Two New District Court Of Appeal Cases – Third Party Purchaser Assessment Liability And Fining Notice Requirement (FL)

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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………………..

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 […]

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………………

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 […]