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……………………………….
The Worst Storm Is the Storm You Didn’t Prepare For (FL)
With hurricane season quickly approaching, it is important that you prepare for the worst (and hope for the best)! Hurricane season is June 1 through November 30. This article will provide tips to help prepare your 2022 hurricane preparedness guide, as well as provide actions that you can take before a hurricane makes landfall. The […]
Can You Repeat That? Is Your Condominium in Compliance? (FL)
It is essential for condominium associations to ensure that their buildings are in compliance with the requirements of the Florida Fire Prevention Code (the “Fire Code”). Read the entire article……………………………….
Tips to Consider in Preparing Your Community Association for a Fiber Network: The Present & the Future of the Internet and TV (FL)
The Present: These days, we are driven and focused on data and media consumption. The fiber optic technology continues to strengthen and the need for gigabit speeds becomes more and more evident. It is important to engage with a telecommunication service provider that specializes in community associations offering bulk discounted rates Read the entire article……………………………….
Can My Association Fundraise With a 50/50 Raffle? (FL)
Is your association breaking the law? 50/50 raffles are fundraisers commonly hosted by community associations. These raffles are often very successful and generate significant engagement as half the proceeds go to the raffle winner. However, if your association is hosting a 50/50 raffle, the association is most likely breaking the law. This blog will provide […]
Florida Legislature Passes Comprehensive Condo Safety Legislation
The Florida legislature unanimously passed comprehensive and meaningful condominium safety measures to support the 9 million Floridians living and working in community associations. Read the entire article……………………………….
Bill passed by Florida legislature and signed – Condo safety legislation
This was the bill passed in the Florida Legislature (May 25, 2022) that came about because of the condominium collapse in Surfside, Florida. This is a PDF of the entire bill. The changes are underlined. Read the PDF………………………………..
Assessments Past Due? What Should You Do Before Sending to Your Attorney for Collection Action? (FL)
Reviewing the association’s financials on a regular basis is one of the cornerstones of managing an association and fulfilling one’s duty as a board member. Ideally you will not have any delinquent accounts to address, but in the real world, there are usually a few owners who have failed to pay their assessments. Read the […]
Tips for Pool Season
Although it’s pool season year round in South Florida, it’s also helpful to follow these tips as the weather heats up and we see an influx of more residents and guests. The following tips will guide you when keeping your pool area safe. Read the entire article……………………………….
Impact of 2022 Legislative Summary on Community Associations
The 2022 session of the Florida Legislature was statistically slightly above average with 1700 bills considered in its 60-day session. A total of 238 bills were passed by both houses and will be presented to the governor for his signature. Thirty bills were filed that could have impacted community associations. For residents of condominiums, the […]
Associations Assignment Authority to Management Agent Confirmed (FL)
In Seaside Town Council v. Seaside Community Development Corp, 1D19-755 (Fla. 1st DCA 2021), Florida’s First District Court of Appeal (“DCA”) reversed the trial court’s judgment in favor of Seaside Community Development Corp. (“Developer”) holding that Seaside Town Council (“STC”), as the management agent with assignment of enforcement right by the associations, had standing to […]
Condo Boards Can Make Mistakes (FL)
Condominium living has a lot of benefits. Many condominiums have socials and other activities. Associations manage amenities that might not be available in a single-family home. Someone else takes care of painting, mowing, pool maintenance and the unit owner only has to worry about the inside of the owner’s unit. Read the entire article……………………………….
Homeowners Associations and the Marketable Record Title Act (“MRTA”) (FL)
Chapter 712, Florida Statutes, the Marketable Record Title Act (“MRTA”), presents a mortal risk to Florida homeowners association, potentially rendering them unable to levy and collect assessments or otherwise enforce their governing documents. Read the entire article……………………………….
Community Associations Can Sink or Swim Based on Their Rules and Regulations Related to Children and Swim Diapers
In January 2022 a Florida couple, Jack and Simone Yeager, who own a home in a Boynton Beach country club, in conjunction with their adult son, David Yeager, and his wife, Nicole Fisher, filed a lawsuit against a South Florida property owners association for allegedly discriminating against them based upon familial status. Read the entire […]
Significant Changes in Mortgage Underwriting Immediately Impacts Florida Condominiums
As a result of the Champlain Towers South collapse, Fannie Mae and Freddie Mac have imposed new requirements for mortgages obtained for condominiums and cooperative residential units. These requirements will make it harder for existing and new condominium unit owners to obtain mortgages. Read the entire article……………………………….
Board Member to Board Member Emails—Are They Official Records? Division of Condominiums Muddies The Waters (FL)
In January 6, 2022, the Department of Business and Professional Regulation (DBPR), through the Division of Florida Condominiums, Timeshares, and Mobile Homes (Division), entered a Final Order Granting Petition for Declaratory Statement in the matter of In re: Petition for Declaratory Statement, James Hanseman, Petitioner (the Hanesman Declaratory Statement). Read the entire article……………………………….
The Pooled And Component Methods Of Reserve Funding For Community Associations (FL)
Florida law requires reserve funding for certain community association common elements. Condominium associations are required to fund reserve accounts for roof replacement, building painting, pavement resurfacing and any other item that has a maintenance expense or replacement cost exceeding $10,000. Fla. Stat. § 718.112(2)(f). Homeowners’ associations are required to fund reserve accounts for any item […]
Community Association Meeting Basics (FL)
This is a first in a series of articles on community association meetings. In this first article, we address the basics of community association meetings – why they are necessary and the basic components of a meeting. Future articles in this series will go into more detail on each of the meeting components, how a […]
Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement
Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents. Where the terms of a covenant are unambiguous, courts will enforce such restrictions. However, it is not uncommon for an owner who has violated the covenants to scramble for defenses to try to justify his or her […]
Reserve Funding for Condo Associations: Options and Best Practices (FL)
Millions of Florida residents live in condominium units, be they stand-alone villas or penthouse units in a 30-story building. Irrespective, Florida Statutes section 718.112(2)(f) provides a default rule that condominiums must reserve fund balances to repaint, resurface the roads, replace the roof, and perform any deferred maintenance or replacement that costs more than $10,000.
Distinguishing between maintenance responsibility and financial responsibility in the wake of damage to condominium property (FL)
Forgetting to turn on the air conditioner before heading back up north for the summer and coming back to find mold growth. An undetected pipe leak. Forgotten running faucets that spill over onto the floor and beyond. Read the entire article……………………………….
Gated Community Guards Don’t Guarantee Security (FL)
Some people who live in gated communities get a false sense of security that they are “safe” because they live behind the gates and there are “security guards” at the gate. They probably don’t understand that their community is just providing gate guards to control access through the front gate, but they do not guarantee […]
10 HOA Rules that Break the Law (FL)
While homeowners’ associations (HOAs) adopt and enforce rules, they are also subject to rules themselves. In fact, there are numerous rules that govern HOA practices at the local, state and federal levels. When adopting and enforcing rules, HOAs need to be very careful to ensure that they are complying with the law—as failure to do […]
Florida’s Safe Harbor – Calculating Bank Liability for Delinquent Assessments After Foreclosure of Multiple Condominium Units
The real estate market has seen a tremendous influx of large companies purchasing multiple units and lots within an association, and addressing delinquencies that began prior to transfer of title can be complicated. Just as Florida statutes layout the process by which associations can collect unpaid assessments from current owners, it also regulates how outstanding […]
Does the Class Action Fairness Act Allow Appeals of Sua Sponte Remand Orders?
A recent Eleventh Circuit decision on the Class Action Fairness Act (CAFA) caught my eye. It involves the kind of question legislators (and their staffs) probably never think about when drafting a statute. Law professors dream up these types of questions when trying to find a way to puzzle their students on an exam. It’s […]
Defendants in Civil Actions May Assert the Business Judgment Rule Without Pleading an Affirmative Defense (FL)
On February 23, 2022, the Florida Third District Court of Appeal issued its opinion in New Horizons Condominium Master Association, Inc. v. Harding, and held that under Florida law a defendant does not waive the protections afforded by the business judgment rule even if the defendant did not plead the rule as an affirmative defense. […]
Another Stunning Grand Jury Report About Florida Condominiums
I’ll tell you something – I give a lot of credit to Kathy Fernandez Rundle, The State Attorney for Miami-Dade County. She actually prosecutes cases of condo fraud, years ago she assembled a grand jury to make recommendations to the state legislature regarding condo crimes, kickbacks, conflicts of interest and the grand jury’s findings turned […]
Some Condo Boards Refuse New Mortgage Questions
Can the condo world live without mortgage giants Fannie Mae and Freddie Mac and their more affordable financing terms? A fast-developing crisis is hitting condominium association boards and property management companies across the country tasked with filling out Draconian questions required of HOA property management companies. Read the entire article……………………………….
Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected? (FL)
The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others. The privilege covers written and oral […]
“Honey, those neighbors are at it again! Call Code Enforcement!” (FL)
There was a time, not so long ago, when Floridians could easily, and anonymously, report known or suspected violations of local ordinances and regulations to code enforcement. Neighbors could report their concerns about abandoned or unsafe structures, building without permits or by unlicensed contractors, unpermitted uses of property, noise violations, storing inoperable vehicles and junk, […]
Grandfathered Rental Rules for Condos and HOAs? (FL)
For years, new condo rental restrictions applied only to current owners who voted for them, but new HOA restrictions were effective for everyone. That changed last July when HOA owners who rent out units received somewhat similar protections. Read the entire article……………………………….
A Case Study in Ending Speeding in Community Associations
Speeding within communities is a dangerous concern for most HOAs. This is especially true for large communities consisting of long, wide roads that may tempt some drivers to hammer down on the gas pedal. This speeding concern became a critical issue that a large, gated HOA decided to act upon. The Board of Directors felt […]
Will The Association’s Denial Of An Architectural Request Withstand Challenge? Many Won’t—Find Out Why (FL)
For many homeowners associations, a top priority is ensuring that the homes in the community are maintained in conformity with the “community-wide standard.” But, what is this subjective standard? How is compliance measured? What is the process to be judged when a request to the association’s architectural review committee (ARC) is made? Read the entire […]
Homeowner’s Lawsuit Against HOA for Libel, Defamation Illustrates Dangers of Conflicts Getting Personal (FL)
When disagreements and disputes arise amongst those who serve on community association boards of directors, emotions can run high in light of the impactful nature of the decisions made by such directors. However, as association directors are duty bound to act in the best interests of their community and its owners, they should seek to […]
To Insure or Not to Insure? – Determining the Association’s Insurance Obligations in Townhome Communities (FL)
A frequent area of concern and dispute among owners and board members of townhome communities is the scope and extent of the association’s obligation to obtain and maintain insurance over the townhome property and the individual townhome buildings. Read the entire article……………………………….
The Towers and the Ticking Clock
Lengthy NY Times article on Florida condo dollapse. You will need to register, but its free Read the entire article……………………………….
Important Takeaways for Community Associations from TV News Report on Rules Enforcement (FL)
A report that aired in late November on 7News (WSVN-Fox) in South Florida focused on a local renter in a dispute with her condominium association over her motorcycle. While the property’s rules ban motorcycles, the tenant had apparently been explicitly told she would be allowed to keep and park her motorcycle at the property prior […]
The Association’s Responsibility for Wildlife on the Property (FL)
As Floridians, we are familiar with various types of wildlife surrounding our neighborhoods. It’s not uncommon to spot feral cats and ducks while walking the dog, or large iguanas out on the golf course. And let’s not forget about the numerous alligators, as well as coyote and black bear sightings. As new communities develop and […]
Can You Have Rules Dealing With Children? (FL)
In 1988, Congress added “familial status” – defined as including those family groups with children under 18 – to the list of protected groups under the Fair Housing Act. Since that time, condominium and homeowner associations have been discovering that their various rules regulating or prohibiting the use of the association’s facilities by those under […]
Tree Maintenance and the Potential Impact of Section 163.045, Florida Statutes
In general, a community association is responsible for operating and maintaining the common areas of the community (in the case of homeowners’ associations), and the common elements (in the case of condominium associations). If there are trees located on these common areas/elements, the association’s maintenance duties will include trimming and even the removal of trees […]
More on the Installation of Security Cameras (FL)
The installation of a security camera on condominium common elements is considered a material alteration or substantial addition to the common elements. In Sterling Village Condo., Inc. v. Breitenbach, 251 S.2d 685, 687 (Fla. 4th 1971), the court defined “material alteration or addition” as follows: Read the entire article……………………………….
Appellate Decision Upholds a Developer’s Right to Object to an Amendment to the Declaration (FL)
Overview of First Equitable Realty III, Ltd. v. Grandview Palace Condo. Ass’n. A recent decision of the Third District Court of Appeal, First Equitable Realty III, Ltd. v. Grandview Palace Condo. Ass’n, 46 Fla. L. Weekly 2199 (Dist. 3d DCA 2021) determined certain rights a developer has to object to amendments to a condominium association’s […]
A Primer on Special Assessments (FL)
There is an old saying that the two dirtiest words in community associations are “special assessment”. Board meetings at which special assessments will be discussed and imposed are often the only well attended meetings throughout the year in many communities. The reason for this is simple: Tell people they have to pay a special assessment […]
Financial Management and Planning is Key to a Healthy Condominium Association (FL)
We have all heard the old adage, “Don’t judge a book by its cover.” The same is true when it comes to condominium associations—you cannot judge the “health” of a condominium association by its polished marble floors or its breathtaking gulf shore views. The true lifeline of a condominium association comes from successful financial planning, […]
Securing Your Gated Community | Exactly Who Is Allowed In? (FL)
While living in a gated community can add peace of mind for the residents who live behind the gates, there are many important considerations for the association when crafting rules and regulations regarding who may and who may not be permitted to enter the community. Read the entire article……………………………….
Connected Townhomes Administered by Florida HOA’s
For decades after condos were first developed in Florida in the ’60s, developers desiring to build and sell connected townhomes (duplexes, triplexes, quadruplexes, etc) declared the buildings to condominium. Under the condominium regime, typically components of connected townhomes serving more than one unit (structural elements, walls, windows, roofs, and mechanical, electrical, and plumbing elements) were […]
Aging Condo Buildings – Repair or Abandon (FL)
Even if expensive, by statute necessary repairs cannot be avoided for aging condominium buildings. Allowing the buildings to deteriorate could constitute a material alteration for which a unit owner could take issue. Termination is a cumbersome process, but should it be considered for aging condo properties? Does repairing the buildings no longer make economic sense? […]
A New Era of Transparency? (FL)
As a result of the recent tragedy at Surfside, the Condominium Law and Policy on Life Safety Issues Advisory Task Force (the Task Force) was formed to provide detailed recommendations to Florida lawmakers. Read the entire article………………………………. (page scroller is at bottom of PDF)