo Associations Howling
Over the last five years, one of the most significant areas of concern for Florida condominium associations, especially those with no-pet policies, has been the rise in requests by occupants for associations to provide “reasonable accommodations” in their rules and regulations by permitting an emotional support animal (ESA). Read the article…………..
Must the Association’s Law Firm’s Invoices Be Made Available to its Members Upon Written Request? (FL)
An association member wants to review the association’s lawyer’s bills sent to the association over the past year. As a result, the member submits a written request to access those records. But, is the member actually entitled to see them? Pursuant to the relevant sections of Chapter 718, Chapter 719, and Chapter 720 of the […]
Distressed Condominium Act: Mitigating the Legislative Risks (FL)
The Distressed Condominium Relief Act (“DCRA”) is currently set to expire on July 1, 2018. More specifically, effective July 1, 2018, acquirers of distressed condominium units will no longer be eligible for the “bulk buyer” or “bulk assignee” classifications. Here’s a quick refresher on why this is significant. The DCRA was introduced in 2010 in […]
Delay Causes Loss for HOA in Lawsuit Over House Color (FL)
The approval of the colors which homeowners may use to paint the exterior of their homes is one of the most common architectural review stipulations that homeowners’ associations use to maintain aesthetic standards for their communities. Many HOAs require the prior review and approval of proposed house colors by architectural review committees, which are typically […]
Condominium Development: Condominium Prospectus Requirements in Florida
Florida’s condominium market has gained strength in the past five years; traditional sales are up, and prices are rising. In Northeast Florida, Condominiums and Townhomes spent an average of 11 fewer days on the market than single-family detached homes. As the condo market heats up and real estate developers consider the feasibility of development projects, […]
What Are KPIs? Should Your Association Use Them?
There’s a lot to be said for taking measurements – without them, the world exists in a fuzzy haze of probabilities. While KPIs, or “key performance indicators” aren’t crystal balls, when properly implemented, they help companies and community associations bring a little clarity to their future. Read the article…………………..
Fiduciary Duties: Directors & Officers Owe Them, But Does the Association Owe Them Too?
It is the time of year when community associations across the state are electing members to serve on their board of directors. When considering whether or not you would like to put your name in the hat as a candidate for a director seat, you should consider the responsibilities you will have to take on […]
What rules can homeowners associations (HOAs) have? (FL)
If you buy a home that comes with an HOA, you have to agree to pay the HOA fees when you buy. You also have to agree to the rules of that association. The upside is that you get community amenities, services and the knowledge that your neighbors will also follow the rules. Read the […]
Mediation may help solve homeowner’s association disputes (FL)
Living in a neighborhood that’s governed by a homeowner’s association is often a positive experience until there’s a dispute. Getting a dispute settled can take some work from both sides, but it’s imperative that you try to do this quickly since the situation dragging on can make things even more complicated. Read the article…………………………….
Resolving a dispute with your condominium association (FL)
If you live in a housing community, you know that sometimes residents and the condominium board don’t see eye to eye. Whatever the dispute, when dealing with any homeowners’ association it’s important to keep these tips in mind: Read the article…………………………………….
Many condos want to install more storm protection after Irma. What are the options? (FL)
Now that Irma has come and gone and most of the dry out and cleanup has occurred, we are getting many questions from condominium association directors and officers asking how can they button up their windows, doors and sliders in the future to better avoid damage next time a hurricane may come our way. Under […]
The Statute of Limitations in Collecting a Debt (FL)
All states have a limitations period which restricts the time period that you can file suit to collect a debt. Some statute of limitations periods are as short as one year and some up to 20 years. In Florida, generally, the limitations period to sue to collect an unpaid obligation is five years for a […]
Eleventh Circuit Enforces “Eight Corners” Rule And Affirms Denial Of Insurer’s Request For Trial On Veracity Of Factual Allegations In Underlying Complaint
The U.S. Eleventh Circuit Court of Appeals, applying Florida law, recently affirmed that an insurer was obligated to defend its insured and not entitled to a jury trial on the veracity of certain factual allegations in the underlying complaint which gave rise to the insurer’s duty to defend. Addison Ins. Co. v. 4000 Island Blvd. […]
When your HOA forces you to leave you garage door open all day: Lessons for smart association governance
A seemingly whimsical story out of California offers Florida community association boards a valuable lesson in being vigilant in enforcing the covenants of the association’s declaration and making thoughtful, considered decisions. According to the headlines, which play up the absurd angle of the story, an association in Auburn California passed a rule requiring its residents […]
Tis the Season – for Elections! Do you remember what to do? (FL)
The majority of Condo and HOA elections occur between December and March every year. Experienced Boards and Managers consider the condo process “straightforward and simple,” because it is very well defined in the statutes and not typically impacted by the Condominiums Governing Documents. However, if you are a new Board Member or Manager (or an […]
Florida Appeals Decision Clarifies Property Tax Liability on Condos With Land Leases
In a recent Florida appellate decision, titled Beach Club Towers Homeowners Association v. Chris Jones, Property Appraiser for Escambia County, Florida, 2017 WL 4526773, (Fla. 1st DCA 2017), the First District Court of Appeals reviewed an ad valorum property tax dispute between a condominium association and the property appraiser of Escambia County. Read the article……………….
Navigating Safe Harbors and HOAs in Florida
The Florida Fourth District Court of Appeals (Fourth DCA) recently affirmed the extension of safe harbor protection provided to homeowner’s associations under §720.3085(2)(c), Florida Statute, to a nonmortgagee/non-mortgage holder. The statute addresses property assessments imposed by Florida homeowners’ associations. Under the pertinent provisions of this statute, if the associations’ governing documents allow for assessments, a […]
Appeals Court Hands Down a Win for Florida HOA (FL)
Victorville West Limited Partnership (“Victorville”) purchased the Inverrary Golf Course and Clubhouse within the Inverrary community in Lauderhill, Florida, in 2006. Victorville acquired the property subject to a restrictive covenant that became the subject of a lawsuit that the Fourth DCA recently ruled could not be canceled because it remained a substantial benefit to the […]
No Lien Required for Condominium Association to Collect Surplus Tax Deed Sale Proceeds (FL)
Condominium associations’ rights to collection unpaid assessments received a boost from the Fourth District Court of Appeals. In Calendar v. Stonebridge Gardens Section III Cd’m Ass’n, Inc., Case No. 4d 16-3393 (Fla. 4th DCA, December 13, 2017), the Applet Court tackled the issue of whether a claim of lien or judgment needs to first be […]
Chapter 558 Ruled a ‘Suit’ Under Standard Commercial General Liability Insurance Policies (FL)
On Dec. 14, 2017, in Altman Contractors v. Crum & Forster Specialty Insurance, No. SC15-1420 (Dec. 14, 2017), the Florida Supreme Court held that the pre-suit notice of claim process under Chapter 558 of the Florida Statutes is a “suit” as defined by standard Commercial General Liability Insurance Policies, and thus, could require insurance companies […]
The Assessment Liability Of A Subsequent Owner After A Lender Foreclosure – It May Not Be What You Think! (FL)
For those not yet introduced to the phrase “statutory safe harbor,” in the context of community associations, it limits the past due assessment liability of a first mortgagee, along with its successor or assignee of the mortgage to who acquires a condominium unit or a HOA parcel as a result of foreclosure of its first […]
Fourth DCA Invalidates HOA’s Fine for Failing to Provide Proper Notice (FL)
The authority to levy fines is a widely used tool by community associations for rules enforcement. However, if the process is not strictly followed, it can result invalidation of the fine and potential exposure to liability for expensive legal fees. The procedure for fining a homeowner is mandated by Florida statutes (Fl. Stat. 718.303(3) for […]
Can Community Associations Ban Smoking in Common Elements, Limited Common Elements and Units? (FL)
Smoking is not as popular as it used to be. It’s now perceived as more of a nuisance than it is hip. Due to health issues and medical concerns, many private establishments enforce rules against smoking. In fact, state law prohibits smoking in many public places. This has led board members and managers to wonder […]
When A Declared Condominium Appurtenance To Unit Ownership Is Not So Connected After All – A Study In The Misapplication Of Section 718.110(4), Florida Statutes
Ownership of a condominium unit, includes “appurtenances”, meaning rights which are attached to the unit and pass with the unit upon its sale. A plain English definition of the term means “connected to”. Typical examples of an appurtenance include common elements to which one or more unit owners have an exclusive use right such as […]
New Condominium Director and Officer Conflict Of Interest Laws Create Quite A Conflict Themselves (FL)
During this past session of the Florida legislature, new laws in regard to condominium association director and officer conflict of interest became effective July 1, 2017. These new laws are set out sections 718.302 and 718.112(2)(p), Florida Statutes, and when read together create quite a conflict themselves. As you soon discover there is a significant […]