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)
Condo Board is Required to Enforce the Rules (FL)
Florida’s condominiums are governed by both Florida’s Condominium Act and their own Declaration of Condominium and rules. The Act’s requirements must be followed by all condominiums. Each condominium is governed by separate rules and regulations unique to that condominium. Read the entire article……………………………….
Legislative Changes Opens the Door to New Options for Resolving ‘Disputes’ In Condominium and Cooperative Associations (FL)
Earlier this year, the Florida legislature passed changes to Florida’s Condominium Act (Chapter 718) the Cooperative Act (Chapter 719), and the Homeowners Association Act (Chapter 720), Florida Statute. These amendments went into effect on July 1, 2021 and opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit […]
Drawing a Line in the Sand’ by Reviving Previously Unenforced Restrictions (FL)
The previous boards failed to enforce the parking restrictions in the community, and now parking has become a nightmare. The new board would like to remedy the solution, but can the board begin to enforce a restriction that has not been enforced in the past? Read the entire article……………………………….
Community Association Statutory Pre-suit Alternative Dispute Resolution Requirements (FL)
The question has been presented time after time, are we really required to participate in either a nonbinding arbitration or mediation prior to filing a lawsuit? The answer is not as simple as it seems. Read the entire article……………………………….
What Can a Homeowners’ Association Do to Keep Holiday Decorations from Staying Up All Year?
The holiday season is a time of celebration. Homeowners often take part in the celebration by decorating their homes with a variety of decorations and lights to suit the season. However, these holiday decorations are often left out long after the season ends. This article will provide an overview of what a homeowners association can […]
5 Things to Keep in Mind When Negotiating a Construction Contract
Before beginning a construction project, it’s imperative to craft an ironclad contract that protects all parties. Some things to keep in mind when negotiating a construction contract are: Read the entire article……………………………….
Fraud, Mismanagement, And Broken Rules – Who Do You Call? (FL)
In most instances, the board or management team of a condo or HOA is equipped to handle the wide variety of issues that arise day-to-day, from a leaky roof to dealing with municipal bureaucracy. There are other, bigger issues—things like embezzlement and fraud, for example—that require experienced outside professionals to resolve. Read the entire article……………………………….
New Fannie Mae Condo Safety Loan Requirements Are Early Indicator of Changes to Come
The first major national condominium safety reform after the horrific tragedy of the collapse of the Champlain Towers South in Surfside, Fla., was announced in October when federal mortgage lender Fannie Mae said it will no longer back loans on units in residential buildings showing signs of structural deficiencies and deferred maintenance. Read the entire article……………………………….
Lawyer Up
Some boards only engage legal counsel when a situation has become dire. Others are overly cautious and call the attorney at the drop of a hat, but unusually high legal bills often lead to membership scrutiny. Read the entire article……………………………….
Can a Condominium Association Evict a Tenant? (FL)
Generally speaking, if an association’s recorded governing documents do not contain the authority to evict a tenant within the condominium, then the association probably does not have the power to do so, unless there is a separate written agreement delegating that authority from the unit owner/landlord. Read the entire article……………………………….
What are Deed Restrictions and When are They Enforceable (FL)
As a real estate attorney, I’m often approached by clients purchasing a new property that are concerned with deed restrictions. They first want to know what deed restrictions (also known as covenants and restrictions) are, and second, they want to know whether such deed restrictions can be circumvented. Read the entire article……………………………….
FAQ: Construction Defects and Florida Statute 558
Florida’s construction industry has been one of the biggest beneficiaries of the COVID-19 pandemic. Whether it is newly constructed homes or renovations to existing homes, the construction industry has weathered the need for residential construction with surprising strength. However, the boom of new construction projects has accompanied an uptick in litigation concerning construction problems, such […]
City’s Approval of High-Rise Next to Surfside Condo Under Scrutiny (FL)
The role that city officials played in allowing a luxury condominium to be built next door to the now-collapsed Champlain Towers building is under new scrutiny by plaintiffs and investigators. Read the entire article……………………………….
Things You Should Know About Emotional Support Animal Laws in Florida
Florida’s law on service animals is quite clear. It restricts the type of animal that qualifies for specific work with or without training. It has become a trend for the board operating pet-restricted communities to receive more requests for ESAs than they did previously. Read the entire article……………………………….
Fannie Mae’s Temporary Requirements In Response To The Champlain Tower Collapse Will Have A Negative Impact On Condo Sales (FL)
In the wake of the tragic collapse of the Champlain South Tower in Surfside, Florida, Fannie Mae has announced that it will no longer back mortgages of people trying to buy condominium and/or co-op units in certain buildings with aging infrastructure and significant deferred maintenance. On October 13, 2021, Fannie Mae issued Temporary Requirements for […]
Turnover From Developer Control (FL)
Anxieties amongst homeowners can run high at learning that their homeowners or condominium association will soon be going through turnover from developer-control. What is turnover, and what are its consequences?
Security Tips for Managing the Association’s Bank Accounts Online (FL)
Increasing numbers of people and small businesses, including community associations, have switched to managing their bank accounts exclusively over the internet. Not surprisingly, these numbers surged even higher during the pandemic. While online banking has become common place, so have incidents of cybercrime and fraud. Banks of course use a variety of security measures to […]
Maintaining Asphalt, Concrete and Pavers (FL)
Last week we discussed how heat and water damage asphalt. This week let’s discuss how to maintain the asphalt and concrete surfaces. Read the entire article……………………………….
What Condominium Associations Need To Know About The Life Safety Task Force Recommendations (FL)
In light of the recent tragedy at Surfside, the Condominium Law and Policy on Life Safety Issues Advisory Task Force was formed to provide detailed recommendations to Governor Ron DeSantis and other lawmakers in an effort to prevent similar tragedies and to prioritize the health and safety of condominium association residents. Read the entire article……………………………….
High-Rise Condo Safety Reform Recommendations Appear, But Most Florida Municipalities Awaiting Statewide Changes
Five months after the tragic collapse of the Champlain Towers South condominium in Surfside, Fla., several major organizations have developed a number of high-rise condo safety reforms and recommendations. However, most Florida counties and municipalities appear to be holding off in expectation of statewide changes to legislation during the next legislative session that starts in […]
Condominium Association Denies Transfer of Ownership of Unit to Widow, Forces Sale to New Buyer (FL)
Yet another highly questionable decision by a Florida condominium association has made local TV news. The latest condo dispute to make the local evening news involves a New Smyrna Beach, Fla., owner who was denied the transfer of another unit at the same property from her late husband to her after his passing. According to […]
Maintaining Roads, Driveways and Parking Decks (FL)
The intense Florida heat poses serious safety hazards and if not maintained properly, damages can progress to large cracks and potholes, neither of which you want in your parking lot, on your roads, or parking decks. Read the entire article……………………………….
When the President Thinks They’re King (FL)
So all this talk about the Presidency lately has got me thinking about an issue that comes up every week in my practice for the past 30 years or so. I get a call from someone on a Board of Directors. And they tell me that they have a President on the Board who is […]
Association Responses to Requests for Information Regarding Condominium Structural Integrity (FL)
In the wake of the devastating collapse of the Champlain Towers South Condominium in Surfside, Florida, many current owners and potential purchasers of condominium units are, understandably, requesting information from associations regarding the structural soundness of the condominium property. Although associations generally do not, and are not required to, release their official records to potential […]
Don’t Want Your Association to Be the Next Rental Community? Then You Better Read This (FL)
Many community associations throughout Florida struggle to deal with the increase in overnight and short-term rentals caused by the proliferation of online websites such as VRBO and Airbnb. As such, many communities fear being turned into “rental communities,” especially with so many large corporations buying homes in the South Florida area for the express purpose […]
Florida Condo Associations Can Now Choose Pre-Suit Mediations for Certain Disputes, But Should They?
Florida’s condominium laws were amended earlier this year to require that new association bylaws provide for alternative dispute resolution including mediation and arbitration, for many types of disputes. Read the entire article……………………………….
Think Rules and Regulations Do Not Need To Be Recorded? Think Again!! (FL)
Many Floridians live within a community operated by an association of some kind, be it a community of single-family homes under the jurisdiction of a homeowner’s or property owner’s association, or a condominium building maintained by a condominium association. Read the entire article……………………………….