No one likes being sued, but unfortunately, America has become a litigious society. Whether you were not warned that your coffee was too hot, or you slipped and fell on your untied shoelaces, it always seems to be the fault of someone else. Reducing potential liabilities in your community parking lot is an integral part […]
FL 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. Chapter 720, Florida Statutes was officially renamed the “Homeowners’ Association Act,” and among the more significant changes, the procedure for fining unit owners for violations of […]
U.S. Supreme Court Ruling Could Impact Community Associations
The U.S. Supreme Court has been in the news a lot which is not surprising given its recent newsworthy rulings. However, there is one ruling that could impact the community association industry profoundly. The 5-4 Supreme Court holding in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, could have wide-ranging impact on […]
Money Talks: Communicating About Co-op/Condo Finances
Imagine sitting down with your significant other to pay the monthly bills. You both put your checks into a joint account and know how much there is to take care of expenses, or so you think. Out of his wallet your husband pulls out receipts for a new suit, dinner with his friends and a […]
In The Black: Explaining Common Co-op/Condo Budget Terminology
Taking care of a co-op or condo building’s budget and finances is a big job. Handling such large sums of money is an important responsibility, and not every shareholder or unit owner has the expertise to do the job well. Sure, most people know the that the amount of money going out shouldn’t exceed the […]
Don’t Raid the Cookie Jar: Capital Budgeting is Essential
Sometimes the future seems like it’s an awfully long way away. If a roof is going to last 30 years, why should we worry about it today? Same with that shiny new air conditioner or that flat, crack-free pavement just poured two summers ago. Eventually, though, everything new grows old. Wear and tear sets in […]
An overview on Condominium and HOA Reserve Funds
For community associations, preserving the property and its common areas is one of the foremost duties of the association directors. Beyond the day-to-day maintenance responsibilities, association directors and managers are responsible to develop funding plans for the upkeep and replacement of common facilities such as elevators, roofs, heating/cooling systems, swimming pools, decks and balconies. Read […]
Condominium Flood Insurance
The National Flood Insurance Reform Act of 1994 (NFIRA) mandated that all homes receiving a federally backed mortgage loan must have flood insurance when the home is located in a Special Flood Hazard Area in a participating community. Condominium owners must remember that the mortgage portfolio protection program (MPPP) allows mortgage companies to force a […]
Tenants’ Rights in Condominium Communities (FL)
Our firm’s other community association attorneys and I are often asked by condominium association board members about the rights of tenants who are renting units in a condominium to use the common elements – as well as their ability to participate and vote in meetings and elections. Read the article………
Florida Fair Housing Act Revisited
As the real estate market continues to turn around in Florida we believe it’s important to review fundamental laws that were enacted to defend our civil rights. In 1983 the Florida Fair Housing Act was passed by Florida legislature and amended in 1989. It’s no surprise that this act is still upheld today as it […]
Childress Immune From Malpractice Suit, 11th Circ. Affirms
The Eleventh Circuit on Friday upheld the dismissal of a condominium association’s malpractice suit over law firm Childress Duffy Ltd. Inc.’s handling of a hurricane coverage action, finding that the firm’s decision to not use a particular witness at trial is protected by Florida’s judgment immunity doctrine.
Coconuts about Flood Control
The rainy season in Florida can provide many challenges for residential communities. Any resident who has experienced a heavy rain event, including a tropical storm or hurricane, understands that it only takes a partial blockage in a street drain or malfunctioning storm water outfall to jeopardize the safety and well-being of the entire community. Keeping […]
Food for Thought: Unlicensed Practice of Law Opinion
While community association managers in Colorado have been working through the state mandated licensure process, the ‘hot button’ topic of discussion in Florida has been the Florida Supreme Court’s May 14, 2015 Advisory Opinion regarding the unlicensed practice of law by non-lawyer community association managers. Read the article…………..
Condo Terminations: Breaking Up Gets Harder to Do
On June 16, Gov. Rick Scott signed House Bill 643 into law, making sweeping changes to Section 718.117 of the Florida Condominium Act relating to terminations of condominiums. The changes, which are effective immediately, make optional terminations of a condominium more difficult. The number of optional condominium terminations rose during the recent downturn in the […]
Changes to Chapter 558: Florida’s Construction and Design Defect Statute
Resolution of construction and design defects in Florida are governed by Chapter 558 of the Florida Statutes. Unless parties have agreed to opt-out of the requirements of Chapter 558, its statutory provisions apply to all commercial and residential construction projects. The Governor recently approved changes to Florida Statute Chapter 558 on June 16, 2015. These […]
New Law Allows Electronic Voting by Community Associations (FL)
His article calls for the state’s Division of Condominiums to establish an approval and certification process for the e-voting systems providers. It reads: Read the article………..
Condominium Terminations Become More Difficult (FL)
Section 718.117 of the Florida Condominium Act received sweeping changes earlier this month. On June 16th Governor Rick Scott signed HB 643, which made optional terminations of a condominium more difficult. Read the article………..
Florida Federal Court Limits First Party Bad Faith Claims
In Fox Haven of Foxfire Condo IV Ass’n Inc. v. Nationwide Mut. Fire Ins. Co., the insured condominium association alleged that the insurer failed to properly investigate and settle a claim for damages caused by Hurricane Wilma. After the storm, the association and the insurer disagreed on the damage amount. Read the article………..
Review of new laws affecting community associations (FL)
Today’s column is the second and final installment of my annual report on new laws affecting community associations. In the first installment, we looked at some of the changes for condominiums, cooperatives and homeowners’ associations in HB 791, the main bill affecting community associations. The remainder of HB 791 includes the following: Read the […]
Legal Tales from the Sunshine State: Eight Stories from Florida Residential Buildings
Work in any business long enough, and chances are nothing will surprise you anymore. This is especially true of co-op and condo lawyers. Along with property managers, attorneys are keepers of some of the best stories to come out of South Florida’s co-ops, condos and HOA communities Read the article………..
Florida Legislative and Legal Update
When you’re up to your earlobes in alligators, it’s hard to recall that your initial objective was to drain the swamp. —Old Florida Proverb A long-standing annual rite in the Florida Legislature is passage of an omnibus shared-ownership housing bill for condominiums (Chapter 718 in the Florida Statutes), co-operatives (Chapter 719), and homeowners associations (Chapter […]
Florida Courts Leave Associations Out in the Cold
Once again, the Florida appellate courts have left community associations out in the cold. Homeowners’ associations cannot rely on their remedies under Florida statutes in bank foreclosure cases if the statutes are in conflict with the governing documents, so said the Fourth District Court of Appeal in Pudlit 2 Joint Venture, LLP v. Westwood Gardens […]
5 of the Most Common Misperceptions of Community Associations
1. Eviction of Tenants: Contrary to popular belief (at least among condominium and homeowners association directors), there is no inherent authority of community associations to evict a tenant for violations of the governing documents, including the failure to be approved in advance of occupying the unit or lot. Read the article…………
Collection strategies for community associations often needed in today’s real estate market
Despite the rebound of the real estate market and the slowdown in the filing of new foreclosure cases, community associations across Florida continue to face problems with collections. Delinquent payments and the resulting foreclosures are likely to remain an issue for the foreseeable future. Read the article………..
3 Strategies for Collecting Delinquent Association Debt
Despite the rebound of real estate and the slowdown in new foreclosure filings, community associations continue to face collections problems. Delinquent payments and foreclosures will remain issues. According to RealtyTrac’s April 2015 report, there was a surge in foreclosed homes across South Florida. Read the article…………
Consider these facts before advertising on your Community Association’s Website
Your community association website should have one ultimate goal: enhancing communication. This includes communication between the board, residents, owners, and community leaders. Websites can be used to post notices, conduct surveys, publish board meeting information, upload classifieds, and release inspection requests. Neighborhood links, FAQs, forums, events listings – there is no limit to what you […]
Tips for Making Sure Your Community’s Gate System and Camera System are Working Properly
Tips for Gate Systems: 1. Check your batteries – Most current and older gate systems run on 12 VDC batteries which allow the gates to operate and also provide a battery backup system, which will open the gates within 10-15 seconds in the event of a power failure. These batteries should be checked every 3-6 […]
Disaster Recovery & Rebuilding
Powerful weather events such as hurricanes are dangerous reminders of the importance of proper planning, emergency preparedness, and the need to work with experienced professionals to properly recover losses and rebuild homes, businesses and communities. Read the article………
Barking Up the Wrong Tree
Yogi Berra once said “it ain’t over ’till it’s over.” That statement perfectly describes the most recent decision to come out of Florida’s Fourth District Court of Appeal dealing with a unit owner’s request for a reasonable accommodation under the Fair Housing Amendment Act of 1988 (FHAA) to keep an emotional support animal despite her […]
Florida Supreme Court Ruling on Attorneys is Bad News for Condo Associations
Condo association boards hoping to cut legal fees by performing some everyday tasks in-house will need to reconsider after the Florida Supreme Court reaffirmed an earlier opinion that these duties constitute practicing law without a license. Read the article……….
Construction and Design Claims: Beware of the Statute of Limitations and Repose
Contractors, developers, owners, and anyone involved in the construction and design industry must be aware of the time periods for bringing suit to enforce construction and design related claims. Florida law has various limitations periods for filing of lawsuits. 95.11 Florida Statutes. These time periods are referred to as the statutes of limitation. If a […]
Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions: Part V
This fifth and final post in the series explains when an association should initiate its own foreclosure action depending upon the status of the lender’s action. Read the article………..
Condominium Conversions – What Is Covered Under Developer Warranties?
Condominium conversions are existing rental apartment buildings where legal ownership is changed to a condominium form of ownership. Since these buildings were in existence for several years prior to conversion, they often deteriorate quickly or suffer from deferred maintenance. Most purchasers are unaware that Florida law reduces the statutorily imposed warranties and liability on a […]
Florida Condominium Association Rules & Regulations: Drafting a Violation Policy and Issuing Fines
Every condominium association’s Declaration of Condominium and Bylaws incorporate rules and regulations that homeowners (and their tenants and guests) are obligated to follow. Further, most association Governing Documents allow for Boards of Directors to establish additional reasonable rules and regulations (through a Board vote at a properly called meeting) so long as they do not […]
Buying a Distressed Residential Subdivision: Are You Getting In Over Your Head?
There are many ways to acquire a distressed residential subdivision for what may seem to be a bargain price. Whether an investor is buying the property at a foreclosure sale or purchasing a defaulted mortgage loan on the property, issues may exist that, if known at the time of purchase, would affect the price. While […]
Bad faith and Citizens Property Insurance Corporation (FL)
A little over seven months have passed since the Supreme Court of Florida heard oral arguments from the attorneys for Citizens Property Insurance Corporation and Perdido Condominium Association. For those readers who are not familiar with what lead to the issue coming before the state’s supreme court, the case stems from a decision by Florida’s […]
Seasonal Amenities Maintenance – Caring for Your HOA’s Amenities Year-Round
South Florida’s seasons, with the exception of summer, don’t really resemble the spring, summer, autumn, and winter observed by most areas of the United States. Those traditional seasons are governed by both the weather, and to a certain degree, by the calendar. Tropical south Florida has summer pretty much all year long, and a rainy/hurricane […]
Unique Amenities – What’s New in Today’s Market?
These days, buying a new condominium might mean access not only to your dream home but also to the kind of high-end amenities that can transform a beautiful home into a spectacular one. At least that is the goal of developers and boards seeking to draw new buyers and keep current unit owners happy. […]
Programming for Every Age – Recreational and Social Programming
When it comes to offering social programs and amenities to a community, residents’ wants, needs and preferences can run the gamut. For board members and property managers, having programs in place that cater to the collective—toddlers to octogenarians and those in between and beyond—can be a challenge. Read the article……….
Making the Most of Common Spaces
There are many reasons why people choose to live in a condo building or homeowner’s association. It might be the building’s close proximity to a job or family, or maybe the resident would prefer for someone else to mow the lawn, fix the roof and take care of the property. For some residents, the biggest […]
Aging Populations and Multiple Generations in Community Associations
For the first time in United States history, more and more adults are choosing to stay in their home as they age. The reasons for wanting to stay in the home range from a personal choice stemming from the desire to stay in familiar surroundings with familiar routines, to an economical choice of the cost […]
How Community Associations Keep in Touch with Residents with effective ways of communication.
Every community association, no matter how large or small, needs clear, concise, and consistent communication with its residents. Good communication helps board members and community leaders explain decisions, distribute information, and develop a solid relationship with everyone in the community. Read the article…………
Do You Need a Security Guard at Your Gate? (FL)
Taking the right steps to prevent theft, vandalism, and violent crimes is essential for community leaders, and one of these potential measures is hiring a security guard for the gate. Before deciding whether or not to hire a security guard, take a look at some important factors. Give all of these issues honest consideration and […]
Is it time for Local and State Governments to do some of the heavy lifting for community associations when it comes to secondhand smoke?
Has your condominium or cooperative board been contacted by a member who has been impacted by a neighbor’s nicotine habit? Has your Board struggled to understand what your obligations are and how much it will cost you to find out? By defining secondhand smoke as a nuisance, local and state governments can do the heavy […]
Construction Defects: What Insurance Policy Applies
In construction defect claims, various insurance policies are often implicated. These policies can span many years, so it is critical to determine what policy or policies may provide insurance coverage for the damages that ensue. The insurance policies at play, for general contractors, subcontractors and suppliers, are typically comprehensive general liability policies. Assuming these parties […]
Is Your Association Is Planning a Maintenance, Repair or Restoration Project? You Better Read This First!
At some point in time, every association is faced with a major maintenance and repair undertaking, whether it be concrete restoration, elevator refurbishment, new roofs or a similar monumental task, which requires the association to place their trust, and a large sum of their money, in the hands of contractors, engineers and architects. Read the […]
Florida’s Revised Arbitration Statute
Before exploring RFAC, it’s important to understand arbitration. Arbitration is an alternative dispute resolution process where parties submit the dispute to one or more impartial persons for a final and binding decision. The purpose of using arbitration is for a faster and more economical approach to dispute resolution, as compared to trials. Read […]
Taking Your Association from Good to Great
Being a community leader with an association is a very rewarding job. Leaders taking associations from good to great through events, communication, and activities. There are, however, certain rights that you need to maintain, along with responsibilities as a community leader. Remember these rights and responsibilities, and you will get more enjoyment as a community […]
Where Did Everything Go?
Florida law 718.111(12) obligates “outgoing board members to return all official records … to the incoming board.” Why did the legislature have to go out of its way to create a specific law to obligate a proper transition from one board to the other? There must be a problem here. The problem is that community […]
As a homeowner in a community association, there is much that you can do to ensure everyone in your community enjoys a great neighborhood.
By understanding your rights and responsibilities, you will help maintain property values, preserve a sense of community, and bring top-quality leadership to your association. Let’s take a look at what you, the homeowner, need to know about your rights as well as your responsibilities. Read the article…………