The importance of the economic loss rule in construction law cannot be understated. If a construction project goes south, the economic loss rule allows construction law attorneys to identify which parties to the project can bring what types claims against which other parties. This blog post discusses Florida’s economic loss rule in the construction litigation […]
Court Rules No Mulligans for Golf Course Investors (FL)
The struggles of the golf industry in the past decade are well chronicled, particularly in Florida where a large number of courses, built as amenities for or in conjunction with surrounding residential communities, has been negatively impacted by the economic downturn, playing habits, and perhaps an over saturation of the market. Couple those external factors […]
FEMA Hold On, They Aren’t Going for the Home
For community associations, when an owner goes into foreclosure, the best-case scenario is that the bank or mortgagee moves the property swiftly through the foreclosure process, and a new owner then takes possession and begins paying the assessments as they come due. In the absolute best cases, the foreclosure process will take around a year; […]
Are E-Mails Considered Official Records for Florida’s Community Associations?
Florida’s community associations, including condominiums and homeowners associations, are required to keep and maintain its official records. See Fla. Stat. § 718.111(12); Fla. Stat. § 720.303(4). Upon request, those official records are to be made available to all members at reasonable times. Id. The Florida Condominium Act and HOA Act contain a long list of […]
Enforceability of Board Adopted Rules Regulating Leases in Condominiums (FL)
Many community associations in the State of Florida are looking for ways to combat the growing number of rentals in their communities. About a year ago, the Second District Court of Appeals issued an opinion in Le Scampi Condominium Association, Inc. v. Hall, Case No. 2D15-3208 (Fla. 2d DCA 2016), which could help community associations […]
Quick Tips for Association Board Members: The Four B’s of Writing Minutes for Board Meetings
The minutes of any meeting of the Board of Directors for a Condominium Association or a Homeowners’ Association are public records per Florida law. The minutes are required to be kept for 7 years. Fla. Stat. 718.111(12); Fla. Stat. 720.303(4). The minutes are the most requested and most useful of all of an Association’s records. […]
Paying for Emergency Repairs to Florida Condominiums
Florida is synonymous with condominium living as a way of life. It’s also synonymous with hurricanes. Hurricanes have largely shaped Florida’s construction industry in that the building code is shaped and modeled after the construction of structure that can withstand the storms. The building code creates certain high wind zones near the coastline that carry […]
Community Associations Fighting Back Against ‘Zombie’ Homes (FL)
Zombies are fictional undead beings created from the reanimation of a human corpse popular in movies and on television. Unfortunately, many community associations are now finding themselves dealing with “zombie” homes. A zombie home is created by a lender which begins but does not complete a foreclosure combined with an owner walking away from the […]
And Your Association Thought Foreclosure Was Bad? The Consequences of Tax Sales & Tax Deeds For Community Associations (FL)
It is a scenario familiar to every association: an owner falls behind on his or her assessments and doesn’t get current, and the association initiates the lien recordation and foreclosure process. However, before the association can foreclose its lien and move the property to foreclosure sale, the mortgagee of the property files suit to foreclose […]
FEMA Publishes Guidance for Handling Flood Losses
In September, the Federal Emergency Management Agency (FEMA) announced Hurricane Harvey and Irma claim handling process for buildings insured under the Standard Flood Insurance Policy (SFIP), specifically recognizing that catastrophic flooding from those storms demands “fast and accurate payments to all National Flood Insurance Program (NFIP) policyholders. Read the article……………….
Florida Takes First Step in Curbing Frivolous ADA Lawsuits by Allowing ADA Qualified Expert Reporting
The Americans with Disabilities Act (“ADA”) was enacted by Congress in 1990 to protect individuals with disabilities from discrimination in access to employment, governmental services and programs, public accommodations, transportation, and telecommunications. As stated in the law, the ADA is “an Act to establish a clear and comprehensive prohibition of discrimination on the basis of […]
Project Management: What Every Board Member And Manager Needs To Know
Your association is gearing up for a large project. Maybe it’s time to re-do the clubhouse or plan for that $2M dollar concrete restoration project that was put off for far too long. Other large scale projects can include painting, concrete restoration, interior restoration, deck/paver repair or replacement, and foundation repairs, and so much more. […]
Should HOA’s Receive FEMA Funds?
With recent storms ravaging homes across the nation, many homeowners are taking a closer look at the laws and regulations put in place to help rebuild after a natural disaster. For most concerned homeowners, one of the main questions is whether or not the Federal Emergency Management Agency (“FEMA”) will offer assistance to community association […]
We’ve Got a Problem: Statute of Limitations on Long-Term Notes (FL)
A Florida Supreme Court justice Thursday issued a nearly five-page opinion to point out “the latest symptom of a more serious problem”—a misunderstanding over when the clock starts in foreclosure litigation with multiple defaults and suits. The confusion centers on whether the date of each missed payment carries any legal significance when calculating lenders’ deadline […]
Hurricane Shutters and Hurricane Protection Policies: Does your Condominium have what it needs? (FL)
With the recent threat from Hurricane Irma, many condominium associations were faced with emergency requests from unit owners for the association to install or for the association to allow owners to install hurricane shutters or other forms of hurricane protection. Read the article………………
Aggressive Collection Strategies: Using Proceedings Supplementary to Get Paid (FL)
In Florida, Proceedings Supplementary are begun utilizing the procedure found in Fla. Stat. 56.29. The Proceedings Supplementary statute was enacted prior the adoption of the Florida Rules of Civil Procedure. In the recent past this created a lot of confusion with lawyers and the Judiciary as the procedure set forth in the initial Proceedings Supplementary […]
After the Hurricane, Associations Should Approach the Rebuilding Process with Care
Four weeks after Hurricane Irma, most associations have likely made progress in making temporary repairs to damaged communities. This week’s column will focus on the various issues that arise during the rebuilding process that occur after the storm. Part of such process includes selecting the appropriate contractor to perform the work and ensuring that the […]
Florida Condominium Association Emergency Powers
In Florida, condominium living is a way of life. Many of the state’s condominiums are located in places where they can capture a view and typically that means they are close to the water. In Florida, we also have hurricanes. Hurricanes have largely shaped Florida’s construction industry in that the building code is shaped and […]
Condominiums and Conflicts of Interest: How to interpret the rebuttable presumption (FL)
The legislature recently amended Chapter 718 of the Florida Statues, relating to condominiums, to create a rebuttable presumption that a conflict of interest exist in certain situations.[1] A conflict of interest is a real or seeming incompatibility between one’s private interests and one’s public or fiduciary duties. Black’s Law Dictionary (10th ed. 2014). For example, […]
Floods And Flood Insurance: Don’t Be Up The Creek Without A Paddle
As we, our neighbors, families, and friends, here and in Puerto Rico, are picking up the pieces in the aftermath of Hurricane Irma and Hurricane Maria, the prospect of making claims on our homeowner’s insurance policies can seem overwhelming in the face of the destruction caused by these storms. Much of the damage in our […]
Who Is Responsible for Damage and Removal of Downed Trees? (FL)
Hurricane Irma caused a lot of damage in Central Florida and we are still dealing with downed trees and limbs littering neighborhoods. Since the storm, we have received countless phone calls from clients asking who is responsible for damage caused by a neighboring property owner’s tree falling on their property, or who is responsible for […]
Be Prepared! (FL)
Hurricanes can be a stressful time for everyone. In order to ease your stress somewhat, please try to follow these tips in order to be prepared for whatever may come. Read the article……………….
Hurricane Irma Take-Aways for Condo & Community Associations
Hurricane Irma Take-Aways for Community Associations 1 – Review and Update Insurance Policies. All insurance policies should be reviewed and updated as necessary, at least annually. Review dates should be calendared well in advance and incorporated into other annual must-do tasks. 2 – Maintain Landscaping and Ensure Potential Projectiles are Secured. Trees and shrubbery grow […]
Hurricane Irma Hit – Now What? (FL)
We were just hit by the biggest storm in Florida’s history. Although there is damage, you are grateful everyone is safe and comforted by knowing that you have insurance. But, did you know that you are responsible to prevent additional damage and if you don’t mitigate then it could get very expensive? Failure to mitigate […]
Owner Participation at an Association Board Meeting – The Fine Art of Herding Cats
Here is part three of the on-going conversation about keeping order and control in association board meetings, and getting the business done. This time, the focus is on participation of members in an association board meeting. In recent years, I am sorry to say I have attended too many association board meetings where an off […]
Guidance for Working With FEMA for Debris Removal Following Hurricanes Harvey & Irma
As storm victims struggle to survive after the devastation and loss caused by Hurricane Harvey, the first thing individuals and community associations should do is register for assistance from the Federal Emergency Management Agency (FEMA). Community association residents are most likely concerned with debris removal. Here are steps a community association manager/board should take to […]
How a New Law Affecting Condo Associations Could Mean Brisk Business for Web Designers (FL)
Website developer Todd Paton knows it will likely be months before his new target market seeks him out, or even begins to pay attention to his pitches. Yet, Paton and his colleague Dhiren Chauhan are busy building a platform to service Florida condominium associations. Their target demographic has so far shown little interest in anything […]
Must communities retrofit for handicap accommodation (FL)
The question often arises as to whether condominium, cooperative and homeowners’ associations need to install wheelchair ramps, elevator or swimming pool lifts or redo common area bathrooms to accommodate handicap persons. The general answer is that associations may have to waive certain rules to reasonably accommodate the handicap, such as allowing emotional support or […]
Assignment of Condominium Limited Common Element Use Rights (FL)
Condominiums are comprised of “units” owned by individual owners and “common elements” owned collectively by all owners. Pursuant to Chapter 718, Florida Statutes, “units” include all areas designated as such in the particular condominium’s governing documents, while “common elements” includes all other real property of the condominium which is not included within the units. […]
Must communities retrofit for handicap accommodation
The question often arises as to whether condominium, cooperative and homeowners’ associations need to install wheelchair ramps, elevator or swimming pool lifts or redo common area bathrooms to accommodate handicap persons. The general answer is that associations may have to waive certain rules to reasonably accommodate the handicap, such as allowing emotional support or service […]
7 Keys to Success for Social Events in your Community
Communities often have difficulty attracting residents to their social events, which can make it difficult to justify the effort and cost. Imagine a family-oriented HOA with 500 homes – with a healthy social budget of $50,000 per year. A community can do a LOT with this amount of money, but it is still only $100 […]
Everything is “Fine,” So Long as You Strictly Follow Your Documents (FL)
It has long been recognized that liens are statutorily created rights and consequently are strictly construed. What this means in English is that you can’t simply substantially comply with the lien filing laws. If you want your lien to be valid it must meet all of the statutory requirements and be filed timely. The Florida […]
Kickbacks: Don’t get accused of taking them (FL)
Despite all the great work done by volunteer condo and HOA board members, the actions of a few bad apples have resulted in law changes that could label a casual lunch meeting an illegal kickback! Board Members (and Managers) cannot accept anything of value from someone providing or proposing to provide services to their association […]
Community Association Liability For Dog Bites – Woof, Woof, Woof
Can a Florida condominium, homeowners’, and cooperative association have liability for its members’ dog bites? Apparently, the answer is yes, it surely can. In 1996, the Fourth District Court of Appeal of Florida in Barrwood Homeowners Association, Inc. v. Maser, held that an association could be found liable where there was sufficient evidence from which […]
Fla. App. Court (5th DCA) Reverses Foreclosure Judgment That Excluded Interest, Escrow
The District Court of Appeal of the State of Florida, Fifth District, recently reversed final judgment of foreclosure entered in favor of a mortgagee that omitted interest and escrow amounts due, and remanded to the trial court to modify judgment to include these amounts. In so ruling, the 5th DCA determined that the mortgagee met […]
Pool Contractor’s Ability to Work on Pool Electrical Wiring in FL
On March 29, 2017, the Florida Construction Industry Licensing Board (“CILB”), issued a Final Order, Department of Business and Professional Regulation, Construction Industry Licensing Board v. Michael E. Seamon, disciplining a Certified Pool/Spa Contractor (“CPC”) for replacing existing pool light fixtures. The Final Order adopted and was based upon an Order of the Division of […]
Vbro & Airbnb: What You Need To Know – The Business Of Short-Term Rentals Is No Business At All
In a recent Rembaum’s Association Roundup article regarding Florida’s newest non-native invasion of overnight rentals through Vacation Rentals by Owner (VRBO) and AirBnB, we discussed what an association can do in order to protect its community from becoming the newest unnamed hotel/motel through the adoption of lease restrictions and lease approval requirements. Although these methods […]
2017 Legislative Update for Florida’s Community Association Laws: Part III
On July 1st, the 2017 amendments to the Florida Statutes affecting community associations became effective. The 2017 legislative amendments to the Condominium Act and Homeowners Association Act are substantial. This post is Part III in a blog series detailing these legislative amendments, and focuses on changes to the law concerning conflicts of interest, member voting […]
Fourth DCA Confirms Association Lien Foreclosure Valid Despite Pending Mortgage Foreclosure (FL)
Despite a slowing in the number of Florida mortgage foreclosure cases, many community associations still face situations where a foreclosing lender fails to timely complete its foreclosure resulting in the property sitting abandoned and not contributing financially to the community. As a result, many community associations are faced with a decision of whether to proceed […]
2017 Legislative Update for Florida’s Community Association Laws: Part II
On July 1st, the 2017 amendments to the Florida Statutes affecting community associations became effective. The 2017 legislative amendments to the Condominium Act and Homeowners Association Act are substantial. This post is Part II (click here for part I) in a three-part blog series detailing these legislative amendments and focuses on changes to the law […]
New legislation affecting condos, co-ops and HOAs (FL)
Last year the Florida Legislature was silent when it came to passing any laws affecting community associations. Not this year. This year four bills were approved and signed by the governor and one was vetoed. SB 398 applies to condos, cooperatives and HOAs and prescribes a “form” for estoppels certificates. We discussed that bill last […]
Prohibitions Against “SLAPP” Suits: What Associations and Their Managers Need to Know
Both the Florida Homeowners’ Association Act and the Condo Act contain prohibitions against so-called “SLAPP” suits; SLAPP stands for “Strategic Lawsuits Against Public Participation”. The condominium anti-SLAPP suit statute is found at §718.1224 and the homeowners’ anti-SLAPP suit statute is codified at §720.304(4). While these statutes are important for associations and their management to understand, […]
Does the First Amendment Apply to Condominiums? (FL)
A common question asked by our clients is what can be done to stop unit owners from publishing false, negative, or harassing posts about the condominium association, its directors, members, or agents on internet mediums like Facebook or Nextdoor. The reality is that unless such posts constitute threats, defamation, or are criminal in nature, a […]
Review of Legislation continues – Part 5 (FL)
Today’s column is the final installment of our annual review of legislation affecting Florida community associations. In prior columns, we reviewed Senate Bill 398 dealing with “estoppel certificates,” and House Bill 1237 which only applies to condominiums and contains changes to the statute including board member term limits, the use of debit cards, recalls, mandatory […]
2017 Florida Legislative Guide
From the Community Association Leadership Lobby Read the book…………..
Review of Legislation continues – Part 4 (FL)
Today’s column is the fourth installment of our annual review of legislation affecting community associations. So far, we have reviewed Senate Bill 398, dealing with “estoppel certificates,” and parts of House Bill 1237, pertaining to board member term limits, the use of debit cards, recalls, mandatory websites for certain associations, suspension of voting rights, year-end […]
Statute changes impose new conflict of interest rules (FL)
So far, we have reviewed Senate Bill 398, dealing with “estoppel certificates,” and parts of House Bill 1237, pertaining to board member term limits, the use of debit cards, recalls, mandatory websites for certain associations, suspension of voting rights, year-end financial reporting, and the imposition of criminal penalties pertaining to certain conduct involving condominium elections […]
Case Law Update: What a Recent Appellate Decision Can Tell Associations Seeking Their Attorney’s Fees for Litigation
Florida’s Third District Court of Appeals recently handed down a decision in the matter of Gonzalez v. Int’l Park Condominium I Association, Inc. that is instructive for associations and their attorneys when associations become involved in litigation and seek payment of their fees from the home or unit owner. The facts of the case were […]
Rental Applications: Can rejecting a tenant based criminal background lead to a HUD complaint?
If an association has the right to deny rental applications and it does so based on an applicant’s criminal background, the association should review whether its policies, procedures and practices may lead to claims of discrimination. The Fair Housing Act (“FHA”) prohibits discrimination in the rental of dwellings based on race, color, religion, sex, disability, […]