When faced with a reoccurring issue in a condominium, the Board of the Directors may want to consider implementing a restriction as a long term solution to the problem. For example, after increasing complaints of loud music at late hours, the Board of Directors may consider a restriction as to when and to what extent […]
Is It Time to Consider Removing an Association’s Right of Self-Help to Cure an Owner’s Violation from the Declaration? (FL)
Through the years Florida’s community associations have relied upon the court decisions that had routinely agreed that the provisions of Florida Statutes that expressly authorize an association to entitlement to an injunction (i.e., a judicial order requiring a person to take action) superseded the common law standard of the requirement that there be no adequate […]
Associations Should Take Smart, Proactive Approach for Festive Holiday Season (FL)
Many communities with associations are replete with activities, private gatherings and general good cheer during the holiday season. To help make this most special time of the year as joyful and harmonious as possible, associations should make considered and intelligent decisions and preparations. Read the article…………………………………
Maintaining Your Elevators: Regular Care Can Help Avoid Huge Replacement Costs
The elevator is one of those inventions—along with running hot and cold water and indoor plumbing—that have been around for so long we take it for granted. But elevators obviously weren’t always a part of the architectural landscape. Without them we’d still be living in a world of six-story buildings (maybe seven for the strong-legged), […]
Surveillance in Buildings & HOAS: Privacy vs. Safety? (FL)
In 2017, a Boston couple were brutally murdered in their penthouse apartment in a high-end condominium building. The murderer, the former employee of a company that supplied concierge services to the condo, had worked there, and so knew the ins and outs of the building—including some serious gaps in the property’s security that both the […]
Communities Adding Pickleball Should Consider Mitigating Noise Disruptions (FL)
A recent survey of nearly 700 community association managers and board members conducted by the Foundation for Community Association Research found that more than 66 percent of the communities represented in the survey already have or are committed to building pickleball courts. However, of those communities that are embracing and incorporating the fast-growing sport, nearly […]
The New Laws – A Little Background (FL)
The tragic collapse of the Champlain Towers in Surfside, Florida occurred on June 24th, 2021 killing 98 innocent men, women and children. I was there a few days later staring at mounds of rubble and thinking that entire families were buried under there. Little kids. Babies. It was too much. The following year, The Florida […]
Is It Time to Consider Removing an Association’s Right of Self-Help to Cure an Owner’s Violation from the Declaration? (FL)
Through the years Florida’s community associations have relied upon the court decisions that had routinely agreed that the provisions of Florida Statutes that expressly authorize an association to entitlement to an injunction (i.e., a judicial order requiring a person to take action) superseded the common law standard of the requirement that there be no adequate […]
Florida Legislative Update: Key Laws Affecting HOAs, Condos and Cooperatives
With Florida legislation shifting frequently, condo and HOA boards should be aware of the various new laws adopted by the State of Florida that are likely to impact how their communities function or otherwise operate. The following is a short summary of several of the recently adopted bills that focus on governance in associations: Read […]
Florida Court Affirms Foreclosure Judgment for HOA
Florida’s Fourth DCA has affirmed a county court’s final judgment foreclosing a lien in favor of Deer Run Property Owners’ Association (the Association) awarding more than $87,000 for delinquent assessments, interest, late charges, costs, and attorneys’ fees. Read the article………………………..
When Can Insurance Companies Require Participation in Mandatory Binding Arbitration? (FL)
In Florida, significant changes to insurance regulations have taken effect as of December 2022, with the implementation of Senate Bill 2A. This comprehensive bill addresses several critical areas, including flood coverage disclosure, assignment of benefits, prompt pay laws, and, notably, mandatory binding arbitration limitations for insurance claims. This blog focuses on the provisions related to […]
New Florida Law Prohibits HOAs From Regulating Some Backyard Storage, Installations or Displays
A new Florida law that was enacted earlier this year and is now in effect addresses the storage, installation or display of certain items in the backyards of homes located within HOA communities. Read the article……………………………
Can a Community Association Restrict Solar Panel Installation? (FL)
Solar power is gaining traction as a common source of meeting Floridians’ electricity needs. In most cases, homeowners capture solar energy through the installation of roof mounted solar panels. Though readily accessible to most, solar panels are often unsightly and are a topic of concern and debate in community associations. Read the article……………………………
Fiduciary Relationship and the Business Judgment Rule (FL)
Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association and to refrain from obtaining or accepting personal benefits at the expense of the association. […]
Time for a Financial Check-Up (FL)
When did you last take a close look at your investment account statements, have a meaningful discussion with your financial advisor or broker, or reassess your investment goals and time horizon due to changing circumstances or major life events? Read the article…………………………
Navigating Florida’s Challenging Property Insurance Marketplace for Community Associations
The property insurance crisis in Florida is causing significant upheaval among the state’s HOAs and condominium associations. While they are paying the highest premiums in the country for coverage, more than 15 insurers have left the state in recent years. Citizens Property Insurance, the state-backed “insurer of last resort,” is Florida’s largest property underwriter, and […]
Conflict Management: How to Handle When Things Get Out of Hand (FL)
Living in close quarters can—and often does—lead to conflict. In co-op, condo, and HOA communities, conflict can occur between residents, or between a resident and the board. And to complicate matters, a seemingly isolated conflict between residents may spill over to become a conflict between resident(s) and the board. What’s the key to resolving differences? […]
Towering Uncertainty (FL)
More than 2 million Floridians live in condos subject to a new reinspection law passed in the wake of the 2021 Champlain Towers South collapse. For some, the price of keeping safe might cost them their homes. Read the article……………………………….
Florida Statute 2023-203: A Comprehensive Look at Building Safety Regulations and Florida Milestone Inspections
It often takes a crisis for society and government to react. Whether it be seat belts, smoking, or building safety, unfortunately, catastrophe can move the needle toward addressing public safety issues. This paper explores the events leading up to Florida statute 2023-203, the steps that impacted owners/developers/managers can take to ensure compliance, and how experts […]
Understanding Limited Common Elements (FL)
Limited common elements in Florida condominiums, as defined by the Florida Condominium Act, refer to common elements exclusively reserved for the use of specific units or groups of units, as outlined in the condominium’s declaration. This definition highlights that limited common elements represent a subset of common elements. Examples of what might be designated as […]
2023 Legislative Review Part 1 (FL)
This week we will start our annual review of the legislative changes that impact community associations. On May 25, 2023, this column summarized SB 154, the “glitch bill” regarding structural inspections and reserves. SB 154 was signed by the Governing and is now effective. Read the article……………………………..
Real Estate Counselor: Ruling in Dade Reminds Associations to Avoid Restricting Resident Access (FL)
……… focuses on the takeaways for community associations from a recent Miami-Dade Circuit Court ruling on the importance of avoiding restrictions against residents’ use of common elements that are necessary for them to access their unit. Read the article………………………………
The 1st Step in becoming an association board member? Education (FL)
Running a residential Owners Association in Florida is a business, not a social function. Condominium and Homeowners Associations are corporations structured similarly to well-known public and private companies in which the Board of Directors has specific responsibilities and obligations. Read the article…………………………….
Navigating the Complex World of HOA Architectural Control (FL)
What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members? Read the article…………………………………….
Noteworthy Changes Under New “Homeowners’ Association Bill of Rights” Law (FL)
Florida’s new “Homeowners’ Association Bill of Rights” (HB 919) law presents important changes for HOA communities and their boards of directors. The law, which only applies to HOAs and goes into effect on Sunday, Oct. 1, focuses on transparency and accountability, with provisions addressing kickbacks, conflicts of interest and fraudulent voting activities. Read the article…………………………….
Miami-Dade County’s Condominium Special Assessment Program: Requirements & Eligibility (FL)
Miami-Dade County is known for its stunning beaches and coveted coastal condominium communities. However, with the charm of these residences comes the responsibility of maintaining their structural integrity. After legislators passed rigid condominium safety reforms, many Floridians have been left wondering how they’ll be able to afford the special assessments coming their way. For Miami-Dade […]
Best Practices for Community Associations Responding to Disability Accommodations Requests
The federal Fair Housing Act bars community associations from refusing reasonable accommodations to their rules or policies requested by disabled owners to enable them to enjoy the full use of their residences. Requests for accommodations that represent fundamental changes to associations’ existing policies, or those that infringe upon the rights and privileges of other owners, […]
Florida’s Homeowners’ Association Act: Recent Changes Effective October 1, 2023
In Florida, homeowners’ associations (“HOA”) are governed by Florida Statute Chapter 720. That chapter is known as the “Homeowner’s Association Act” (the “Act”). The Act governs issues ranging from member assessments to arbitration to conducting meetings. The Act is constantly evolving, and HOA board members, HOA property owners, and HOA property managers should review the […]
Navigating the Complex World of HOA Architectural Control (FL)
What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members? Read the article……………………………..
SB 154 New Reserve Requirements and Exceptions For Condominium Associations (FL)
The new law, SB 154, passed in 2023, the following language was enacted, “In a budget adopted by an association that is required to obtain a structural integrity reserve study, reserves must be maintained for the items identified in paragraph (g) for which the association is responsible pursuant to the declaration of condominium, and the […]
Backyard Storage Woes: Does the New Backyard Storage Statute Apply to Your Homeowners Association? (FL)
While there has been a lot of buzz about changes made in the 2023 Florida Legislative Session to laws affecting our Association clients, one potentially important change has been largely overlooked. The seemingly innocuous flag bill – House Bill (HB) 437 — creates the new Florida Statute 720.3045 prohibiting homeowners’ associations from regulating certain backyard […]
What You Need to Know About Florida New (2023) Senate Bill 154: Structural Integrity Reserves (SIRS) Studies
Florida Senate Bill 154 has been signed into law and brings significant changes to Structural Integrity Reserves (SIRS) studies, a crucial element in ensuring the safety and long-term maintenance of condominium buildings across the state. These updates address various aspects, from who can perform the inspections to what needs to be included in the reserve […]
Navigating the topsy turvy process for major condo association restoration projects (FL)
On June 9, 2023, Gov. Ron DeSantis signed into law Senate Bill 154 (SB 154), which seeks to address select issues from the Florida Condominium Act, SB 4D. All of these measures are intended to mitigate and prevent potentially devastating incidents, including building collapses. Condominium safety laws center around inspection requirements, mandatory reserves and more […]
Who Owns a Development’s Common Areas? (FL)
HOAs have common areas as do condo associations, and the answer to “Who owns them?” varies under Fla. law and even from association to association. Read the article………………………..
Watch the Webinar: The Do’s and Don’ts of Handling Insurance Claims (FL)
We recently held an educational webinar with Steve Mason from Altieri Insurance Consultants to discuss the do’s and don’ts of handling insurance claims. Watch the webinar…………………………..
Fiduciary Duty: What it Means to Your Community Association (FL)
What duty does a community association board member owe to their association? What happens if that duty is breached? During the 2023 legislative session, legislation was proposed that would have made directors criminally liable for failure to timely respond to official record requests, among other provisions. Read the article………………………..
Where Is the Money Coming From? (FL)
With all the new laws, especially for buildings three stories in height or higher, along with reserve funding requirements, condominium living has just gotten a lot more expensive. With only one steady source of income, namely the assessments paid on a monthly or quarterly basis from unit owners, sometimes those funds are just not enough […]
Kings Point tornado victims still hampered by insurance ‘nightmare’ year later (FL)
Victims of a tornado that hit the Kings Point senior community near Delray Beach last year are still picking up the pieces. “We were the unfortunate few that got hit the hardest,” condo owner Richard Martin said. Read the article………………………..
It’s Time To Create Safe Pathways In Condo Associations For Electric Golf Carts
Electric golf carts are not permitted in my 1200-unit condo complex in Florida. Partially, it’s because the roadways are too narrow — the Gulf Oil developers in the 1970s never envisioned that their oceanfront investors getaway would evolve into an owner-managed association. Read the article………………………..
Can Anything Be Done About Solar Panels? (FL)
If you are living in a homeowners association you probably know that the Association cannot prohibit the installation of solar panels (or “solar collectors”). But what about a request to install such devices on the roof of a condominium? Read the article………………………..
Heatwaves and Housing: How Multifamily Buildings Can Prepare and Protect Residents (FL)
Heat events are no longer isolated occurrences; they’re becoming a norm. For multi-residential building association boards and management teams, this poses unique challenges and liabilities. Read the article………………………..
Who Owns The Common Areas In Your Building Or Community? (FL)
Trick question. The answer depends on whether you live in a Condominium Association or a Homeowners Association. In Florida, these 2 types of residential Owners Associations function and are regulated in very different ways. Read the article………………………..
Keeping Your HOA’s Covenants Alive (FL)
The Marketable Record Title Act’s (MRTA) purpose is to extinguish old interests and use restrictions on lands and to allow for land sales to be completed more easily and with less expense. Unfortunately, aged homeowners’ association covenants are amongst the interests that can be extinguished by MRTA, and preventing such extinguishment is a very important […]
Board Members Better Be Careful (FL)
Board members I’m telling you now……..be careful. I’m seeing it already. Unit owners are starting to freak out over the passage of huge assessments to cover the costs of mandatory inspections, mandatory repairs and massive increases in insurance rates. Read the article………………………..
2023 Legislative Update (FL)
The following portions of the original law have been modified and now only relate to residential condominiums (including mixed use), that are three (3) stories or higher per FL Building Commission: Read the article………………………..
Florida Statute, 720.3045, Installation, Display and Storage of Items
Numerous homeowner associations have declarations, covenants, conditions, and restrictions for the storage items on their property, regardless of where the items are stored and whether such items are visible to third parties. Such storage items may include boats, trailers, sheds, construction equipment, and junk. Read the article………………………..
HOA dispute turns into major legal battle (FL)
There are many benefits associated with living in a community with a governing body. This group oversees the maintenance of common areas and protects the property values of residents. However, there are times when an HOA can overstep its bounds or take steps that result in a conflict with residents. Recently, a dispute between a […]
Make Sure Your Docs Don’t Cost You Money – Pt. 2 (FL)
Last week was a primer on how foreclosures generally work and how banks get off the hook when they get back a unit when they foreclose on an owner’s unit or home. We learned that the banks are protected by the law because they only owe a few bucks to the association when they get […]
Pride and Prejudiced – When to Report Insurance Claims
A condominium association in Florida is required by law to “use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the condominium property, which must be insured by the association pursuant to this subsection.” §718.111(11), F.S. While condominium associations are required to use […]
EV Chargers Are Coming to Your Community – Are you Ready? (FL)
An individual owner files an application to the association for an EV Charger in a designated parking space. Did you know by law, that if the Board does not respond in 60 days the application is deemed approved and owner can proceed with an installation for their exclusive use? Listen to the audio………………………..