The Board of a Condominium Association or Homeowners Association has many decisions to make when it discovers telltale signs of construction defects in common property. These latent construction defects can manifest themselves in a number of different ways, including but not limited to, water intrusion, peeling paint, staining, wood rot, cracking of stucco, concrete spalling, […]
Intervention by Individual Homeowners Deemed Timely
The Court of Appeal considered the issue of timeliness of a motion to intervene by individual homeowners in a suit filed by the Homeowners Association (“HOA”) to recover damages for construction defects. The Court of Appeal addressed the issue of timeliness of the motion, and determined that the appropriate standard was when the individual intervenors […]
Florida Playground Safety Act – 2016 Proposed Legislation
Each year, children are injured or killed as a result of playground hazards, such as sharp edges, hot surfaces and surfacing, hard surfacing material, impacts from protrusions, poorly maintained equipment, or from head entrapments and entanglements. The United States Consumer Product Safety Commission estimates that more than 200,000 children each year are injured severely enough […]
Ruling Reminds Associations to Look to Their Governing Documents in Foreclosure Cases
In Florida, not all foreclosure cases are the same for the state’s more than 47,000 community associations, as a recent ruling by the Fourth District Court of Appeal illustrated. The ruling serves as a reminder that community associations must look to their own declaration and governing documents in cases involving the foreclosure of mortgages. Read […]
Attorney-Client Privilege: Are Attorney Communications Received By, or Copied To, An Association’s Manager Privileged?
A recent Florida appellate decision reminded us of the importance of understanding attorney-client privileges when communicating with community association clients through their manager. Under the evidence code, a client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications when such other person learned of […]
Who May Serve on the Board of Directors for Florida Condominium Associations?
Generally, the ability to serve on a condominium association’s board of directors is overlooked and not raised as an issue. While this may seem like good news for the association, it could create issues in the future. This blog will discuss the limitations on who may serve on the board of directors for a condominium […]
How to Effectively Inform HOA Residents on Outdoor and Decorating Regulations
Setting clear boundaries is a very important aspect of the relationship that the HOA Board has with its residents, but it can sometimes be difficult to establish boundaries, effectively while still keeping everything peaceful. Here’s a look at some of the more effective ways to inform HOA residents on outdoor and decorating regulations, ways to […]
When do community associations need to vote to roll over surplus funds to the next fiscal year?
In order to avoid adverse tax consequences, community associations should consider conducting a vote to apply surplus funds in their operating budgets at the end of their fiscal year to the budgets for their next fiscal year. Read the article…………..
Community Associations’ Recovery of Rent from Delinquent Tenants and Owners
In recent years, community associations across Florida have encountered difficulties in collecting assessments and other outstanding amounts from delinquent homeowners. Often, the delinquent units are leased to third-parties as a source of income for their owners despite the owners’ non-payment of amounts owed, which can be especially frustrating for a community association. Read the article………….
Is your association selectively enforcing its deed restrictions?
When a community association takes legal action to force an owner to comply with deed restrictions, the owner’s first defense is almost always “selective enforcement”. This defense essentially alleges that the association is not treating its members fairly and equally. “Why can I have only one dog” the owner may ask “when the president of […]
Appropriate Forum for Condo Association and HOA Disputes in Florida: Arbitration, Mediation or State Court
Determining the correct forum for any given dispute involving a Florida condo association or HOA can be confusing. Often times the board members, licensed managers and unit owners are unsure of where a dispute will be resolved if a party initiates formal legal action. Florida’s Condominium Act and HOA Act govern the procedures for community […]
Mold in Your South Florida Condo
Dr. Cohen is a snowbird, who usually resides in his South Florida condo six months out of the year. Upon returning from his stay up north, he finds that while he was away, his toilet overflowed, causing mold all over his bathroom. Read the article…………
Mold: Is there a fungus among us? Part 1 of Insurance: What you need to know
Welcome 2016! While the expression “out with the old and in with the new” comes to mind, remember, too, that this is a great time for review. Start off the new year by reviewing your association’s insurance policies to better understand the perils that it does, and does not, cover. Of particular concern to Florida’s […]
Community Associations’ Recovery of Rent from Delinquent Tenants and Owners
In recent years, community associations across Florida have encountered difficulties in collecting assessments and other outstanding amounts from delinquent homeowners. Read the article………
Condominium Association Recovery of Attorneys’ Fees in Florida
When deciding whether to pursue legal action, a condominium association board of directors may ask “can we recover the attorneys’ fees?” The good news for associations is that Florida Statutes and the governing documents of the community provide entitlement to the recovery of attorneys’ fees in many legal actions. The bad news is that this […]
Are HOA Members Entitled to Review HOA Documents?
As a member of any Florida HOA—from the smallest complex to grand-scale planned developments—you are guaranteed both legal rights and access to information with regard to your individual property, as well as the expectation of consistency in treatment and enforcement of regulations by the homeowner’s association with regard to your property and its function within […]
Florida Court Rules in Favor of Mortgagee in HOA Lien Priority Dispute
On December 2, a Florida court of appeals issued a decision reinforcing and clarifying the state’s lien priority law. U.S. Bank Nat’l Ass’n v. Grant, No. 4D14-979 (Fla. Dist. Ct. App., Dec. 2). At issue in the case was whether a homeowner’s association (HOA) lien on real property took priority over a mortgagee’s lien on […]
Things to Consider When Hiring a Lawyer for Your Community Association
Hiring the right lawyer to represent your Community Association is an important decision. Does the law firm and lawyer you are interviewing specialize in Community Association Law? How long have they been actively representing community associations? How long have they been in business? Are they intimately familiar with the routine and unique issues facing Community […]
Is Your Condo Going to the Dogs?
If your condominium’s governing documents allow dogs and renters, my bet is there’s a large number of both in your community. We get a lot of questions from condominium boards asking how they can reduce the number of renters and dogs in their buildings because – in the words of one manager: “Our building is […]
Florida court rules in favor of mortgagee in HOA lien priority dispute
On December 2, a Florida court of appeals issued a decision reinforcing and clarifying the state’s lien priority law. U.S. Bank Nat’l Ass’n v. Grant, No. 4D14-979 (Fla. Dist. Ct. App., Dec. 2). At issue in the case was whether a homeowner’s association (HOA) lien on real property took priority over a mortgagee’s lien on […]
Holiday Decorations
The holiday season is upon us and no holiday season is complete without holiday decorations. However, opinions vary as to what is tasteful and appropriate holiday decoration. While many view holiday decorations as an expression of the holiday spirit, over-done displays can be an eye-sore or create traffic problems. Of particular concern in some communities […]
Condo Beef Ends With Attorney Fees for Both Sides
When it comes to awarding attorney fees, can both sides be considered winners in a fight between a condominium association and unit owner? It depends on whom you ask. Environ Towers I Condominium Association Inc. argued only one side could prevail. And because it succeeded in throwing the unit owners out of the Lauderhill property, […]
The Urban Mobile Irrigation Lab: Helping South Florida Residential Associations with Irrigation
The Urban Mobile Irrigation Lab is a resource available to residential associations in Palm Beach County. Sponsored by the Palm Beach Soil and Water Conservation District (PBSWCD), the lab can perform irrigation evaluations within communities to help reduce potable water use and leaching of fertilizers on urban land. In addition, the PBSWCD strives to educate […]
The Independent Tort Doctrine: Post Tiara Condominium
When the Florida Supreme Court wrote the Tiara Condominium opinion the legal community was unsure what the opinion meant. Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc,., 110 So.3d 399 (Fla. 2013). The opinion clearly states that the economic loss doctrine is applicable only in the context of products liability cases. However, did […]
Dept. of Business and Professional Regulation’s Guidelines and Regulations for Electronic Voting
Recent legislation paved the way for Florida community associations to implement electronic voting. In previous posts, we discussed how electronic voting will allow community associations to work within the digital space, how there will be many new rules and regulations affecting how associations hold elections, and what must be done for them to be conducted […]
Is your association selectively enforcing its deed restrictions?
When a community association takes legal action to force an owner to comply with deed restrictions, the owner’s first defense is almost always “selective enforcement”. This defense essentially alleges that the association is not treating its members fairly and equally. Read the article……….
Important Considerations for Community Association Foreclosures (FL)
Foreclosures by community associations against their delinquent unit owners were virtually unheard of 10 years ago, as lenders would almost always move quickly with their own foreclosures against these owners, and their first-mortgage liens are superior to those of associations. Read the article………….
Receivers Appointed Over Condo Associations and HOAs May Levy Special Assessments (FL)
Both the Florida Condominium Act (Chapter 718, Florida Statutes) and the HOA Act (Chapter 720, Florida Statutes) allow for a court-appointed receiver to oversee an association’s affairs in certain situations. When appointed, a receiver will have authority to act as the association’s board pursuant to the court’s order appointing that receiver. A receiver’s authority can […]
Do You Need Expert Testimony Regarding Interpretation of the Florida Building Code?
Is trial looming close and are you thinking to yourself who is going to make the best expert for interpretation of the Florida Building Code on that construction defect case? Guess what? You don’t need an expert. In fact, it would be improper for the court to allow this type of testimony other than in […]
Condominium Association – Requirements to Conduct Electronic Vote
On October 26, 2015, the Division of Florida Condominiums, Timeshares, and Mobile Homes approved a proposed rule to amend and supplement the Florida Administrative Code provisions regarding condominium associations’ voting and elections. The proposed rule provides condominium associations with the option to allow the unit owners to vote using an online system, as an alternative […]
Florida Residential Swimming Pool Safety Act
In Florida, drowning is the leading cause of death of young children and is also a significant cause of death for medically frail elderly persons. Adult supervision is the key to accomplishing the objective of reducing the number of submersion incidents, and when lapses in supervision occur a pool safety feature designed to deny, delay, […]
Community Flood Control Depends on Unencumbered Access
Many residents in central and southeastern Palm Beach County live adjacent to canals. In order to enhance their landscapes or properties, residents often plant vegetation or place other encroachments, such as swing-sets, fences and patio furniture, on the canal rights-of-way. Read the article……….
Florida Court Rejects Claim Replacement Of Undamaged Property Is Necessary For Aesthetic Uniformity
Late last week a federal court in Florida tossed a condominium association’s claims that it was entitled to replace undamaged hallway carpeting, wallpaper, baseboards, and woodwork in order to “achieve aesthetic uniformity” with similar hallway components replaced after water damage. In Great Amer. Ins. Co. v. Towers of Quayside No. 4 Condominium Ass’n., 2015 U.S. […]
Florida Construction Liens and Bonds: Beware of the Notice to Owner/Notice to Contractor Requirement (FL)
Florida construction lien and bond law is filled with many requirements that must be strictly followed and that are strictly construed by Florida courts. Indeed, the Florida Construction Lien Law of Chapter 713 of the Florida Statutes, governing private construction projects, is designed to help ensure payment for work performed and to protect owners from […]
Changing Liability for Florida HOA’s
It’s easy to forget, but HOAs are similar to businesses. So when a major change is made in the business world, it often affects HOAs. The recent National Labor Relations Board (NLRB) decision regarding joint employer liability is one change that may affect future HOA decisions with respect to their ability to work with personnel […]
So Your Association Changed Attorneys…Now What?
An association has decided to change its legal counsel and transfer all existing matters to its new lawyer. The management company sends the request to the prior law firm only to be told that a retaining lien has been asserted. Until the lien is satisfied, the law firm refuses to transfer the files. Is that […]
Before You Litigate, Mediate
If you live in a community association, you have probably encountered neighbors failing to act neighborly. It is not uncommon for owners to get into disputes with one another and the association. For homeowners and associations alike, litigation can be a costly and time-consuming means to resolve such disputes. Read the article………….
Run Your Association Like a Business
Running any type of business is no easy feat, and that is especially true for businesses that are operated by volunteer leadership. Nonetheless, community association officers and board members should engage in certain businesslike approaches to help ensure that they are running their association successfully. Read the article…………
Clarion Call for Changes to Outdated Association Documents (FL)
A new wrinkle has come into play in the ongoing struggle between foreclosing lenders seeking to diminish their liability for prior owners’ association assessments and community associations hoping to recoup as much as possible. Read the article…………
Levying Fines for Associations
Levying fines can be a useful tool for community associations when trying to enforce their rules and covenants. However, many associations do not levy fines correctly subjecting them to challenge. Earlier this year, the Florida legislature passed HB 791, which clarified how associations the proper way to levy fines. The bill makes clear only the […]
Community Associations: Amendments to Chapters 718 & 720, Florida Statutes
On July 1, 2015, recent amendments to Chapters 718 and 720, Florida Statutes went into effect which will impact all condominium and homeowners’ associations in the state of Florida. Read the article………..
Who Do You Call? Fraud, Mismanagement and Rule-Breaking
In most instances, the board or management team of a condo or HOA is equipped to handle the wide variety of issues that arise day-to-day, from a leaky roof to dealing with municipal bureaucracy. There are other, bigger issues—things like embezzlement and fraud, for example—that require experienced outside professionals to resolve. Read the article…………..
Noise Rules: Keep it Down—But Keep it Fair
When you live in a multifamily building, however, peace and quiet can be hard to come by. From the guy upstairs who gargles loudly at precisely 6:47 a.m. every morning to the neighbor with the yapping Chihuahua—at some point the soundtrack of your neighbors’ lives will inevitably intrude upon your own. Read the article………….
Going by the Book – The Importance of Following the Rules
It happens in business, government, and industry every day: employees learn the rules of a new job, and very shortly thereafter, they start taking shortcuts to circumvent them. Rarely is this done with malicious intent. More often, it is simply a matter of achieving such a familiarity or shorthand with the rules that their specificities […]
Community Associations Must Comply with Florida Law Protecting Tenants in Foreclosed Residences
Many community association boards and property managers are still unfamiliar with Florida Statute 83.561 enacted this summer, offering limited protections to tenants in foreclosed homes. Read the article…………
Fla. App. Ct. (3rd DCA) applies ‘after acquired title’ doctrine to save mortgage loan
The Third District Court of Appeal of the State of Florida recently affirmed the entry of summary judgment in favor of a mortgagee and against the purchaser at a condominium association assessment foreclosure sale based on the after-acquired title doctrine. Read the article………….
Do Property Management Companies Need to Comply with Fair Debt Collection Practices Act? (FL)
Questions regarding compliance with the federal Fair Debt Collections Practices Act for the collection of community association assessments by property management companies have been a source of confusion in the industry for decades. Since the ruling in Harris v. Liberty Community Management, Inc., property management companies that fall within the exemption found in §1692a(6)(F)(i) of […]
Florida Building Code: Violations and Claims
The purpose of the Florida Building Code (“Code”) is to establish minimum requirements to protect the health, safety, and welfare of the public. Its provisions apply to, among other things, construction, alteration, modification and repairs of buildings and structures. Therefore, it is no surprise that construction and design defect claims in Florida often involve one […]
A Step-by-Step Guide to Planning Condominium Elections in Florida
The Florida Statutes and Florida Administrative Code define the specific processes and procedures for electing association Board members to ensure that elections are fair and that any unit owner interested in running for a seat on the Board has the opportunity to do so. A condominium association’s board is usually elected by the unit owners […]