As the season for annual meetings and elections at South Florida community associations comes to a close, our firm’s other community association attorneys and I are reminded of the significance of following all of the necessary protocols to ensure that association meetings and elections run as smoothly as possible. Read the article……….
Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions: Part IV
This blog post is part IV in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and […]
Tips for Preparing Your Condo Elevator for Hurricane Season
PRIOR TO HURRICANE SEASON – APRIL AND MAY • Check the operation of all vents and openings in the machine room and hoist way walls to insure proper operation. This is to make sure that driving rain will not blow through the vents. • Check to make sure all doors, vents and other openings are […]
Landscape Committees – Embracing the Challenge, Improving Curb Appeal
No matter what the size of your community, one of the goals of any condo or HOA’s landscaping plan is to increase owners’ enjoyment of their property and enhance the value of the investment in their home. Larger condo complexes often have a landscaper in house and/or under contract to care for the lawns, flowers, […]
You Can’t Plant That Here – Landscaping Challenges and Solutions
South Florida is often portrayed in the movies and other media as one long beach, lush with exotic plants and palms stretched out under a brilliant, sunny sky. While that snapshot of South Florida living is pretty accurate, the verdant backdrop didn’t just happen by magic. Read the article……….
The Irrigation Situation – Routing Water to the Right Place
Keeping lawns, trees, bushes and flowers healthy and attractive is a big goal for nearly all condos and HOAs—and meeting this goal means that effective landscaping management is essential. Aside from the sun, soil rich in nutrients, and a capable, qualified landscaping staff, the key to remaining “green” is water access. Read the article
HOAs, Condo Associations Must Implement Safeguards to Prevent Election Fraud
A recent case in Las Vegas has set a new bar for the heights to which criminals will go in their efforts to defraud condo associations and HOAs for contracts worth millions of dollars. A U.S. Justice Department investigation revealed that 11 homeowners and condominium associations in Las Vegas were defrauded of millions of dollars […]
Recovering Attorney Fees in Litigation: How to Avoid a Defective Proposal for Settlement
Many parties engaged in litigation are primarily concerned with resolving their disputes through the most cost-efficient means. In the early stages of litigation, clients pose some version of the following question: “Who is going to pay my legal fees?” Under the common law, each party should bear their own legal expenses incurred. However, entitlement to […]
Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions: Part III
This blog post is part III in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and […]
Oh Crap! I’m a New Board Member: What have I gotten myself into?
So, you just started as a new board member in your condominium or homeowners association in Florida? Congratulations! Or, condolences! Your’s is a thankless job, but someone has to do it. Hopefully, your neighbors will recognize that you are investing your time and energy for the benefit of your community, while they may be off […]
Declarant Rights: Are Developers Leaving Money on the Table?
When a residential subdivision is developed, it is common for the developer to record a Declaration of Covenants, Conditions, Easements and Restrictions along with the subdivision plat. This Declaration addresses use restrictions that will govern the residents, as well as easements for their use and enjoyment of common areas such as ponds, private roads and […]
Florida Statute Chapter 558: Changes Are Brewing
Florida Statute Chapter 558 was adopted to serve as an alternative method to resolve construction and design disputes in order to reduce the need for litigation, while protecting the rights of property owners. While the nuances of Florida Statute Chapter 558 are outside the focus of this post, there are some proposed changes making their […]
Do board members owe a duty of care and loyalty to their association?
A community association is a corporation, in many ways similar to any other corporation, be it a for-profit or not-for-profit company. In exercising decisions, for the most part, the community association’s board members must adhere to the “business judgment rule.” As I like to explain it, this means that the board member’s decisions might be […]
Think twice before installing security cameras in condominiums
Does your condominium building have security cameras that were installed by the developer? Have there been violations of the association’s security protocol, such as unauthorized use of key fobs and contractor access to the building without registering with the front desk? If the answer to both questions is “yes”, would you think that installing a […]
Filing for Chapter 11 bankruptcy reorganization: viable option for condo associations, HOA’s
While the housing market in South Florida is continuing its recovery, many of the community associations in the region are still struggling with delinquencies by unit owners in the payment of their association dues. The shortfalls in the associations’ collections, which in some cases have also been exacerbated by gross mismanagement or even theft by […]
Condominium rentals can impact ADA compliancy rules
Q: In a condominium that permits short term rentals, must the property be ADA compliant and who must make these modifications or alterations? Read more……….
Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions – Part II
This blog post is part II in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and […]
Drones in Community Associations – Part 2
The previous blog post, “Drones in Community Association – Part I,” discussed the association’s regulation of the use of drones throughout and within the community. This post will discuss the potential for associations to utilize drones in everyday management and maintenance tasks for the community. Read more……….
An Employer’s Guide to Drafting and Enforcing Non-competition Agreements
As Florida’s workforce becomes more specialized and mobile, the economic climate becomes increasingly competitive for employers to protect their business interests. In an effort to protect those interests, employers frequently include restrictive covenants, or non-competition language, within their employment agreements to govern the conduct of employees upon termination or resignation. Read more……….
Tips to Run an Effective Monthly HOA or Condo Association Meeting
All homeowner’s associations have meetings, but often those in charge do not take the meetings quite as seriously as they should. It’s not to say there can’t be some casual elements and some fun to the meetings. However, it’s important to remember that running a quality condo or HOA is akin to running a business. […]
Drones in Community Associations – Pt. 1
Florida homeowners and condominium associations are now facing issues that were inconceivable at the time the community governing documents were drafted. The use of drones or UAS (“unmanned aircraft systems”) is beginning to exponentially expand. With the potential for packages to be delivered by drones, it is time for community associations to plan how the […]
Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions – Part I
It happens all the time—an association gets served with a lender foreclosure action and the papers get set aside, never given a second thought. It is hard to fathom a more costly approach to association management that, in the long run, produces a greater negative impact to the association’s budget. Read more………..
Condominium Association Assessments in Mortgage Foreclosure Cases
Recently, in Montreaux at Deerwood Lake Condominium Ass’n, Inc. v. Citibank, N.A., _ So. 3d _, 2014 WL 7183213 (Fla. 1st DCA Dec. 18, 2014), Florida’s First District Court of Appeal followed the Third District in Central Mortg. Co. v. Callahan, _ So. 3d _, 2014 WL 3455485 (Fla. 3d DCA July 16, 2014), in […]
Board Member Conflict of Interest
With the number of community associations throughout Florida and the constant rotation of board members via yearly elections and other means, it is inevitable that conflicts of interest occasionally arise. For example, maybe the preeminent landscaping company in town just happens to be owned by an association’s vice president? Read more………
Dispute Over Condo Association’s Financial Documents, Elections and Alleged Board Member Malfeasance Makes the Nightly News
Yet another report about an ongoing dispute involving alleged board member malfeasance at a Broward County condominium association has made the local nightly newscast on Local 10 News (WPLG, ABC). The report by the station’s Bob Norman chronicles the concerns of a number of the residents at the Summer Lake Condominium in Oakland Park over […]
Appellate Court Decision (FL): Unit Owner Loses Right to Redeem Property Back After Association’s Foreclosure
For years our firm’s community association attorneys have been counseling and working with our association clients to complete their own foreclosures in advance of the lenders, which have often been slow to act on their foreclosure cases. Read more………..
South Florida Spring Landscaping Tips
Now that spring is approaching, gardening and landscaping are back on most people’s minds. In this temperate time of year, gardens start to come to life thanks to the number of warm-season crops that can be grown at our sunny Florida homes. Here are some tips to help you prepare your outdoor home for gorgeous […]
A New Case Interprets First Mortgagee’s Safe Harbor for Past Due Condominium Assessments (FL)
Although the term “first mortgagee” is not defined within F.S. 718, a recent decision from the 5th DCA provides some clarity as to who fits into this category. In Beltway Capital, LLC v. The Greens COA, Inc., Beltway Capital brought a foreclosure action in which The Greens COA, Inc., a condominium association, was a named […]
Owner’s Partial Use of the Property Does Not Preclude Loss of Use Damages
Under Florida law, a property owner may be entitled to “loss of use” damages if construction delay or defects deprive the owner of use of the property. Loss of use damages are measured by the reasonable rental value of the property. These rules raise some questions. Read more………
Duty of care owed to trespassers on community property
The decision reached in a recent appellate court opinion out of Palm Beach County is instructive in determining the duty owed by property owner to an undiscovered trespasser, a discovered trespasser and an invitee. Read more………
Late notice held to bar a $6,000,000 Hurricane Wilma claim in Florida
In The Yacht Club on the Intracoastal Condo. Ass’n. v. Lexington Ins. Co., – Fed.Appx. –, 2015 WL 106862, 2015 U.S. App. LEXIS 293 (11h Cir., Jan. 8, 2015), a unanimous panel of the Eleventh Circuit recently held that a Florida condominium association’s multi-million claim for extensive Hurricane Wilma damage was barred because the insured […]
CAI Best Practices: Ethics
Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply […]
Bridging the New and Old Brigade of Association Residents
When the demographics of your condo or homeowner association start to change with an influx of younger residents problems can and often will arise. Is it possible to keep your longtime, solid, stable (and barely breathing)) residents content while welcoming the new brigade? Can you strike a happy medium while keeping with the times and […]
Changes to Construction Defect Claims Process Being Considered by Florida Legislature Create Concerns for Associations, Property Owners
Developed with the assistance of the South Florida Chapter of the Associated General Contractors of America, House of Representatives Bill 87 seeks to amend Chapter 558, Florida Statutes, in an effort to help contractors and design professionals avoid construction defect litigation. Read more……….
Effect on Community Associations When Owners File Bankruptcy
Association assessment collection is every day business for Florida community associations. Often times, the unit owner will file bankruptcy to avoid this legal obligations. The law governing condominium and homeowners association assessments with regard to bankruptcy actions is found at 11 USC § 523 (a)(16). This law which generally states that assessments are not dischargeable. […]
Foreclosing Lender Forced to File a Separate Action on Association Assessments
Foreclosing mortgagees often wait until after a foreclosure judgment and certificate of title are issued to determine the extent of liability to a homeowners or condominium association for past due assessments. But what if there is a dispute as to the amounts owed to the association after the mortgagee takes title to the property? […]
Community Association Board Members are Protected by the Business Judgment Rule
Board members oftentimes hesitate in taking necessary actions as they become frozen by the fear that their decisions may lead to unintended consequences. This results in critical decisions being delayed—the proverbial kicking the can down the road. Yet, depending upon the situation, the failure to act could produce a worse outcome. Read more………..
Elections 101
With the new year comes new plans, new resolutions and . . . elections. For many community associations election season is well under way and, as easy as an election may seem (go out, get the votes, and count the ballots – right?), there are so many statutory nuances in the electoral process that, if […]
Ten Things Every Newly Elected Board Member Should Know
This is the time of year when many community associations hold their annual meetings where elections are held and newly elected members assume their roles within the board of directors for the first time. Being a board member is a major commitment, both in terms of time and responsibility. Read more………..
E-Cigarettes in Your HOA or Condo Association
E-cigarettes or electronic cigarettes, the cigarette-shaped devices which contain a nicotine liquid that is vaporized and inhaled has greatly increased in popularity. E-cigs have been touted as being smoking cessation devices and a better option to smoking a pack of cigarettes. Read more……….
Appellate (FL) Opinion Reverses Foreclosure Court Decision Granting Association First-Priority Lien Rights Over Lender
In another appellate ruling on a case involving significant delays by a bank in a residential foreclosure, the First District Court of Appeal has reversed a lower court’s decision that awarded first-priority lien rights to a condominium association in Destin, Fla. over those of the lender due to the bank’s dilatory tactics. Read […]
Mortgage Foreclosure Action Barred by Statute of Limitations Based On Prior Involuntary Dismissal Without Prejudice (FL)
…..Following the involuntary dismissal without prejudice, Aqua Master Association, Inc., the condominium association (Association), foreclosed its lien on the property based on Beauvais’ failure to pay assessments. Title to the property was issued to the Association subject to the AHMS mortgage. Read more……..
Educational Resources for Managers
You can’t be a successful property manager without keeping an open mind about new technology and new developments in building administration tools—and understanding that the need to stay abreast of these situations is vital. Read more………..
Drone Activity in Communities Can Be Regulated
Question: We have a resident that flies a camera-equipped drone over homes in our gated community. I am concerned that this is a violation of privacy and that the drone could cause damage to my property. What laws regulate drones and how can I get the Association to make a statement regarding flying drones in […]
4 Tips for Forming Positive Relationships with Volunteers
As a property manager or community association, you’ve probably had to form and manage relationships with volunteers- and this can either work really well or it can be a struggle. On one side, having volunteers brings extra hands to the table, as well as new ideas. On the other side of things, it takes time […]
Assistance Animals in Florida Condominiums
Many Florida condominium associations have breed, weight, size, and other limitations on animals, but that does not mean those limitations are enforceable against every owner. Florida condominium associations are subject to compliance under the Fair Housing Act (“FHA”) and are prohibited from engaging in discrimination based on a disability Read more……….
Eyes in the sky: Should the use of drones be restricted?
Drones have been the topic of conversation for the past several years sparking privacy concerns amongst residential communities. In the state of Florida, Governor Rick Scott signed a bill that limits law enforcement’s use of drone aircraft; however, that bill does not pertain to or restrict the commercial and private use of drones. Read more……….
Regulating Vicious Breeds Of Pets Not Uncommon in HOAs
Question: I am a tenant in a community with a homeowners’ association. The association’s recorded documents say that each home may have no more than two dogs. There are no additional restrictions on size or breed of the two dogs found in the recorded documents. However, the lease application I was asked to complete asks […]
Defining a Nuisance in your Community
If you live in a shared ownership community, you have likely heard the term “nuisance” bandied about now and then. It is an unfortunate byproduct of living in close quarters with others that at some point, another person’s conduct may impact your enjoyment of your home. Read more………..