Florida Condominium rules and regulations are subject to the Florida Condominium Act. It is important to understand what is needed for condo association annual meetings as regulations make the occurrences of these meetings mandatory and clearly outline how to conduct them. Read the article………………………..
Qualifications for Being a Condo Association Board Member
If you live in a condominium association, you may see signs encouraging residents to run for a board member position. Being on a condo association’s board is incredibly important, as you are part of a group elected and responsible for the property, business of the condo, and ensuring bylaws are followed and community members are […]
Tips for an Effective Virtual Annual Meeting
Annual meetings are a requirement for all HOAs as outlined by the Homeowner’s Association Act. These meetings should give residents enough notice to attend (at least 14 days before the meeting), and will cover important information like budget updates, amendments to current governing documents, and new board member elections. Read the article………………………..
Boards have to watch their Officers – Florida Condo President arrested 3 times for hiding cameras in homes
What a way to wake up on Christmas morning. Happy holidays to all. Robert Orr, president of the Las Brisas Condominium Association in Florida was arrested for the third time for installing hidden surveillance cameras in owners homes. I can understand the first time, but three times. Here is the article. Mr. Orr ought to […]
Can Florida Condo Insurance Exclude Water Damage?
From accidents to severe weather, condo insurance often covers many perils, including certain types of water damage. But homeowners might wonder, “Can Florida condo insurance exclude water damage?” In some cases, yes. Read the Q&A……………………………….
Senate Bill 4-D Glitches That Must Be Addressed
Despite the Florida legislature’s best efforts, there nevertheless remains confusion with the interpretation of Senate Bill 4-D (SB 4-D), which provides for condominium and cooperative milestone inspections and structural integrity reserve studies. The purpose of this article is to draw attention to many of these glitches in hopes that the 2023 Florida legislature will address […]
Florida Appellate Court Enforces Rules on Mediated Settlement Agreements
In November, the Second DCA refused to enforce a mediated settlement agreement that, although signed by the attorneys for both parties to the agreement, was not signed by either of their clients—Parkland Condo. Ass’n v. Henderson, ___ So. 3d ___, 2022 WL 16954010 (Fla. 2d DCA Nov. 16, 2022). Read the article………………………..
The Difference between Bylaws vs. Operating Agreements (FL)
Discover how these documents compare and how they influence internal operations and external interactions. Read the article………………………..
Florida Condominium Laws Require Insurance or Fidelity Bond to Reimburse Stolen Association Funds
Recent articles in the Miami Herald and Insurance Journal reported on massive fraud from a Condominium Association by its officers, board members, and leaders. The Miami-Dade State Attorney’s Office said it had charged five current and former association board members with racketeering violations, grand theft, money laundering, and fabricating evidence. In addition, two vendors were […]
Excuses, Excuses, Excuses (FL)
I have heard lots of excuses over the years about so many different things. Here’s a few that simply don’t work: My assessments should be less — I don’t use the elevator Read the article………………………..
How A Luxury Miami Condo Complex Climate-Proofed Their Foundation (And Accidentally Became A Social Media Focal Point In South Beach)
“It’s essentially a cruise ship we maintain daily,” says Rishi Idnani, referring to The Continuum, a luxury condo complex on Miami Beach where he is Managing Director. The two-tower, 13-acre beachfront property recently underwent a massive infrastructure improvement 20 years after the building was completed, with a focus on keeping one step ahead of the […]
Why Can’t We…
Unit owners often move from private homes and do not understand that the condominium form of ownership in Florida is somewhat unique. In many instances some individual liberties must be curtailed for the good of the community as a whole. Read the article………………………..
HOAs Suing as Representative of Owners are Bound by Arbitration Provisions in Owner Sale Agreements and Deeds (FL)
Earlier this year, we published an article titled Covenants to Arbitrate Construction Defect Disputes Within a Deed Run With the Land Obligating Subsequent Parcel Owners wherein the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound subsequent owners. The same principle applies to homeowners’ associations suing as representative […]
Florida, Statutory Immunity
The Third District Court of Appeal of Florida, on October 19, 2022, in Bal Harbour Tower Condominium Association, Inc. v. Bellorin, determined that an employee of a valet service could not maintain a negligence lawsuit against a condominium association for injuries sustained while working on the condominium premises. The court, relying on Florida statute 440.10(1)(b)—which […]
Characteristics of Great Community Association Presidents
A well-functioning community association board requires dedicated directors who are all doing their part to help make their enclave the best it could possibly be. Each of a board’s members and officers, which generally include the president, vice president, treasurer and secretary, play vital roles and make essential contributions to the administrative and financial wellbeing […]
Time to Pay the Piper: New Mandatory Reserve Requirements for Florida Condominiums
Florida law requires every condominium’s annual budget to include both operating expenses and reserves for capital expenditures and deferred maintenance. Operating expenses are those incurred during the day-to-day operations of the condominium (e.g., landscaping, pool maintenance, and management fees). Capital expenditures and deferred maintenance, on the other hand, are those incurred during the sporadic repair […]
Is fraud occurring in your HOA? Red flags to watch for and how to file a complaint (FL)
Do you suspect your homeowners association is misusing your money? People who live in an HOA community elect a governing body tasked with overseeing day-to-day responsibilities, such as maintenance of shared amenities, collecting fees and enforcing rules. Read the article………………………..
Why You Might Need Flood Insurance When You Live in a High Rise Condominium Next to the Ocean (FL)
High rise condominiums next to the ocean are subject to storm surge and erosion. While rare, I have represented a number of condominiums that collapsed during a hurricane event. Read the article………………………..
Hurricane Ian Cleanup and Restoration Work Issues (FL)
It has now been over a month since Hurricane Ian made landfall in Southwest Florida, causing historic levels of damage to our community. Some of the most shocking damage from Hurricane Ian was due to its unprecedented levels of storm surge, causing flooding in large portions of Southwest Florida. However, our community has responded in […]
What Can an HOA Do When a Homeowner Refuses to Pay HOA Fees? (FL)
Homeowners association fees are due on a monthly basis and utilized by the homeowners association (HOA) to maintain and improve the property and/or the neighboring area. HOA fees vary depending on where the property is located and can range anywhere between $100 to even $1,000 per monthRead the article…………………………
Why Board Members Need to Understand The Difference Between Religious and Secular Holiday Displays
If your community association installs a holiday display, is that holiday display considered religious or secular? Are Christmas trees, menorahs, Nativity scenes, or the Kikombe cha Umoja (the Unity Cup used during Kwanzaa celebrations) considered religious or secular? How can you tell the difference? Why is the difference so very important to understand? Read the […]
Between a Rock and a Hard Place: Condominiums with Substantial Structural Deterioration (FL)
For five months now, Florida condominiums with buildings that are three stories or higher have been on notice of F.S. §553.899, a new statute adopted within Senate Bill 4-D (“S.B. 4-D”) that requires periodic milestone inspections. This controversial legislation was enacted in response to the tragic collapse of Champlain Towers South in Surfside, Florida. Read […]
Welcome mat or “No Pets”: HOAs struggle with support and service dogs
Dogs have gotten a bad rap lately. So have condominium HOAs struggling to enforce their rules. Can’t the two just get along? In the “emotional support” era, some dog owners have paid for the paperwork from a licensed mental health professional or doctor needed to make their canine a comfort or emotional support animal (ESA). […]
Options for Dispute Resolution in Condominium Associations (FL)
On July 1, 2021, changes to Florida law opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through presuit mediation. Previously, certain disputes between condominium associations and unit owners (or cooperatives and unit owners) were required to be submitted to arbitration through the […]
Enforcing the Rules and Regulations in Your Community: All Actions Have Consequences. How Prepared Are You to Enforce Them? (FL)
Whether you live in a condominium, cooperative, or homeowners’ association, owners and their guests, tenants and invitees are bound by the association’s governing documents, which may include the declaration, articles of incorporation, and bylaws, and any rules and regulations. Prospective owners and tenants must understand what is required of them under these documents as they […]
Can Your Local Government Ban Short Term Vacation Rentals? (FL)
Southwest Florida is a prime location for people to bring their family and friends to vacation. Whether it’s the golf, beaches, or just the beautiful weather, Southwest Florida has solidified itself as a great destination for vacations. This has made tourism a major industry, and one of the biggest areas of tourism is hotels and […]
Electric Car Charging Stations: The Next Must-Have Amenity (FL)
Among the many efforts underway to stem the oncoming tide of climate-related catastrophe is the increasing use of electric vehicles (EVs). While gas-powered cars are still the overwhelming majority of vehicles on the roads, EV technology is fast improving, and consumers are taking them seriously as an alternative to older, more polluting options. As more […]
Safeguarding Your Reserves: Key to the Financial Health of Your Association (FL)
In our current environment of steeply rising costs, it’s more important than ever to safeguard your reserves to ensure that your association has sufficient funds available for immediate and future capital projects. Unfortunately, many association boards do not understand how to properly implement these safeguards, which leaves them in the position of struggling to fund […]
“When I Die and Go to Hell, I Want to See the Entire [Court of Appeal] Panel There to Greet Me!” (FL)
From Rosen v. Tiffany of Bal Harbour Condominium Ass’n, Inc., decided yesterday by the Florida Court of Appeal, in an opinion by Judge Monica ordo, joined by Chief Justice Ivan Fernandez and Justice Edwin A. Scales, III: Read the article………………………..
Senate Bill 4-D And The Champlain Towers South Disaster: A Problem In Response To A Problem (FL)
On June 24, 2021, we witnessed one of the most disturbing events in recent memory. A residential condominium building in Surfside partially collapsed overnight leaving 98 people dead and the surviving residents without a home. The actual cause of the Champlain Towers South tragedy is still under investigation, but several disparate factors are likely to […]
Is Self-Help Required? (FL)
While one of the primary functions of an association is to maintain and enforce the owners’ obligations imposed upon them by the association’s governing documents, the association itself is usually not required to the perform the work necessary to fulfill the owners’ obligations. Read the article………………………..
After The Storm—Does Your Condo Have to Hire an Engineer or Architect? (FL)
What should the Association do after the storm about the damage? This initial common question is important and invariably leads me to tell Association Boards to check the Association Declarations and By-Laws. Most have guidance about steps that must be followed. Read the article………………………..
Condominium Unit Owner Insurance (FL)
Do you think you do not need condominium insurance because your condominium association has it? You would be so very wrong if you do! It has happened more times than I can count Read the article………………………..
Unlicensed Contractors: What You Need to Know (FL)
Hurricane Ian made direct landfall in Southwest Florida, destroying thousands of homes and buildings. The destruction will now require the mobilization of hundreds of contractors in the construction industry. Unfortunately, a tragedy like Hurricane Ian will also attract a number of unlicensed contractors who will try and take advantage of desperate victims trying to rebuild […]
7 Expert Tips to Ensure a Successful Budget Season for HOA’s and Condos
Creating a budget is essential for the overall health of a Homeowner’s Association (HOA) or condominium association. A well-planned budget allows the community to share priorities, identify necessary operational requirements, and create spending guardrails. It also improves clarity when it comes to decision-making and offers controls when corrective action is required. Read the article………………………..
Hurricane Ian Reconstruction and Redevelopment: Considerations for Condominium Associations, HOAs and Land Owners
Hurricane Ian brought unprecedented storm surge and wind damage to Naples, Bonita Springs, Marco Island and Fort Myers Beach, leaving an unrecognizable footprint in its wake. And while the focus in the short term is on practical needs: finding housing for those who need it, restoring essential services, attending to the elderly, other issues also […]
Helping to Alleviate Condominium Unit Owner Reservations About New Statutory Reserve Requirements (FL)
The unanimous passage of Florida Senate Bill-4D was met with jeers, cheers and fears to some degree by nearly every Floridian who owns, manages, insures or advises a condominium property in the State. Among the most anticipated of the statutory changes to Chapter 718, Florida Statutes (The Condominium Act) in the aftermath of the Champlain […]
Hurricane Ian: Practical advice for communities in the aftermath of the storm
Hurricane Ian pummeled Florida’s southwestern coast last week, causing dozens of deaths, generating widespread property damage, and knocking out access to basic utilities in communities across the state. Considered one of the worst natural disasters in the state’s history, cleanup, restoration, and rebuilding efforts are ongoing and will take some time. Read the article………………………..
HOA dispute arises over responsibility for sidewalk repair (FL)
The role of a homeowners’ association is to regulate certain matters within a Florida community, from maintenance of common areas to enforcement of regulations. This is done with the intent of maintaining the appearance of a neighborhood and protecting the property value of homes in the neighborhood. Disputes can sometimes arise when there is a […]
Let’s Go to the Numbers (FL)
Afew weeks ago on the Condo Craze and HOAs radio show, I was sent a chart by a listener that showed that just under 50% of condominiums were funding a reserve account in full each month. As I was broadcasting this information, I felt that it sounded a little high. It turned out that I […]
Board of Director E-mails as Official Records Revisited (FL)
Last year we published an article titled “Should Board Member E-Mails be Maintained in the Official Records?” Spoiler alert: the article concluded that based on previous Department of Business and Professional Regulation Division of Florida Condominiums, Timeshares, and Mobile Homes (“DBPR”) rulings, the answer largely depended on whether emails that related to the operation of […]
Your assigned condo parking space may be more valuable if it is transferable (FL)
Read the article………………………..In the vast majority of Residential Condominium in Southwest Florida, the Developers have assigned certain parking spaces to certain units as limited common elements appurtenant to those units
Impact of Inflation on Community Associations
Inflation is here and no apparent relief in our near future. According to the most recent data from the United States Bureau of Labor Statistics the annual inflation rate for the United States is 8.5%. This increase has slowed slightly with the recent decrease in gas prices, but materials, food and shelter costs continue to […]
How to Be an Effective Association Board Secretary
Every board of directors, whether for a Fortune 500 company or your community association, needs a great secretary. Boards are required by law—and by the association’s governing documents—to maintain certain records for the sake of transparency. The secretary is responsible for maintaining those records accurately, including meeting minutes, bylaws and membership records. Read the article………………………..
An Association’s Response to Those Persons Who May Need Some Additional Care in Living (FL)
Some older individuals choose to live out their final years in their personal residences, alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other residents may experience mental or physical health issues which make them unable to adequately care for themselves. Associations are often at a loss with how to […]
Condominiums Have Power to Collect Assessments (FL)
Florida condominiums are created by a declaration of condominium. The declaration must meet requirements set by statute and regulations and be approved by the State. Condominium associations rely upon assessments from unit owners to pay the bills. Each declaration of condominium includes provisions addressing assessments but Florida statutes control procedure. Read the article………………………..
Condominium and Cooperative – Required Building Reporting (FL)
Fla. Stat. §718.501(3)(a) and Fla. Stat. §719.501(3)(a) require all condominium and cooperative associations existing on or before July 1, 2022, to provide the following information Department of Business & Professional Regulation, Division of Florida Condominiums, Timeshares and Mobile Homes (“DBPR”): Read the article………………………..
Community Association Statutory Meeting Notice Requirements (FL)
In the first article in our series on community association meetings we addressed meeting basics, in this article we will dig deeper into statutory meeting notice requirements for homeowners and condominium associations. The statutory requirements addressed in this article are necessarily general – any particular association’s governing documents or specific situation can impact and change […]
The benefits of EV chargers: What Florida property managers need to know
While EV chargers aren’t mandatory for all buildings yet, Florida law requires that condominium associations accommodate owners’ requests for EV charging stations. This means if someone wants to install an EV charger, the association can’t stop them. Read the article………………………..
Other New Condo Laws to Know – Part Three (FL)
On or before January 1, 2023, condominium associations existing on or before July 1, 2022, must provide the following information to the division in writing, by e-mail, United States Postal Service, commercial delivery service, or hand delivery, at a physical address or e-mail address provided by the division and on a form posted on the […]