The intent of a homeowners’ association is to manage certain aspects of a community, such as the maintenance of common areas, as well as protect the values of the homes in the community. While there are many benefits to an HOA, there may be times when the responsibilities and power of this governing body conflict […]
Increases from Insurance, Inspections and Reserves Rattling Many Condominium Communities (FL)
A recent article in the Palm Beach Post chronicled the early signs of the financial strains that Florida condominium associations are beginning to experience. Unfortunately, these early issues involving increased insurance costs represent just the beginning, and things are indeed expected to get worse in the months and years to come. Read the article………………………..
Ruling Shows Pitfalls of Associations Enacting Changes Without Required Votes (FL)
It focuses on a recent ruling by Florida’s Fifth District Court of Appeal that illustrates the potential consequences of associations that undergo alterations to their amenities and enact rule changes without the required vote and approval of their unit owners. Read the article………………………..
Not My Building Not My Problem: Special Assessments, Cost of Repairs, and Who Has to Pay (FL)
Condominium associations exist in high concentration throughout Florida, many of which are made of a collection of buildings, and not just a single tower. Damage to buildings happens, and insurance is not always sufficient to pay for all needed repairs. So, what if only one of the buildings is damaged? Is every member of the […]
Community Associations: Self-Help or Injunctive Relief (FL)
Based on a recent opinion from the Second District Court of Appeals, Community Associations should consider self-help/abatement rights to cure violations before filing a lawsuit for injunctive relief. Read the article………………………..
SOME OTHER NEW LAWS CONDOS MUST FOLLOW – PART TWO (FL)
DISTRIBUTION OF THE INSPECTION REPORTS – Upon completion of a phase one or phase two milestone inspection and receipt of the inspector-prepared summary of the inspection report from the architect or engineer who performed the inspection, the association must distribute a copy of the inspector-prepared summary of the inspection report to each unit owner, regardless […]
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 […]
Issues that often lead to a dispute with an HOA (FL)
The intent of a homeowners’ association is to manage certain aspects of a community, such as the maintenance of common areas, as well as protect the values of the homes in the community. While there are many benefits to an HOA, there may be times when the responsibilities and power of this governing body conflict […]
What can a homeowners association regulate?
Before moving into a community with a homeowners association, a property owner will want to know the exact details and matters the HOA can and cannot manage. Depending on the details of the neighborhood covenant, an HOA may regulate everything from the colors of the home to the maintenance of the community pool. Each Florida […]
Eleventh Circuit Reiterates Availability of Postjudgment Rule 11 Sanctions (FL)
The case of Huggins v. Lueder, Larkin & Hunter, LLC, Nos. No. 20-12957, 20-12959, 20-12961, 20-14320, 20-14318, 20-14319, — F. 4th —- 2022 WL 2679024 (11th Cir. July 12, 2022), was a consolidated matter that originated when the law firm Lueder, Larkin & Hunter (“Lueder”) represented a homeowners association seeking to collect delinquent fees from […]
HOA License Plate Readers in Bay County Raise Privacy Issues
Homeowners associations have started installing HOA license plate readers in Bay County, Florida. But, some organizations are raising concerns over privacy. Read the article………………………..
Florida Structural Integrity Reserve Study and Funding Requirements: Frequenty Asked Questions
Introduced and signed into law in May 2022, Florida Senate Bill 4-D establishes statewide structural integrity reserve study and funding requirements for condominium associations and cooperatives. Read the article………………………..
Florida HB403: Can HOAs Stop You From Working From Home?
The introduction of Florida HB403 has given homeowners more freedom when it comes to working from home. But, the bill has also resulted in concerns among citizens and homeowners alike. Read the article………………………..
SOME OTHER NEW LAWS CONDOS MUST FOLLOW – PART ONE (FL)
We all know by now the myriad of new safety laws condos that are 3 stories or more are required to follow. They include mandatory fire sprinklers or an engineered life safety system (for buildings 75 feet or higher only), a Phase One Milestone Inspection after 30 years and every ten years thereafter (25 years […]
Heath v. Bear Island Homeowners Association, Inc. 76 So.3d 39 (Fla. 4th DCA 2011)
The importance of how language is drafted in covenants is at the heart of THIS CASE. Heath, a resident of Bear Island and as such a party to the Declaration of Covenants and Restrictions (“Declaration”), filed a lawsuit for injunction against the association and one of its directors. Read the article………………………..
Rules, Enforcement Are Keys to Reining in Bad Behavior, Promoting Safety in Community Pools (FL)
In South Florida, the pool is an extremely popular and widely used community amenity. While community pools can be a great source of joy and relaxation for residents and their guests, they can also sometimes become a focal point of strife and confrontations. Read the article………………………..
Condo Q&A: Ins and Outs of Insurance Coverage (FL)
Question: I am an owner of a condominium in Palm Beach County. There was recently a fire in an adjoining unit that caused damage to my unit. What is covered by my insurance policy versus the condominium’s insurance policy? Read the Q&A……………………………….
Condominium and Cooperative Milestone Inspection, Structural Integrity Reserves, and Mandatory Reserve Checklist and Worksheet (FL)
Please find available here for download a “Condominium and Cooperative Milestone Inspection, Structural Integrity Reserves, and Mandatory Reserve Checklist” and “Condominium and Cooperative Milestone Inspection, Structural Integrity Reserves, and Mandatory Reserve Worksheet” for use in complying with new Florida statutory amendments to Chapters 553 and 718, Florida Statutes, enacted by Senate bill 4-D (2022) in […]
Covenants to Arbitrate Construction Defect Disputes Within a Deed Run With the Land Obligating Subsequent Parcel Owners (FL)
In the case of Hayslip v. U.S. Home Corporation, — So. 3d —, Case No. SC19-1371 (Fla. Jan. 22, 2022), the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound subsequent owners. Read the article………………………..
What To Know A Year After The Surfside Collapse
On June 24, 2021, the Champlain Towers South, a beachfront condominium in the Miami suburb of Surfside, Fla., partially collapsed, sending shockwaves throughout the industry and shedding new light on the true meaning of condo safety. Today, a little over a year after the terrible tragedy, a condo reform bill unanimously was passed in the […]
Mandatory Condominium & Cooperative Building Inspections and Non-Waivable Reserve Requirements | SENATE BILL 4-D (FL)
With home insurers leaving Florida in droves, and following pressure from members of both political parties in the legislature to actually do something about it, in May 2022, the governor called a special legislative session to address the problem. A very real concern to the insurers is the effect of both time and inclement weather […]
Effective Association Record Keeping Begins with Concise, Complete Meeting Minutes (FL)
Community association board meetings are where the rubber meets the road for practically all association administrative matters. The agendas for these meetings and the minutes that ensue form a vital record of all the matters that have come before the directors of an association over the course of the entire lifespan of a community. Read […]
Disputes in Community Associations: Arbitration, Mediation, or Litigation? (FL)
Disputes within community associations were originally treated like other civil disputes, requiring litigation when the parties could not agree. The law evolved to now require certain types of “alternate dispute resolutions” for community associations before the parties head to court Read the article……………..
Florida Structural Integrity Reserve Studies – FAQs
Here are some common questions about the newly instituted Florida Structural Integrity Reserve Studies: Read the Q&A……………………………….
The Association’s Responsibility for Wildlife in the Community (FL)
As Floridians, we are familiar with various types of wildlife surrounding our neighborhoods. As new communities develop and expand into natural habitats throughout the state, interactions between residents and wildlife are increasingly common. Most of the time, these interactions are unproblematic, but dangerous incidents can, and do, occur. Read the article………………………..
Mandatory Condominium & Cooperative Building Inspections and Non-Waivable Reserve Requirements | SENATE BILL 4-D (FL)
With home insurers leaving Florida in droves, and following pressure from members of both political parties in the legislature to actually do something about it, in May 2022, the governor called a special legislative session to address the problem. A very real concern to the insurers is the effect of both time and inclement weather […]
Electric Vehicle Charging Stations on the Common Elements (FL)
Electric vehicles are now commonplace in our society and with the price of gas skyrocketing, more people will consider purchasing them. Condominium association directors should, therefore, expect owners to ask questions about electric vehicle charging stations (EVCS) on the common elements. Specifically, is the board able to install an EVCS on the common elements as […]
Statutory and Non-Statutory Reserves in Homeowners’ Associations (FL)
Given the fiduciary responsibilities of directors and officers to the members of their homeowners’ association, it is important to understand when reserve funding is mandatory under the Florida Homeowners’ Association Act (Chapter 720, Florida Statutes). Read the article………………………….
Florida’s Condominium and Structural Safety Law – 2022 Legislative Update
After failing to pass legislation during the 2022 regular legislative session in response to the Champlain Tower tragedy, Florida’s legislature used an emergency legislative session intended to address Florida’s insurance crisis to pass building safety legislation for condominiums and cooperatives. House Bill 5D passed the Senate 38-0, and the House 110-0. Governor DeSantis signed the […]
Residents told to evacuate for 3 days after fire in mechanical room of Hallandale Beach condo (FL)
The Hemispheres Condominium has ordered their residents to evacuate the buildings for the next three days. There are four buildings that have been impacted and a heavy presence of Hallandale Beach Police officers surrounding the area, Friday afternoon. Read the entire article……………………………….
How Florida’s New Legislative Changes and Building Safety Regulations Effect Condominium and Cooperative Associations
During the recent 2022 Special Session, the Florida Legislature enacted key legislation that significantly impacts community association operations throughout the state, affecting millions of condominium and co-op owners. It is critical that condo and co-op associations, management and the board of directors which govern them, review these changes and take the necessary steps to achieve […]
Florida HOAs and Rooftop Solar: Some Restrictions Apply (FL)
Given Florida’s nickname as the Sunshine State, it is only fitting that solar energy would be the state’s most popular and effective source of renewable energy. In fact, according to the U.S. Energy Information Administration, renewable energy fueled approximately five percent of Florida’s in-state electricity generation in 2020, and almost two-thirds of that came from […]
New Statutory Requirements for Condominium Inspections Following the Collapse of Champlain Towers South in Florida
Heightened statutory inspection and maintenance requirements in high-rise condominium buildings emphasize the critical importance of similar inspection and maintenance regimens for similarly situated properties. Read the entire article……………………………….
Mandatory Building Inspections — Part 2 (FL)
So last week we discussed the fact that the change in the law will now require every condominium building in the state that is 3 stories or higher and at least 30 years old (25 years old if within 3 miles of the coast) to undergo a Phase One inspection, every 10 years, by a […]
Florida Enacts Major New Reforms for Condominiums and Cooperatives in Response to Champlain Towers South Collapse
On May 26, 2022, Florida Governor DeSantis signed Senate Bill 4 into law, imposing substantial new structural safety and reserve requirements on Florida condominiums and cooperative associations. The law is effective immediately and is intended to prevent further disasters like the Champlain Towers South collapse in Surfside, Florida. The new requirements include: Read the entire article……………………………….
What Does the Building Safety Act for Condominium and Cooperative Associations Mean for My Association? (FL)
On May 26, 2022, Florida Governor Ron DeSantis signed the Building Safety Act for Condominium and Cooperative Associations (“Building Safety Act”) into law. The Building Safety Act brings sweeping changes to Florida’s condominium and cooperative association laws, particularly regarding building inspections and reserves. Read the entire article……………………………….
Who Repairs the Incidental Damages Caused by the Association? (FL)
Imagine: the association has just informed you it is set to begin a massive concrete restoration project. As part of the project, the contractor will need access to the rebar beneath the concrete slab connected to (or in legalese, “appurtenant to”) your unit’s balcony. To access the balcony slab, the contractor will have to remove […]
Can your association pay all its bills during the 2022 inflation storm? (FL)
Most condos and homeowners’ associations prepared their 2022 budgets in the fall of 2021. At that time, the expectation was for 3-4% inflation in 2022. Unfortunately, we are now dealing with CPI inflation of 8.6% in 2022 and real inflation in South Florida feels even higher. Even if you included 5% contingency in your budget, […]
Community Association Liable for Negligently Installed and Maintained Bollard (FL)
In one recent appellate court case, J.L. Property Owners Association, Inc. v. Schnurr, 2022 WL 39421 (Fla. 4th DCA, January 5, 2022), a developer was found not liable for injuries sustained by a bicyclist who collided with bollards installed by the developer on an association’s common area promenade. Read the entire article……………………………….
The New Cond Laws—-Mandatory Inspections—Part One (FL)
If a community association manager or a community association management firm has a contract with a community association that has a building on the association’s property that is subject to s. 553.899, (the Mandatory Inspections statute) the community association manager or the community association management firm must comply with that section as directed by the […]
Rising Sea Levels Mean a Greater Likelihood of Flooding (FL)
It’s no doubt that global sea levels have been rising over the past century, and the rate has increased in recent decades. The Ocean Service estimates that in most areas, the rise is about one-eighth inch annually – a rate that barely noticeable from year to year, even for long-term coastal communities. Read the entire […]
Can We Give Them the boot? A Community Association’s Guide To Towing and Booting in Dade, Broward and Palm Beach Counties
Parking is one of the most common “hot topics” that community associations face, particularly with those communities that were built with insufficient parking facilities. Parking problems range from unauthorized vehicles to non-conforming vehicles and/or vehicles parked in prohibited areas. As an alternative to towing, many Associations are considering immobilization, also known as boot or booting, […]
How to Avoid HOA Fraud? Fla. Attorney Explains
Many community associations leveling fraud charges had a single person receiving and paying bills. To stay safe, a system of checks-and-balances should be a fundamental part of day-to-day operations Read the entire article……………………………….
Condominium Boards and Ethics: The Top 5 Reasons Your Association Needs a Code of Conduct
All members of a condominium association board have legal duties. These duties include a fiduciary duty of care and a duty of loyalty to act in the association’s best interests. Read the entire article……………………………….
The Special Legislative Session Brings Some Major Changes For Florida Condominiums and Cooperatives
In a swift move during a Special Session, the Florida Legislature introduced and then unanimously passed legislation to reform Florida’s Condominium and Cooperative Acts (the “Acts”). Governor DeSantis convened the Special Session for an entirely different purpose – to address the growing property and casualty insurance crisis in Florida. Lawmakers, Read the entire […]
Competitive Bid Requirements for Florida Condominium Associations (FL)
Many Florida condominiums are responding to new inspection and structural-integrity requirements from lenders and insurers by planning for projects to bolster and repair their aging towers. For such major construction projects, competitive bids are literally a must, as they are mandated by Florida law. However, for very small associations as well as for some other […]
The age of a CommunityAssociation opting not to fund reserves is coming to an end (FL)
After the Surfside tragedy, everyone wanted to know how such a tragedy could happen and what steps could be taken to avoid similar incidents in the future. What caused the collapse? Could it have been avoided? Why were repairs not made? Why did local governments allow repairs to drag on? Why were repairs not made […]
Special Session 2022D – Condominium Safety Update (FL)
As Florida Legislators conclude their third Special Session of the year, new laws regarding two paramount issues in the state of Florida—property insurance and condominium safety—are set to be forwarded to the governor for approval. Read the entire article……………………………….
Best Practices for the Use of Video Cameras (FL)
If an association undertakes the use of video cameras for its community, it should consider the following issues and measures: Read the entire article……………………………….