If your homeowners’ association has not updated its declaration’s assessment collection provisions, then your association might be giving away its otherwise collectable assessment revenue! The problematic declaration provisions are similar to the following: “The sale or transfer of any Lot pursuant to the foreclosure or deed in lieu of foreclosure shall extinguish the lien of […]
Court Can’t Ban Resident From Discussing HOA Online–Fox v. Hamptons at MetroWest Condos
This is the third time this year I’m blogging about homeowners’ associations suppressing online speech (see my posts on the Revock and Milazzo cases). I’m pretty sure HOA online censorship is a growth industry (indeed, my CRFA primer calls out the housing/lodging industry as one of the places where anti-review clauses were deployed). If you’re […]
Court reverses restriction on man’s blogging about his condo association, management company and neighbors
From today’s opinion of the Florida Court of Appeal in Fox v. Hamptons at Metrowest Condominium Association Inc., which strikes me as generally quite right: Read the article……………
The Resurrection of Civility – Take Back Your Community Association Board
In June, I addressed the Death of Civility – Why Community Association Board Members Serve – in part one of this series. I left you with a dysfunctional collection of community association board members, and the promise of a next installment. Well, here you are – specific, time-tested suggestions for bringing all the directors back […]
Is Your Master Community Association Actually a Condominium Association Under Florida Law?
The evolution of planned development communities within the State of Florida has been quite fascinating. Nowadays, the development of massive communities with abundant and extravagant amenities, numerous planned phases and multiple overlapping associations is common. Some communities have multi-condominium associations; some have a combination of townhomes, single family HOAs and condominiums; some include mixed use […]
Review of New Legislation Continues – Part 3 (FL)
Today’s column is the third installment of our annual review of community association legislation. In the first two installments, we covered the requirements for “estoppel certificates.” Today, we will look at House Bill 1237, which contains some significant changes. HB 1237 only applies to condominium associations. Read the article……………..
Review of new legislation continues(FL)
Last week, we began our annual review of legislation affecting Florida’s community associations. This week we continue our review of SB 398, the new law regarding “estoppel certificates,” the form associations have to complete for unit or parcel closings. An estoppel certificate that is hand-delivered or sent by electronic means has a 30-day effective period. […]
Estoppel Bill Approved by Governor and Remaining Community Association Bills Presented to the Governor (FL)
Yesterday, the Governor approved SB 398, Relating to Estoppel Certificates. The effective date of the new law is July 1, 2017. If you would like to hear more about the estoppel bill, please watch the video or read the summary below. Also yesterday, HB 653, Relating to Community Associations, by Rep. Moraitis, and HB 1237, […]
When Express Maintenance Obligations In A Declaration Of Condominium Are Not So Clear (FL)
For example, let’s examine the replacement of the unit’s windows. Pursuant to the maintenance obligations in the declaration of condominium, the unit owner is responsible to maintain, repair, and replace all parts of the unit and the fixtures and equipment of the unit, including windows. However, the declaration of condominium also prohibits the unit owner […]
Review of New Legislature Continues (FL)
Last week, we began our annual review of legislation affecting Florida’s community associations. This week we continue our review of SB 398, the new law regarding “estoppel certificates,” the form associations have to complete for unit or parcel closings. An estoppel certificate that is hand delivered or sent by electronic means has a 30-day effective […]
Negligent Security Claims: Reducing Liability for Associations (FL)
In recent years, Condominium and Homeowner’s Associations have become a target for negligent security lawsuits and claims. Typically, a resident or guest of an Association is a victim of a violent crime and the crime victim later sues the Association. While we discussed this previously, we wanted to provide an update after speaking with Henderson […]
Appeals court rules construction defendants not liable in Miami injury case (FL)
The 3rd District Court of Appeal has affirmed lower court rulings of five summary judgments in cases in which a woman alleges she was injured at a condo community due to negligence in repairing the sidewalk. The case centers on Rachel Vancelette’s claims that in December 2011 she tripped on an unmarked ramp and curb […]
Community Association 2017 Legislative Guide: Part II (FL)
Since we published Community Association 2017 Legislative Guide: Part I, several bills affecting community associations were signed into law, including Senate Bill 398 (estoppel bill) and House Bill 1237 (condominium crime bill). Citing London’s Grenfell Tower fire, Governor Scott vetoed House Bill 653, which among other things, made it easier for high rise condominiums to […]
ELSS Bill Vetoed, Condominium Bill Approved, & Final Report on Community Association Bills for 2017 Session (FL)
Governor Rick Scott has now taken action on all of the community association bills that passed during the 2017 legislative session. Read the article……………
HOA’s: Your Restrictions Have an Expiration Date (FL)
With the turnover of volunteer homeowner’s association (“HOA”) board members over time, it is not surprising that certain important long-term issues may be overlooked. There is one very important law, however, which board members may not be aware of that can eliminate an HOA’s ability to enforce its restrictions. I am often contacted by an […]
Changes to Financial Reporting Requirements for Associations (FL)
On June 23, 2017, Governor Scott approved House Bill 6027, which provides substantively identical changes to the annual financial reporting requirements for condominium, cooperative, and homeowners’ associations. Read the article………….
Florida’s Seldom Used 3-Day Right of Recission
If you are a roofer, you are likely no stranger to the concept of providing materials and services over the course of several days; however, you are much less likely familiar with the custom of providing clients notice of a 3-day right of rescission. Chances are that you have never heard of it before… but […]
Community Associations: New Estoppel Rules (FL)
Beginning July 1, 2017, Florida community associations will have to comply with more burdensome estoppel requirements. The 2017 Florida legislature just recently passed a new law that will require associations to comply with a request for an estoppel certificate within 10 business days. If they fail to do so, they will forfeit their right to […]
Water Shortage Restrictions Override Deed Restrictions (FL)
Homeowners associations may not require lot owners to pressure wash their homes, or to water or replace their lawns while there are water shortage restrictions in effect. Read the article…………..
Maintenance, Repair and Replacement Responsibility Within Your Condominium Association
Damage to condominium property and the inevitable ensuing argument over the party responsible for the cost of repair is a familiar scenario for many association members. Unit owners, board members and association managers are often unsure of which entity is responsible for the maintenance, repair and replacement of certain items when damage occurs. Deciphering Florida […]
Cape Coral Condominiums: Old Building Permit Requirement with a New Twist (FL)
The Cape Coral Building Department has had a rule on the books requiring owners of residential condominiums in Cape Coral to have a letter from their association before pulling a permit to do work in condominium common areas. You might be thinking “I pulled a permit for something like that 3 months ago, and […]
The Death of Civility – Why Do Community Association Board Members Serve?
I have been to a number of community association meetings in the past year, and too many of them were contentious, confrontational, loud, rude and generally ugly. I have written a number of Codes of Conduct for adoption by boards of directors to address behavior ranging from being unprepared for the meeting to falling down […]
Be Prepared for Florida’s 2017 Hurricane Season
Florida hurricane season is underway and residents of the Sunshine State may be in for more storms than usual. State officials are warning Floridians to be prepared, noting that Tropical Storm Arlene’s April appearance may be a harbinger. According to the National Oceanic and Atmospheric Administration (“NOAA”), the Atlantic hurricane season could produce up to […]
Community Association 2017 Legislative Guide: Part I (FL)
The Florida legislature passed several community association related bills this legislative session that are set to become law on July 1, 2017, unless vetoed by Florida’s Governor Scott. This is the first of a three-part series summarizing those bills. Read the article…………….
Injunction Against Condo Owner Illustrates Just How Ugly Things Can Get
The old adage “don’t let one bad apple spoil the bunch” definitely applies in community association living. Unfortunately, conflicts between boards of directors and recalcitrant unit owners are par for the course in associations, so it is incumbent on the boards and their property management and legal counsel to deftly contend with every brouhaha that […]
Summary of HB 653, Impacting Condominiums, Cooperatives, and Homeowners’ Associations (FL)
HB 653 (SB 744), sponsored by Representative Moraitis, passed the Florida Legislature but as of today, it has not yet been sent to the Governor for consideration. When a bill is sent to the Governor, he has fifteen (15) days to act. He can either sign the bill into law, veto it, or allow it […]
Condo board members not personally liable for bad decision
Q: Our condo is having some work done, and the job will cost substantially more than what the board told us. Now it looks like there will be another special assessment to cover the additional costs. I think the board members who chose this contractor should have to pay the difference from their own pockets […]
Community Association Board Members Can be Considered Limited Purpose Public Figures in Defamation Cases
There is a growing body of case law around the country which would make it more difficult for an allegedly defamed community association board member to successfully pursue his or her day in court. Is a community association board member an average, private citizen or is a community association board member really a special category […]
Cable TV, Internet, Phone Services Coax, Fiber Optics and More – There are New Opportunities for Community Associations!
In the past, local telephone companies provided telephone services and local cable companies provided cable television services. That was it. For an association, selecting a service provider was relatively easy since quality choices were few. But in recent years, this scenario has changed dramatically for the benefit of community associations. Regulatory changes, Florida state-wide video […]
Homeowners’ Associations in Florida and the Marketable Record Title Act: Are Your Governing Documents Still Valid?
Florida homeowner and condominium associations’ governing documents (declaration, bylaws and articles of association) are critical for maintaining order and enforcing rules and regulations. These governing documents are recorded in the public records of the county where the association community resides. The purpose of recording these documents is to provide notice to all interested parties. If […]
The Fall Of The Economic Loss Rule And Rise Of The Independent Tort Doctrine
In Florida, the economic loss rule previously prevented parties who allocated their risks and remedies in a contract from bringing a tort action. For many years, the economic loss rule only applied in two circumstances: Read the article…………
Florida’s Newest Non-Native Invasion – Overnight Rentals
With little doubt, purchasing a home is one of the most significant investments you can make. In order to help protect that investment, many purchasers choose to buy homes within community associations that include homeowners’, cooperative and condominium associations. Behavior within community associations is governed by a declaration of condominium or declaration of restrictions, along […]
Ruling Illustrates Unpredictability of Fair Housing Litigation for Associations
The appellate panel of the First District Court of Appeal was divided in its recent ruling involving a Fair Housing Act discrimination complaint by a wheelchair-bound unit owner against his condominium association. The majority and dissenting opinions in the case highlight the unpredictable nature of FHA litigation for unwary associations. Read the article………………..
Why Associations and Their Managers Need to Be Wary of Debt Collections Practices and Laws
The fairly recent case of Agrelov v. Affinity Management Services, LLC, Case No. 15-14136, (11th Cir., November 9, 2016), is instructive for associations and their managers with respect to debt collections, and the trouble that associations and managers can get themselves into when trying to collect on outstanding assessments. Read the article………….
Fair Debt Collections Guidance
When the Fair Debt Collection Practice Act (FDCPA), 15 U.S.C 1601, was first enacted, it specifically exempted creditors attempting to collect their own consumer debts. With the enactment of the Consumer Financial Protection Bureau (CFPB), large financial consumer lenders have found that many of the protections afforded consumers by the FDCPA are being applied directly […]
Court Ruling Delivers Setback to Community Associations Restricting Short Term Vacation Rentals (FL)
The regulation of vacation rentals continues to be a hot button issue as companies like Airbnb.com and Vrbo.com are taking their fight to Florida’s legislatures and courts in order to open up Florida markets to their share economy businesses. The vacation rental companies scored a victory in April when the Florida house passed HB 425 […]
Cyber Security for your Community Association
It is always a good idea to maintain security both as individuals and as HOA and condo associations. In this technological age, people are more vulnerable and susceptible to being hacked. Just as you would lock your doors and protect yourself in the real world, it is important to secure your belongings in the cyber […]
2017 Florida Condominium and Homeowners Association Legislation
During the legislative session which ended on May 5, 2017, the Florida legislature passed 5 bills that will become law on July 1, 2017, unless vetoed by Florida’s Governor Scott: Senate Bill 398, House Bill 653, House Bill 1237; Senate Bill 1520, and HB 6027. Below is a summary of the legislation which will be […]
Appeals court reverses summary judgment against homeowner (FL)
Florida’s 2nd District Court of Appeal has reversed a lower court’s decision to grant summary judgment in favor of a homeowners’ association. The appeals court ruling follows a July 2016 decision by the 12th Judicial Circuit Court. The circuit court granted the Southfield Subdivision Maintenance and Property Owners’ Association’s motion for summary judgment against homeowner […]
Florida Supreme Court May Decide Fate of Liens Recorded After Foreclosure Judgments
Real estate investors, municipalities, and community associations may gain some clarity about post-judgment liens if the Florida Supreme Court decides to hear Ober v. Town of Lauderdale By-the-Sea, Case No.: 4D14-4597 (Fla. 4th DCA, January 25, 2017). The case has garnered interest from municipalities, creditors and the real estate sector regarding the enforceability of liens […]
New Laws 2017 (FL)
What a year it has been for condominium legislation! Listed below please find a summary of the condominium laws as now amended: Read the article………………
Construction Defect Statute of Repose: Post-Closing Punch-list Work May Delay Its Start
Florida’s Fifth District Court of Appeals is shaking up the construction defect statute of repose once again.[1] A recent 5th DCA opinion implies that the 10-year construction defect statute of repose does not start to run at the closing of a purchase of a newly-constructed home if there remains punch-list work to complete after closing. […]
Are Smart Homes Becoming A Reality in Florida?
Technology has developed rapidly over the last couple of years. New and improved products with the aim to make daily activities easier for us are constantly hitting the marketplace. New “smart” technology is being incorporated into our everyday lives, so much so that houses are now being made with it. SMART stands for “Self-Monitoring Analysis […]
How a Miami Suit Grew So Contentious, No One Knew Who Won
After years of litigation, there’s finally a winner in a legal fight pitting a Miami condominium association against two unit owners over whether receivers can vote in place of delinquent unit owners. The dispute grew so contentious it cycled through three judges, attorney substitutions and multiple receivers before landing as a consolidated appeal before a […]
One Toke Over the Line – Smoking, Medical Marijuana and Fair Housing Laws
Medical marijuana can now be legally prescribed in Florida, and the legislature continues to struggle with regulation of dispensaries in the State. Meanwhile, prescriptions can be filled in other States, for edible medical marijuana as well as the processed plant materials. At this point, low-THC products (with less of the chemical that causes the “high”) […]
Florida appeals court reverses decision in condominium lien case
A Florida appeals court recently reversed a lower court’s decision in a case involving liens on condominium units. The Florida 2nd District Court of Appeals ruled in favor of Business Law Group, et al, reversing the Circuit Court for Pasco County’s decision on AGM Investors LLC’s third-party claims of abuse of process and related torts. […]
Turnover Troubles: Homeowners Can Take Down Goliath
One of the most recognizable narratives in human history is the famed story of David and Goliath. Often, we find that homeowners are David in the seemingly impossible fight against Goliath, the community developer. This analogy is never more apparent than in the case of association turnovers. “Turnover” is perhaps the most important stage of […]
Why Homeowner Associations Need to Know About MRTA (FL)
Florida Statute, Section 712.01, et. seq., more commonly known by the acronym MRTA (Marketable Record Title Act), is an important act for homeowner associations. All board members of a homeowners association should be aware of MRTA and how it may affect their association. Read the article…………..
The Legality of Post-Bankruptcy Condo or Homeowner Association Assessments
A recent bankruptcy case illustrates how bankruptcy affects condominium or homeowner’s association assessments. The Bankruptcy Court for the Southern District of Florida ruled that a condominium association was not in contempt when it attempted to collect post-bankruptcy assessments from debtors who had been discharged in bankruptcy. See, In re Ramirez, 547 B.R. 449 (Bankr. S.D. […]
Does your Community Association have sufficient protections in place for Short-Term Vacation Rentals?
With the rise in short-term rentals through popular sites like Airbnb, Inc. and Vacation Rentals by Owner (VRBO), homeowners and condominium associations face new challenges in policing owners who violate restrictions against short-term leasing. This is especially true in Florida where many people seek out vacation rentals every year. Not only does this type of […]