Condominium and homeowners’ associations frequently install security cameras at various locations throughout the association property. In some instances, the cameras are monitored live, and images are recorded, and in other instances the images are simply recorded and available for retrieval in the event circumstances warrant their review. In most cases, the videos are automatically overwritten at certain intervals.    Read the article…………………………….

In the wake of Hurricane Debbie, Hurricane Helene, and now Hurricane Milton, which have left widespread devastation in southwest Florida, there is no storage shortage of property owners dealing with the aftermath of flooding. As remediation begins, a common question is the FEMA 50% rule. The 50% rule, while always applicable to home improvements or renovations, is also applicable when those repairs or improvements are being made in relation to a natural disaster or other unexpected event.    Read the article…………………………….

We too often here about a child drowning in a body of water. So many of our beautiful communities are built next to a natural lake or contain man-made lakes. It begs the question…..Can a developer face liability if a child drowns in a river or other body of water? That question was answered in Feliciano v. Rivertree Landings Apartments, LLC, 387 So.3d 422 (Fla.App. 2 Dist., 2024) where a Personal representative for a child who drowned in a river that abuted an apartment complex in which she was a resident brought a wrongful death action against the complex owner and management company for the complex, alleging negligence.   Read the article…………………………….

With budget season and the Structural Integrity Reserves Study (SIRS) deadline fast approaching, condominium associations should already be considering how they will implement SIRS-related obligations and the timing in which funding will begin. Condominium associations that haven’t yet obtained their SIRS should already be making arrangements to do so prior to the end of the year. There are various integrated issues to consider relating to SIRS implementation that can dramatically affect the budget for 2025 and beyond.   Read the article…………………………….

If you’re one of those people who finds checking things off a list or making a chart oddly satisfying, then House Bill 1021 (“HB 1021”) is the new legislation for you. As you may have already heard, HB1021 made sweeping changes to the condominium law landscape. Perhaps none of these changes will be felt quite as much as the new procedures required for Official Records Requests.  Read the article…………………………….

Over the last decade, Florida has faced the destructive force of numerous hurricanes and tropical storms. Some of the most notable hurricanes include Hurricane Irma (2017), Hurricane Michael (2018), and Hurricane Ian (2022), each leaving behind billions in property damage and economic losses. These storms have severely impacted condominium, homeowner (HOA) and townhome community associations.   Read the article…………………………….

Each year, an average of ten tropical storms develop over the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico. While many of these storms remain over the ocean, about six will typically strengthen into hurricanes, with two reaching major hurricane status with winds greater than 110 mph. In an average three-year period, roughly five hurricanes strike the U.S. coastline, resulting in the loss of 50 to 100 lives from Texas to Maine.    Read the article…………………………….

Last year, there was a disturbing trend of confrontation – some of which even became violent between condominium owners or homeowners, and their association board members. From our own back yard to across the globe, there were several instances of multi-family housing residents whose disputes were bad enough to make the news.     Read the article…………………………….

Wayside is a small, ten-home, self-managed homeowners’ association located in Seminole County. Pecchia and Porter both respectively own homes within Wayside. As members of the association, Pecchia and Porter were concerned that Wayside was failing to adequately maintain the association’s common elements, and that it also was not enforcing violations of the CCRs against homeowners. As a result, they requested the official association records from Wayside pursuant to section 720.303(5), including insurance policies for the prior two years, and records reflecting maintenance expenditures and upkeep of individual lots and common areas.    Read the article…………………………….

The Florida Realtors have recently provided a new Condo Rider that will be in use starting October 1, 2024. The Condo Rider now reflects recent amendments in the last legislative session to Florida Statute 718, which is the governing statute for Condominiums in Florida. In particular, while many in the real estate community anticipated further revisions to the Condo Rider, the revisions focus primarily on the new definition of “Condominium Property” in the wake of the IconBrickell decision.    Read the article…………………………….

As 2024 approaches its last quarter, Florida condominium and homeowners’ associations must stay on top of important, upcoming deadlines. Compliance with state regulations helps avoid penalties, keeps communities running smoothly, and ensures effective governance. Below are some key deadlines and requirements for condos and HOAs in Florida to consider:   Read the article…………………………….

Becoming familiar with two structural inspection reports that condo associations are required to submit this year can save buyers money or help them avoid making an expensive mistake.  Sellers will need to know what’s in their associations’ Milestone Inspection report and Structural Integrity Reserve Study before closing on a used condo unit as well, and owners who plan to stay in their units can learn what, if any, cost increases they will face for upcoming structural repairs.   Read the article…………………………….

Condo associations are bound by federal and state fair housing laws designed to prevent discrimination and promote equal housing opportunities for all residents. Understanding these laws and implementing non-discriminatory practices is essential for board members and property managers in Florida to maintain compliance and protect residents’ rights.   Read the article…………………………….

Special assessments are a critical tool for condo associations to fund major repairs, improvements, or unexpected expenses not covered by regular dues. Understanding the legal framework and procedural requirements for imposing special assessments in Florida is essential for board members and property managers.    Read the article…………………………….

Condo and HOA board members play a pivotal role in governing community associations, ensuring operational efficiency, and protecting the interests of homeowners. Understanding their legal responsibilities under Florida law is essential to fulfill their duties effectively and avoid potential liability.   Read the article…………………………….

Budgeting is a cornerstone of financial management for condo associations and HOAs in Florida, ensuring sufficient funds for ongoing maintenance, repairs, and community improvements. Adopting best practices in budget preparation and management is essential for board members and property managers to promote financial stability and meet the needs of homeowner  Read the article…………………………….

The deadline for the required building inspections is Dec. 31, 2024. Proponents of the legislation say it’s necessary to prevent another tragedy, since many of these buildings have avoided funding structural repairs for decades. But for the people living in them — many of them retirees or second-home owners — the dream of living in Florida has curdled into a financial nightmare.    Read the article…………………………….

The unauthorized practice of law poses significant legal and financial risks to both community association managers (CAMs), board members, and the communities they serve. The Florida Supreme Court has consistently ruled on the boundaries of lawful conduct for non-lawyers, particularly in the context of community association management. These rulings underscore the importance of distinguishing between permissible administrative tasks and actions that constitute the practice of law, which require the expertise and authorization of a licensed attorney.   Read the article…………………………….

It wasn’t so long ago that Florida’s Department of Business and Professional Regulation (the “DBPR”) had little jurisdiction over the operation of condominium associations after their developer turnover meetings, and, what little jurisdiction the DBPR had over associations after turn over, was often exercised by providing warnings and board member education to associations that were out of compliance with condominium laws.   Read the article…………………………….

At an event in Miami Lakes on Sept. 9, Gov. Ron DeSantis stated that opportunities will exist before the end of the year for the Florida Legislature to pass “reforms and relief” for condominiums. He went on to say that the state’s lawmakers do not have until March or April to act, suggesting that they should be “developing ideas now so these things can be implemented in time to prevent people from being forced out of their homes.”     Read the article…………………………….

Terminating a condominium is a significant decision for any Florida condominium community association. This process has evolved through a series of legislative amendments, aimed at balancing the needs of property owners, condo associations, and public safety.   Read the article…………………………….

Oftentimes, condominium associations amend their documents in an attempt to prevent an owner from owning more than one condominium unit. The question is, can that legally be done?  The case of Tropicana Condominium Ass’n, Inc. v. Tropical Condominium, LLC, 208 So.3d 755, 759 (Fla.App. 3 Dist., 2016) truly lays out many tests that courts must follow.  The court held that The Condominium Act allows a Declaration to establish restrictions on the transfer of units.    Read the article…………………………….

…..an educational webinar with Michael Kassower from Frank Weinberg Black to discuss speeding in HOAs.    Watch the video………………………….

We recently held an educational webinar with Jeffrey Rembaum from Kaye Bender Rembaum to discuss the HOA legal update.   Watch the video………………………….

In Florida, there are numerous strategies associations can utilize to fund reserves, but there are two primary methods of calculating annual reserve funding requirements: the component method (straight line or restricted reserves) and the cash flow method (pooled reserves). Funding using the component method was legally required in Florida for decades, meaning reserves were only able to be used for their “authorized purpose” unless approved in advance by the members of the association. Since the administrative code was adjusted in 2002, many associations have adopted the cash flow method, or pooled reserves. So, what are the component and cash flow methods, why would an association choose cash flow, and how do they make the switch?   Read the article…………………………….

An HOA newsletter is more than just a communication tool; it is a vital link between the board and residents, fostering community spirit and keeping everyone informed on upcoming events and critical deadlines. To ensure your HOA newsletter is successful, follow these tips      Read the article…………………………….

The first step in crafting an effective annual calendar is to identify key dates and events that are essential to your condo association. Compiling recurring and non-recurring activities such as board meetings, maintenance schedules, annual inspections, social gatherings, and holiday celebrations requires time.    Read the article…………………………….

Homeowner’s association (HOA) elections are one of the most important processes within your community to ensure effective governance and representation…….Preparation is the foundation of a smooth and successful HOA election. While there can always be unforeseen circumstances, reviewing the association’s by-laws and governing documents can give you a clear understanding of the HOA’s election procedures, eligibility criteria, and timelines.   Read the article…………………………….

Conducting a feedback survey is an invaluable tool for homeowners associations to gauge resident satisfaction, identify issues, and improve community management…..The success of a feedback survey begins with thorough planning. Start by defining the survey’s objectives by asking yourself what specific information you are seeking. Some common objectives include assessing member satisfaction, gathering opinions on new policies, or identifying areas for improvement.     Read the article…………………………….

Effective communication between homeowner’s association (HOA) boards and residents fosters a collaborative community. Clear and open dialogue helps address concerns, share information, and build trust. As a leading Wesley Chapel association management company, we have seen firsthand how implementing the following five steps enhances the communication between your HOA board and residents.    Read the article…………………………….

While those of you who live in condominiums that were not well maintained and did not put away money in reserves may find it hard to believe, but the 98 victims of The Champlain Towers made Florida condominiums a better place to live. They have made them safer and more financially secure. Sure, there is going to be a lengthy period of adjustment, but it is not actually an adjustment, it is a correction. This needed to be done a long time ago.    Read the article…………………………….

Last week I made it clear that Floridians better understand that if they cannot afford the mandatory wave of special assessments that are coming for inspections, repairs and reserves they better put their condo up for sale, and fast, before a foreclosure is ultimately filed against them for failing to pay the association. It doesn’t take a fortune teller to know what’s coming to our state, foreclosures and potentially tens of thousands of them.     Read the article…………………………….

Homeowners associations are now no longer allowed to restrict owners from parking their personal vehicles on their properties, including pickup trucks in plain sight on their front driveways. Specifically, the new statute states HOAs are prohibited from preventing property owners, tenants, guests or invitees from parking personal vehicles, including pickup trucks, in their driveways or other areas where they have a right to park. It also specifically states that this applies regardless of what is stated in an HOA’s declaration of covenants, articles of incorporation, or bylaws.   Read the article…………………………….

An estoppel is a document that requires one party to a lease to provide the other party with a signed document that certifies specific facts to the requesting party. Once provided, the party that certified the information is “estopped” from later saying something different or challenging the facts stated in the estoppel document. Estoppel clauses are not some of the flashiest clauses in any lease, but they are important ones that should not be ignored.   Read the article…………………………….

Owning a condo has its perks—shared amenities like a sparkling pool, well-kept landscaping, and maybe even a gym, all without lifting a finger. But have you ever stopped to think about how all those maintenance tasks get paid for? Let’s dive into how your condo association manages these costs, keeping everything running smoothly behind the scenes.  Read the article…………………………….

This past July, HB1203 went into effect. This new bill impacts HOAs in Broward County, Palm Beach County, and all other counties in Florida. It provides sweeping reforms for how HOAs manage their communities and new requirements that HOA boards of directors and community managers must follow.    Read the article…………………………….

In this interesting dispute, the Second District Court of Appeal took the unusual step of granting a motion for rehearing but maintained its prior decision that affirmed the trial court’s decision in favor of Laguna Riviera in a subrogation dispute. In doing so, the court certified conflict with the Fourth District Court of Appeal’s decision in Universal Property & Casualty Insurance Co. v. Grove Isle at Vero Beach Condominium Ass’n.     Read the article…………………………….

In March, Florida’s Third District Court of Appeal issued a pivotal ruling that could significantly impact land developers aiming to acquire entire condominium buildings. The ruling challenges a long-standing practice in Florida, where developers would acquire enough units to gain control of the condo board, enabling them to amend rules and limit a condominium association’s ability to modify its governing documents, particularly regarding the termination of the condominium form of ownership.   Read the article…………………………….

The purpose of this article is to address the following: 1) Homeowners’ and condominium association board member certification requirements, certificate retention and continuing education requirements (all of which are quite different); 2) Condominium association and homeowners’ association hurricane protection requirements; 3) Clarify homeowners’ association website posting requirements and remind homeowners’ association board members of mandates from the 2024 legislation. Read the article…………………………….

Navigating the complex world of condominium and homeowners associations (HOAs) can be challenging for residents, board members and property managers. One of the critical aspects of managing these associations effectively is understanding the hierarchy of governing documents and how to resolve potential conflicting language.   Read the article…………………………….

The Federal Corporate Transparency Act (CTA) took effect on January 1, 2024. While the new requirement has undergone various challenges and legal cases, it remains in effect. Entities required to comply with the CTA’s disclosure filing should continue to do so. As we have advised previously, the CTA mandates qualifying entities to submit Beneficial Ownership Information (BOI) Reports to the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN).    Read the article…………………………….

On July 1, 2024, CS/CS/HB 1203 became effective, which created significant changes impacting homeowners’ associations (“HOA”) in Florida. Those changes include new educational requirements for community association managers and HOA directors, access to certain HOA records, prohibitions against a HOA limiting or placing requirements on the interior of a home, and prohibitions against a HOA from preventing a homeowner from installing or displaying a vegetable garden.  Read the article…………………………….

Among all the changes, one new law particularly stands out: As of July 1, homeowners association governing documents may not preclude a property owner or their tenant, guest or invitee from parking their personal vehicles in the owner’s driveway or in any other area in which they have a right to park as governed by state, county and municipal regulations.   Read the article…………………………….

As another hurricane season sweeps across Florida, Condominium Associations (COAs), Homeowners Associations (HOAs) and their residents brace for potential storms. With predictions for a particularly intense season, preparation is paramount. From understanding your insurance policy to knowing the critical steps to take before and after a hurricane, being prepared can make a significant difference in handling damage claims as a board navigates their fiduciary duties.    Read the article…………………………….

In an era where collaboration is crucial, how board meetings are executed plays a pivotal role in the community’s overall harmony and productivity. Drawing from Campbell’s top property managers, who average 12 years’ experience in property management, we have put together nine steps to an effective board meeting. This comprehensive list can be used to enhance your board meeting experience.     Read the article…………………………….

On July 1, 2024, HB 59 became effective. This bill created new requirements for Homeowners’ Associations (“HOA”) to provide copies of certain records to members of the HOA, including the HOA’s declaration of covenants, amendments to the declaration of covenants, and the HOA rules. HOAs, as well as Community Association Managers, must ensure that they are aware of these new changes, and ensure that they are in compliance.  Read the article…………………………….

Living in a homeowners’ association (HOA) or condo association in Florida comes with financial responsibilities, including regular fees and assessments. Understanding these financial aspects is crucial for homeowners to effectively manage their finances within the association. In this blog post, we will delve into the intricacies of HOA fees and assessments in Florida, providing you with valuable insights on budgeting and financial planning.   Read the article…………………………….

Homeowners’ association (HOA) and condo association meetings play a vital role in the decision-making and governance of the community. Active participation in these meetings is essential for homeowners to stay informed, voice their concerns, and contribute to the betterment of the association. In this blog post, we will provide a comprehensive guide to understanding HOA and condo association meetings in Florida, empowering homeowners to engage effectively in their community.   Read the article…………………………….

Living in a homeowners’ association (HOA) or condo association in Florida entails abiding by rules and regulations established by the association. These guidelines, often outlined in Covenants, Conditions, and Restrictions (CC&R), play a vital role in maintaining community harmony and preserving property values. In this blog post, we will explore the importance of understanding and complying with rules, regulations, and CC&R in HOA and condo associations in Florida.   Read the article…………………………….

Some communities inevitably have a bully who attends board meetings to push their agenda, belittle other members’ proposals, or even make others uncomfortable with their aggressive behavior. Sometimes, it may be a homeowner; other times, it may be a fellow board member. So, what can you do to peacefully and proactively handle the neighborhood bully so the rest of the community can feel at ease and have their voices heard?  Read the article…………………………….

Although it can be hard to predict when and where an emergency might happen, it doesn’t mean you can’t prepare for a crisis that may impact your community. By establishing a clear plan for disaster management ahead of time, you can help mitigate the effects of an emergency on your community and ensure that the situation is dealt with smoothly and efficiently.   Read the article…………………………….

With social media’s growing use and unique ability to bring people together, most businesses, including HOAs, are using various social platforms to foster community. As an HOA, your board should explore using social media platforms to encourage communication, establish neighborly connections, and strengthen the sense of community.   Read the article…………………………….

As with any other organization, homeowners associations are vulnerable to legal action. More often than not, the community members challenge the association. HOAs must familiarize themselves with the most common homeowners association lawsuits to better prepare for any possibilities.  Most HOAs have faced some form of legal action from homeowners or vendors. While some lawsuits are frivolous, others are serious.   Read the article…………………………….

Maintaining harmony within your community can be difficult during the best of times. But when election season rolls around, things can get especially tricky. With high emotions and a wide variety of opinions among homeowners in your neighborhood, keeping things peaceful can feel like a true challenge.   Read the article…………………………….

Condominium deconversion, a term often discussed in commercial real estate circles, refers to the process of converting a condominium back into individual units or a single-family home. This is a hot topic because condominium stock built in the 1970s and older requires updates, modernization, and capital improvements, and owners will continue to spend money on units that may not be appreciated as they have in the past.    Read the article…………………………….

As members of our HOA community, we may sometimes feel that rules and regulations are unfair or fees are too high. Our board may need more support when it comes to governing the HOA. Increasing HOA transparency can help everyone work together and operate more effectively, bringing numerous benefits.    Read the article…………………………….

Living in a community with a homeowners association is more than just property management. It’s about being part of a collective effort to maintain and enhance our shared living space. The HOA takes care of property maintenance, prioritizes safety, and can help elevate your property’s value over time. But your HOA sometimes makes it challenging to be heard or seen.   Read the article…………………………….

Managin?g a condomin?ium association in Florida ca?n be challenging, as ?the?re are intrica?te regulations to n?avigate. The Florida Department of Business and Professional Regulation (DBPR) is central to this regulatory framework.It? ensures that cond?ominium associations and boards comply with state laws and offer crucial resources for effective management. Dive in to learn about the DBPR?, understand? the ?Florida Condomi?nium Act, and access resources to help your asso?ciation operate smoothly and legally.   Read the article…………………………….

We’re not going to start this blog by reminding everyone of the Surfside Condo collapse in 2021, the legislature’s statutory changes to improve condo safety, or the anticipated effects resulting from those new laws. One of the things that we expected to happen was a substantial increase in condominium special assessments as condominium associations went through the process of having studies done to evaluate the physical condition of structures and began to comply with new rules regarding the maintenance of reserve accounts.    Read the article…………………………….

The pre-primary debates have already commenced. The caucuses and primaries will be starting in Iowa and New Hampshire just after the new year. A few short months later, Florida voters will descend on the polls to select the candidates for their parties. Florida is a politically divided state and the animosity between parties remains as high as it was in 2020, potentially pitting neighbor against neighbor. This places HOA leadership in a quandary: should an HOA allow its homeowners to display political signs on their property?   Read the article…………………………….

To help prevent another tragedy like the Champlain Towers collapse in 2021, Governor DeSantis signed Senate Bill 4D into law, which requires that all condo buildings taller than three stories and 30 years or older complete a structural reserve study every ten years. Buildings within three miles of the coast must complete their first reserve study at 25 years old. The first study must be complete by end of 2024. The reserve study requires that an engineer or an architect review eight of the building’s key systems to determine their structural integrity and when they will need to be replaced.    Read the article…………………………….

Florida’s milestone inspections law, passed in the wake of the Champlain Towers collapse in 2021, goes into effect this year. The law requires that all buildings that are three stories high or taller conduct an inspection when the building turns 30 years old and conduct a reinspection every 10 years thereafter for recertification.   Read the article…………………………….

Most dogs are friendly and lovable pets. Sometimes, though, they bite and seriously injure someone. In fact, more than 4.5 million people are bit by dogs each year in the United States and almost 20% of them need medical care from the bite. What happens if a dog bites someone in a common area of your HOA? Is the HOA at-fault for this?   Read the article…………………………….

Most homeowner’s associations are built on the backs of a number of volunteers. These people do everything from running the board to keeping the books to making special events happen and more. Without them, the association wouldn’t be able to do much of anything at all!    Read the article…………………………….

Most of the time, sticking to an HOA budget isn’t difficult. After all, most associations face generally the same expenses every year and they have ample notice when prices are rising or something else is going to change with how they spend their money.  Sometimes, though, emergencies come up. If this is happening to you and it’s not something covered by insurance, there are a few things you can do to cover the difference.    Read the article…………………………….

Sometimes, the stars align and everyone agrees about who should pay for what in an HOA. More frequently, though, people disagree about whose finances should cover what. This is particularly true when homeowners think that the HOA should cover a cost and the HOA thinks that the homeowner should cover it.  Read the article…………………………….

Great Lakes Insurance SE v. Concourse Plaza A Condominium Ass’n, 22-13141, 11th Cir., Apr. 15, 2024  In this unpublished opinion, the Eleventh Circuit was presented with the issue of whether Florida Statute § 627.70132 required the insured’s notice of a supplemental claim to its insurance carrier include an estimate of damages.   Read the article…………………………….

Whether your association is a condominium, a cooperative, or a homeowners’ association, chances are that, at one point or another, it has had to deal with a resident who just can’t seem to abide by your governing documents. We all have had that one neighbor who insists on blaring music at odd hours of the night, but what can your association do about it?   Read the article…………………………….

The legal landscape for condominium law continues to evolve. On August 5, 2024, Miami-Dade Circuit Court Judge Thomas J. Rebull issued an illuminating order in the long-running Carillon litigation. Moreover, on October 1, 2024, a key deadline in HB 1021 (passed earlier this year) will kick in. Let us discuss both of these events in turn.    Read the article…………………………….

The purpose of this article is to address the following:  Homeowners’ and condominium association board member certification requirements, certificate retention and continuing education requirements (all of which are quite different); Condominium association and homeowners’ association hurricane protection requirements;  Clarify homeowners’ association website posting requirements and remind homeowners’ association board members of mandates from the 2024 legislation.   Read the article…………………………….

If you are unhappy with your homeowners’ association (HOA), you may wonder if you can take legal action against them. The answer is yes, you can sue your HOA under certain circumstances. In this blog, we explore common reasons for suing an HOA and what you need to know before taking this step.   Read the article…………………………….

Wow! How quickly things change. We’ve spoken about on the Condo Craze and HOAs show about a recent Miami case involving the Biscayne 21 Condominium, where its’ declaration of condominium stated that the condominium can only be terminated with a 100% vote of the owners. However, the declaration could be amended by a vote of 80%. The developer obtained 80% of the units and then changed the declaration to now allow termination with a vote of only 80% of the owners instead of 100%.  Read the article…………………………….

……..we wanted to provide a friendly reminder to all homeowners’ associations of impending deadlines relative to the new amendments to Florida Statute pursuant to House Bill 59 and House Bill 1203. Specifically: (i) effective immediately, all homeowners associations are required to adopt written rules governing the method or policy governing the retention of official records;     Read the article…………………………….

It’s likely that most property owners reading this have been through more than one hurricane season in Florida. Therefore, much of the information in Becker’s Hurricane Preparedness and Recovery Guide is probably not altogether new to them. However, the 2024 legislative session was particularly active and resulted in several new laws affecting community associations.    Read the article…………………………….

Architectural restrictions are one of the many reasons people purchase homes governed by homeowners’ association as they serve to preserve an aesthetic quality to the community and the value of the homes in the community. However, architectural restrictions are also historically a great source of contention between the Board or architectural review committee and the owners.   Read the article…………………………….

Prior to July 1, 2024, only associations operating condominiums with 150 or more units were required to have a website. However, Florida lawmakers expanded this mandate through House Bill 1021, which was signed by Governor DeSantis and became effective July 1, 2024, to include any association operating a condominium with 25 or more units. The deadline for compliance with this requirement is January 1, 2026.   Read the article…………………………….

Clients frequently ask how to amend their governing documents, and how to make the amendment process easier. There is one preliminary step I recommend, to help an association successfully amend their governing documents. First, I recommend a board look to the amendment provisions in the governing documents. Your declaration of condominium or declaration of covenants, conditions and restrictions should have its own amendment provision, as should the articles of incorporation and bylaws of your association.    Read the article…………………………….

As of July 2024, marijuana is legal in 38 of 50 states for medical use and legal in 24 states for recreational use. In 2016, Florida voters approved medical marijuana. In November 2024, Floridians will have the right to vote to legalize marijuana for recreational use in the State of Florida.   Read the article…………………………….

Even the possibility of The Florida Legislature going into Special Session in order to solve this alleged condo crisis is insane. You know why? Because our legislators had the guts to fix it two years ago after 98 innocent victims perished in a condominium building that was in a terribly poor, dangerous and unsafe condition.  The residents of The State of Florida and The Florida Press was in absolute shock when it learned that other than in Dade and Broward Counties, condominium buildings never even had to be inspected, despite their age.   Read the article…………………………….

When you rent a place in Florida, you usually need to pay a security deposit. Unfortunately, some residents aren’t sure if this is even legal, which can cause problems between them and landlords.  When disagreements occur, it’s crucial to know how Florida law works and how it affects the relationships between landlords, renters and homeowners associations (HOAs). In this blog, we’ll explain the details of security deposits and what each person is responsible for.    Read the article…………………………….

Vicious dogs and the attacks they can inflict on innocent victims represent safety issues for community associations of the very highest order. Aggressive and potentially dangerous dogs are an obvious hazard, so most communities have established pet rules and restrictions in place to help address and avoid such risks.  However, for the Marina Bay community in St. Petersburg, Fla., its rules and enforcement appear to have not been enough to prevent a vicious attack that left one of its residents with severe injuries, according to the allegations in a recent lawsuit.   Read the article…………………………….

As most of us are by now familiar with, in 2021 the Florida legislature enacted significant statutory changes to Chapters 718, 719, and 720, requiring a new notice to delinquent owners that must be mailed by an association before demanding payment of attorney’s fees related to the collection of unpaid assessments. Since July 1, 2021, the effective date of the legislation, most associations and management companies have experienced preparing and sending the Notice, or “NOLA.”    Read the article…………………………….

Today’s column is the seventh and final installment of our review of 2024 legislation affecting Florida community associations. Today, we will continue our review of some major changes made to the laws regulating homeowners’ associations, with a focus on new rules on architectural changes, governing document disclosures, hurricane protection requirements, as well as some miscellaneous changes.   Read the article…………………………….

A one-two punch is hitting condo owners and associations in Florida, forcing some to sell to cash buyers at massive discounts or risk foreclosure. The setback could have national implications.  The first hit: new regulations are coming due that make condo ownership more expensive. With the goal of preventing another tragedy like the partial collapse of the Champlain Towers South condo building in Surfside, which killed 98 people, Florida legislators passed new structural safety regulations in 2022 and 2023. Condo associations face a looming deadline of December 31, 2024, to comply.   Read the article…………………………….

Most people in the community association world are now aware of New Jersey’s Senate Bill S2760, commonly known as the Structural Integrity and Reserve Act (“Act”). This legislation introduces crucial provisions for condominium and cooperative buildings, addressing structural integrity, mandating periodic inspections, and improving reserve funding requirements. As community associations prepare for the transition from developer control, it’s essential to understand both new and existing developer obligations under this law.   Read the article…………………………….

On April 23, 2024, the Federal Trade Commission (FTC) made a defining decision regarding non-compete clauses, marking a momentous shift in labor market regulations. This unprecedent decision aims to eliminate the widespread use of non-compete clauses in employment agreements effective September 4, 2024. Even with the FTC’s decision, there is still uncertainty how individual states, including Florida, will apply the FTC decision.    Read the article…………………………….

After a grueling 4-day trial full of witnesses, questioning, and jury deliberation, the Judge finally announces, “Verdict in favor of the Plaintiff.” You are elated, the Judge just told you that you won your trial and the defendant you sued for property damage owes you $250,000.00. Now you can finally relax. You are expecting the money to hit your account any minute now. But two weeks go by, and you haven’t received anything. A month goes by, and the defendant says he’ll pay you soon. Still nothing. Now it’s been three months, the defendant is refusing your phone calls, and is completely refusing to pay you. How is that possible? Didn’t the Judge say that the defendant owes you that ...

Life can take you by surprise, and some of those surprises can significantly affect your finances. Receiving a notice of default is frightening and not a situation people willingly put themselves in.  Unexpected changes like a sudden job loss, medical emergency or contentious divorce can put you in a bind. When those challenges put you at risk of losing your home, gathering the strength to defend against foreclosure makes a big difference in protecting your family’s future.   Read the article…………………………….

A Florida homeowners association was found liable in a records requests lawsuit that emphasizes the need for timely response and proper recordkeeping among community associations.  The Fifth District Court of Appeal in Florida emphasized that an association’s failure to promptly and fully respond to a homeowner’s request can result in fines and other liabilities against the association and in favor of the homeowner. This was illustrated in the case, Pecchia v. Wayside Estates Home Owners Association, Inc., No. 5D23-0963 (June 7, 2024).   Read the article…………………………….

Florida HOAs have mixed emotions about House Bill 1203. Several new laws came into effect on July 1, 2024, and as a result, some HOA members living in the Sunshine State feel a little more relaxed.  The objective of HB 1203 is to promote transparency and consistency across Florida homeowners associations. Some communities have very strict rules to the point where owners feel oppressed. In other cases, owners struggled to find HOA information which is supposed to be available to all members.   Read the article…………………………….

Whether you’re a homeowner feeling unheard or a board member striving to maintain harmony, the tension in a Homeowners Association (HOA) dispute can take a toll on everyone involved. This is where a certified mediator steps in.  Mediators help people involved in civil disputes find a solution without going to court. They guide disagreeing parties through different options to find a solution that works for everyone without going to trial.   Read the article…………………………….

For those who live in communities with associations, serving as a director provides one of the most impactful opportunities they will ever have in their entire lifetime to volunteer to serve for the betterment of the place they call home. Association board/committee service is much like a civic duty, as these volunteers provide for the oversight of entire communities that rely on dedicated and scrupulous owners for their financial and administrative well-being.   Read the article…………………………….

Today’s column is the sixth installment of our review of 2024 legislation affecting Florida community associations. Today, we will continue our review of some major changes made to the laws regulating homeowners’ associations, with a focus on new rules on fines by HOA’s and new regulations on pickup trucks.    Read the article…………………………….

Living in Florida, hurricanes are one of the most common natural disasters, causing widespread damage to neighborhoods and homes. While they are common, dealing with the damage is no easy task.  Here are the 5 most common repairs we proactively plan for     Read the article…………………………….

Hurricanes are certain when living in Tampa, but the damage they can cause is incredibly variable. Working with a leading Tampa association management company like Wise Property Management can take some of that uncertainty away. With Wise, your association will have a reliable plan in place to ensure damage post-storm does not leave your board with more questions than answers after a hurricane hits.    Read the article…………………………….

Let me tell you what you should be looking for in your condominium documents after you stop reading this: the provisions in your declaration of condominium allowing termination of the condominium itself.  We know that condo assessments have doubled, tripled or even quadrupled in many instances due to increased insurance premiums, mandatory inspections, mandatory repairs and mandatory reserves. It has simply become unaffordable for many owners.    Read the article…………………………….

It is mid-July and we have already experienced two (2) named storms this year. Where are you in your hurricane preparedness? In addition to general hurricane preparedness, local municipalities and programs throughout the state have been warning against the potential dangers of leaving electric vehicles, e-bikes, e-scooters, electric golf carts, etc. (“EV”) plugged-in during storms. The combination of salt water and the battery systems in EVs could result in a fire.    Read the article…………………………….

A recurring concern raised by managers and board members alike involves overwhelming requests for inspection of official records by unit owners. In many cases, official records requests have become so extensive and time-consuming that they interfere with the normal day-to-day operations of an association. Associations must strike a balance between their statutory obligation to allow for the inspection of official records and their ability to conduct business.    Read the article…………………………….

Florida is no stranger to emergencies. Hurricanes, tornados, floods, and heatwaves all plague our state with regularity. Oftentimes when one of these disasters strikes, a board needs to act quickly and cannot take the time to formally notice a meeting. Thankfully the Florida Legislature has carved out special powers for condominium associations and homeowners associations so they can effectively navigate through the fraught aftermath of an emergency.   Read the article…………………………….

In a report published on July 3, 2024, Newsweek Magazine observed that insurance companies are denying an extraordinary number of claims to Florida Homeowners Associations (HOAs) and condos. Being paid out for insurance claims properly as a homeowner in Florida brings you close to a 50/50 chance of being made whole, especially for HOAs.   Read the article…………………………….

The article focuses on three recent lawsuits in Palm Beach County Circuit Court involving an electric scooter accident and two falls, one on the deck at a community pool and the other on a sidewalk. It discusses how Florida community associations must exercise reasonable care in maintaining their properties and taking necessary precautions to prevent foreseeable hazards, and these cases illustrate the potential liability that associations could face if they are negligent in the duty of care owed to the safety of their residents and guests.    Read the article…………………………….

A recent article by the South Florida Sun-Sentinel on the epic and convoluted legal saga that is continuing to unfold at the Boca View Condominium begins with what appears to be a damning indictment:  “After two separate orders from two separate judges, the Boca View Condominium Association’s governing board still has not allowed a condo owner’s personal representative to inspect financial records as requested nearly four years ago.”    Read the article…………………………….

Millions of people depend on assistance animals to help them engage in major life activities. On the flip side, some people try to pass off their pets as assistance animals to skirt the rules in pet-restricted communities, restaurants, airplanes, and other places where pets are not allowed. So how do you spot the difference between a legitimate service or support animal and a fake one? Join us for this episode of Take It To The Board as host Donna DiMaggio Berger uncovers the world of training assistance animals with Terry Harris of West Tennessee K9 Training, a top-rated dog training facility in West Tennessee.  Listen to the podcast…………………………..

When our blog was published last week about the new powers of the DBPR, some owners in HOAs really were appalled. They still can’t believe that they can’t go to the DBPR for help but condominium owners are perhaps now getting all the help they need.   Read the article…………………………….

Incidental damages are damages that are caused by associations to portions of buildings that unit owners are required to maintain. The most common example occurs when an association has its contractor go into a unit and remove portions of the wall or the floor to gain access to common elements which require repair. Incidental damages typically can be predicted from the outset of a project but are generally unavoidable.   Read the article…………………………….

In the aftermath of Hurricane Ian, many condominiums in the Southwest Florida area were substantially damaged. While many Associations are in the process of rebuilding, some have not been able due to the high costs involved. As result, some of these associations have elected to terminate the condominium form of ownership and sell the condominium property.    Read the article…………………………….

It is mid-July and we have already experienced two (2) named storms this year. Where are you in your hurricane preparedness? In addition to general hurricane preparedness, local municipalities and programs throughout the state have been warning against the potential dangers of leaving electric vehicles, e-bikes, e-scooters, electric golf carts, etc. (“EV”) plugged-in during storms. The combination of salt water and the battery systems in EVs could result in a fire.     Read the article…………………………….

Today’s column is the fourth installment of our review of 2024 legislation affecting Florida community associations. The first three pieces dealt with changes to the condominium statutes. Today we will wrap up the discussion on changes to the condominium statutes and cover some major changes made to the laws regulating community association managers and management companies.    Read the article…………………………….

It seems that every year we can count on the Florida legislature making additional changes to the Homeowners’ Association Act (“HOA Act”), and the 2024 legislative session was no different. One of the HOA bills adopted by the legislature is HB 1203. The bill was formally sent to the governor on May 21, 2024. As of May 31, the governor approved the bill.  The bill became law, and the vast majority of the changes took effect on July 1, 2024.    Read the article…………………………….

A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community.  However, the Florida Legislature recently amended Florida Statute, Chapter 720 through House Bill 1203 (2024) and revised Section 720.3075(3)   Read the article…………………………….

The purpose of this interim short article is to clarify: i) homeowners’ association versus condominium association board member certification and continuing education requirements; ii) provide greater clarity regarding condominium association hurricane protection requirements;     Read the article…………………………….

…..how new amendments to the state’s laws and a recent lawsuit by the association for the Boca Bridges community in Boca Raton illustrate how owners in new communities must move quickly with property inspections immediately after assuming operational control of the association from the developer.      Read the article…………………………….

Today’s column is the third installment of our review of 2024 legislation affecting Florida community associations. The first two pieces dealt with changes to the condominium statutes, as will today’s review.    Read the article…………………………….

There has been lots of complaints over the years that when condominium owners bring their complaints to the DBPR and expect some help, the only thing they got in return was a letter that said the DBPR has no jurisdiction over the subject matter of their complaint. I actually watched a legislative hearing in this regard and will tell you that the legislators were shocked that the DBPR was in effect powerless to help the condominium owners with their complaints.    Read the article…………………………….

The state of Florida passed a new law last month after the horrific collapse of Champlain Towers South in Surfside, Florida, three years ago. After extensive consultation with lawmakers, Florida has made the following changes in its real estate laws.   Read the article…………………………….

A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community.  However, the Florida Legislature recently amended Florida Statute, Chapter 720 through House Bill 1203 (2024) and revised Section 720.3075(3), in pertinent part   Read the article…………………………….

Florida’s 2024 legislative session ended on March 8, 2024, and there are a number of bills that are starting to go into effect that will impact the real estate industry. Below is a summary of some of the most relevant bills that may impact your business!    Read the article…………………………….

The Florida legislature has recently introduced a new mechanism for condominium associations to receive inspections and potentially government funds to improve their properties. These changes may be found in Florida Statutes, Section 215.5587, which was created through House Bill 1029. This new law takes effect on July 1, 2024 and creates the My Safe Florida Condominium Pilot Program (the “Pilot Program”). Pursuant to the Pilot Program, condominium associations may receive inspections from licensed inspectors and grants to further protect the condominiums from hurricane damage. However, in order to receive these inspections and grants, an association must comply with the requirements of the statute. Individual condominium unit owners may not participate in the Pilot Program.   Read the article…………………………….

Homeowner associations (HOAs) play an important role in maintaining community harmony and property values. The HOA achieves this balance by working to ensure those within the community follow the rules. There are times when people do not agree, when a conflict over an HOA rule may arise.    Read the article…………………………….

This is the second installment of my annual legislative review for 2024. The first segment looked at changes to the condominium laws regarding director education, mandatory website requirements, new board meeting procedures, and the addition of criminal penalties for certain aspects of condominium statute violations.  Today we will look at more changes to the condominium laws, which became effective July 1, 2024.   Read the article…………………………….

Eisinger Law is pleased to provide you with a summary of the most recent and relevant changes effectuated by the Florida Legislature, (the “Legislature”), and the Governor of the State of Florida, to Chapter 718, Florida Statutes, (the “Condominium Act”), and other Florida Statutes which affect condominiums. Please keep in mind that the effective date of each such legislative change is July 1, 2024, unless otherwise specifically noted.     Read the article (PDF)…………………………….

The Federal Fair Housing Act 42 USC 3601 (the “FHA”) requires housing providers to modify or make exceptions to policies governing animals when it may be necessary to permit persons with disabilities to utilize animals. The FHA prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability.   Read the article…………………………….

When a resident moves into a condominium, they may have an idea of what to expect as they join their local Condominium Owners Association (COA). This could be the payment of assessments for maintenance and building policies.  However, life sometimes gets hectic which makes it hard to fulfill financial obligations. This is one of the most common disputes between tenants and COAs. What can a condo resident expect if they fall behind on assessments?     Read the article…………………………….

The ruling was issued by Florida’s Fifth District Court of Appeal in a lawsuit filed by owners against their homeowners’ association, the Wayside Estates Homeowners Association located near Orlando in Sanford. The suit, which was brought by owners and association members William Pecchia and Kathleen Porter, stemmed from a formal request they issued to the HOA in 2019 for it to make certain records available to them for inspection as required by law.    Read the article…………………………….

2024 was a particularly active year for community association legislation. There were several hundred pages of legislation affecting condominium, cooperative and homeowners’ associations. Community association legislation is often described as “the good, the bad, and the ugly.” 2024 was a notable exception in that not much “good” appears to have been done.    Read the article…………………………….

We all know that the statutes for both condos and HOAs state that owners may display a United States flag in a respectful way, and on certain other days, flags that represent the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, regardless of any provisions in the governing documents dealing with flags or decorations. The HOA statute even allows for the flying of first responder flags.   Read the article…………………………….

No later than October 1, 2024, all Florida homeowners associations must either provide complete copies of their rules and covenants to each member or post complete copies of the rules and covenants on their website and provide notice of posting to each member.  Read the article…………………………….

The Florida Marketable Record Title Act (MRTA) is a statute that can have harsh consequences, including the ability to extinguish an Association’s deed restrictions if an Association does not take timely remedial measures, such as preservation of its deed restrictions. Due to Associations failing to take appropriate actions to protect their deed restrictions from the consequences of MRTA, the Florida legislature implemented a requirement that an Association’s board of directors address the applicability of MRTA at the first board meeting, following the organizational meeting, each year.     Read the article…………………………….

Florida’s latest community association bill (HB 1021), signed by the Governor on June 14, 2024, relates to the governance of condominium and cooperative associations and the practice of community association management.    Read the article…………………………….

Florida’s Governor signed House Bill 429 into law, a significant legislative development. This bill deals with real property, timeshares and revising the Timeshare Act.  The Timeshare Act applies to all timeshare plans consisting of more than seven timeshare periods over a period of at least three years when the accommodations and facilities are located or offered within Florida.     Read the article…………………………….

While not the ones that got the most attention, there were a few other bills that were signed into law by The Governor involving community associations:  House Bill 59 was signed into law and it requires that Before October 1, 2024, an association shall provide a physical or digital copy of the association’s rules and covenants to every member of the association and going forward to every new member of the association. Also, if an association’s rules or covenants are amended, the association must provide every member of the association with an updated copy of the amended rules or covenants. This can all be met by posting these rules and amendments on the association’s website.    Read the article…………………………….

Florida has recently enacted new legislation and implemented changes to various regulations that significantly impact community associations. Many of these changes have either already taken effect or will take effect starting July 1, 2024. To ensure our clients are well-informed about these recent developments in Florida state law pertaining to community associations, we have compiled the following summary of the new laws resulting from the latest session of the Florida State Legislature.   Read the article…………………………….

The 2024 hurricane season started on June 1st, and associations must prepare and stay prepared for what is forecasted to be a very active season. Proper preparation can avoid confusion and reduce the risk of damage to the property or delay recovery. Here are our six top preparation tips for associations:    Read the article…………………………….

This summer, Governor Ron DeSantis signed several Bills that directly affect condominium, homeowners’, and cooperative associations. On May 17, 2024, Governor DeSantis signed Senate Bill 382 (“SB 382” or the “Bill”), which modifies continuing education requirements for Florida-licensed community association managers (“CAMs”). The Bill is effective July 1, 2024; thus, all CAMs and associations should review and become familiar with its changes. Below is a brief summary of the Bill and how we expect it to affect CAMs moving forward.   Read the article…………………………….

Condominium associations throughout Florida will be significantly impacted by House Bill 1021, which Gov. DeSantis recently signed into law. The bill is effective July 1, 2024, although some portions of the law go into effect at a later date. The following are a few highlights of the new law.    Read the article…………………………….

HB 1021 (“HB 1021”) covers many topics, including the statutory recognition of condominiums in vertical subdivisions and condominium building safety measures. However, the legislation is also a reaction to a slew of additional issues affecting condominium associations, such as mismanagement and mistrust, ambiguities related to storm protection, and a lack of budget transparency. This article focuses on the new criminal penalties, hurricane measures, and operational requirements, all intended to address the foregoing items.   Read the article…………………………….

The condominium living experience is evolving rapidly, influenced by technological advancements, demographic shifts, and changing lifestyle preferences. As we look to the future, several emerging trends in condominium development and management are shaping the industry. For condominium associations and management teams, understanding and preparing for these trends is crucial to ensuring sustainable growth, resident satisfaction, and efficient operations.     Read the article…………………………….

When Florida lawmakers concluded their 2024 Legislative Session, a number of bills passed that affect community associations. House Bill 1203, which was signed by Governor DeSantis and is effective July 1, 2024, changes the game when it comes to fining in homeowners’ associations that are governed by Chapter 720, Florida Statutes.   Read the article…………………………….

The Florida Legislature adopted House Bill (HB) 1021, which was recently signed into law by the Governor which makes certain changes to Chapter 718, Florida Statutes, known as the Condominium Act. It will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but one of the areas of law impacted by this bill is the inspection of the official records of the association by unit owners.   Read the article…………………………….

At some point, every community association—whether it be an HOA, condominium, or co-op—has encountered a records inspection request and understands how time consuming they may be depending upon the scope of the request. A new case issued by the Fifth District Court of Appeal (or the “5th DCA”) solidifies the importance of an owner’s right to access association records and confirms that the duty to maintain and provide access to records is mandatory and cannot be circumvented through “substantial” or “sufficient” compliance.   Read the article…………………………….

Condominium associations will have to be more accountable to residents under a measure, crafted with Real Property, Probate and Trust Law Section input, that Gov. Ron DeSantis signed late last week.  HB 1021, by Rep. Vicki Lopez, R-Coral Gables, cleared the House 111-0 on March 1, and the Senate, 40-0, five days later.   Read the article…………………………….

Seasonal residents of Florida have long been referred to as “Snowbirds” because they come here during the winter months to enjoy our warm weather, beaches, and tropical lifestyle, then head back “up north” for the summer.  For this article, we are talking about owners of Florida properties in Association-governed buildings or communities who only occupy their residences during winter months. This includes Condominium Owners Association (COA) buildings and Homeowners Association (HOA) communities.     Read the article…………………………….

Florida’s condominium terminations can be complex and multifaceted, governed by specific statutes and association governing documents. Understanding the legal framework, types of terminations, and the procedural steps involved is crucial for condo owners and associations navigating this path. While the current South Florida climate, terminations are on the rise, not only sought out by developers, but associations as well.   Read the article…………………………….

Hurricanes are a significant threat to Florida’s condominiums since they can cause severe water damage that can lead to costly repairs and long-term structural issues.      Read the article…………………………….

When the Champlain Towers South condominium in Surfside, Fla., partially collapsed three years ago this month, Daniel Gonzalez knew he had work to do at The Admiral’s Walk, the 18-story condominium in Boca Raton where he has served as manager since 2009.  Gonzalez called Howard Somers, the condominium’s board president, to develop a plan to commission a structural inspection on their nearly 50-year-old building. They were two months ahead of a city ordinance that would mandate such inspections and nearly a year ahead of landmark Florida legislation that imposed a similar directive on aging buildings across the state. Admiral’s Walk received recertification in December 2023, the first condominium building in the city to achieve the status.    Read the article…………………………….

A few weeks ago, we wrote about condo and co-op reserves and the new Florida State law. This new law, passed in the wake of the Surfside collapse in 2021, mandates condo and co-op buildings at least 30 years old do milestone structural inspections by Dec. 31, 2024. They must do additional milestone structural inspections every 10 years thereafter. Also, these condo and co-op properties must have enough cash on hand to match the repairs required by the milestone inspections.    Read the article…………………………….

Florida has introduced new legislation and implemented changes to various regulations impacting community associations, many of which have either gone into effect or will go into effect beginning July 1, 2024.  This session, there are four main bills that impact community associations: HB 59, HB 1203, HB 1029, and HB 1021.    Read the article…………………………….

After a very active legislative session, we report another legislative update impacting community association managers. Florida’s Governor signed Senate Bill 382, which deals with continuing education requirements and becomes effective on July 1, 2024. Our summary of the changes    Read the article…………………………….

This year’s extensive condominium bill CS/CS/CS/HB 1021 (“HB 1021”) containing amendments to the Condominium Act created a new Section 718.407 entitled “Condominiums created within a portion of a building or within a multiple parcel building.” It provides for, among other things, statutory recognition of what is known in the industry as a “vertical subdivision,” a building containing more than one type of primary use in a single structure.    Read the article…………………………….

A legal fight is brewing over a new state law in Florida that gives developers more control over common areas in mixed-use buildings where residential condos share the premises with a hotel, among other uses.  Mixed-use condo buildings aligned with prominent hotel brands that run them like resorts has been a popular business model in South Florida for years.    Read the article…………………………….

Today, Governor DeSantis signed HB 1021, which places significant new burdens on condominium managers and directors. This bill is effective July 1, 2024, although some new requirements have later effective dates.    Read the article…………………………….

On May 31, 2024, Governor DeSantis signed the largest of three new bills that will have a significant impact on homeowners’ associations (HOAs). House Bill 1203, House Bill 59, and House Bill 293 introduce a range of new requirements and regulations that HOAs must comply with. The effective date for HB1203 and HB59 is July 1, 2024, while the effective date for HB293 was May 28, 2024.   Read the article…………………………….

Specifically, the new law states that all Florida homeowners associations, regardless of when they were first established, must adopt hurricane protection specifications for all of the structures and types of improvements located on a parcel within their community.    Read the article…………………………….

On May 29, 2024, Governor DeSantis signed HB 293 (2024), which amends Fla. Stat. Sec. 720.3035 as follows:  Requires homeowners associations to adopt hurricane protection specifications for each structure or other improvement on parcels governed by the Association, including individual lots.    Read the article…………………………….

Governor DeSantis signed House Bill 1203 (2024), which is effective July 1, 2024 and makes a number of substantial changes to statutes governing Florida community association managers and homeowners associations (HOAs).    Read the article…………………………….

On May 29, 2024, Governor DeSantis signed HB 59 (2024) into law.  Effective July 1, 2024, HB 59 (2024) amends Fla. Stat. Sec. 720.303 as follows: Requires an Association to provide a physical or digital copy of the Association’s rules and covenants to each member by October 1, 2024 and to each new member thereafter; and     Read the article…………………………….

At least nine of the (so far) 144 new state bills signed by Gov. Ron DeSantis are designed to assist homeowners and condo owners in some fashion, whether it impacts insurance, HOA regulations, grants to harden condos (and homes), or even how long a builder must warranty a new home.   Read the article…………………………….

When Florida residential Condominium and HOA Board members are elected or appointed, they automatically and immediately enter into fiduciary relationships with all property owners in the building or community. This means the Association’s Directors and Officers are obligated to put the interests of property owners (Association members) above any personal motivations or views. Words used to describe fiduciary relationships include Trust, Honesty, Loyalty, and Integrity.  Read the article…………………………….

On May 29, 2024, Governor DeSantis signed HB 59 (2024) into law.  Effective July 1, 2024, HB 59 (2024) amends Fla. Stat. Sec. 720.303 as follows:  Requires an Association to provide a physical or digital copy of the Association’s rules and covenants to each member by October 1, 2024 and to each new member thereafter;    Read the article…………………………….

Florida law provides condominium associations with a robust framework to recover damages from the developer and contractors for issues related to defective construction. Chapter 558, also known as Florida’s Construction Defect Statute, aims to encourage settlement of construction-related claims without resorting to litigation. However, litigation is sometimes unavoidable. Outlined herein are some of the essential documents all condominium associations must maintain and should be prepared to produce when construction litigation is on the horizon.   Read the article…………………………….

Florida Gov. Ron DeSantis recently signed into law House Bill 59 regarding the rules and covenants of homeowners associations. Effective July 1, 2024, House Bill 59 requires HOAs to furnish every member of the association, as well as all future members, with either a physical or digital copy of the association’s rules and covenants. Furthermore, in the event of any amendments or alterations to these rules or covenants, updated copies must be promptly distributed to members. Prior to October 1, 2024, all existing HOAs must provide a physical or digital copy of the association’s rules and covenants to every member of the association.    Read the article…………………………….

Florida is home to approximately 49,000 homeowner associations (HOAs) and 27,000 condominium associations (COAs), leaving a majority of homeowners impacted by changing association regulations and laws. From dealing with shifts in insurance demands to reserve requirements, HOAs and COAs are responsible for addressing pain points for both the present and future. This tremendous responsibility is made that much easier to navigate with knowledgeable partners, particularly your banker.   Read the article…………………………….

In my forty (40) years of managing community associations, and providing building restoration management services, I have experienced a wide range of repair solutions necessary for many different types of construction due to coastal environment corrosion. The aging of buildings along Florida’s coast lines is not consistent, not typical, each is unique, and all require practical, knowledgeable, resourceful solutions and repair methods.   Read the article…………………………….

The Florida Legislature adopted House Bill (HB) 1021, which makes certain changes to the Chapter 718, or the Condominium Act. Assuming the bill is not vetoed by the Governor, it will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but one of the areas of law impacted by this bill is the inspection of the official records of the association by unit owners. The association should have reasonable rules in place regarding records requests.  Read the article…………………………….

The snowbirds and spring breakers have all returned home. The weather is warmer, and the days are longer. The summer vacationers have not yet arrived but will soon be here. Unfortunately, this also signifies the potential arrival of a dreaded and uninvited guest: a hurricane. While hurricanes are unpleasant, as with many things in life, a little preplanning can go a long way. The time to evaluate, prepare, and plan is now before the season is firmly upon us.    Read the article…………………………….

This blog post suggests some helpful hurricane preparation language, rules, and advice.  Your association should have a vastly more detailed set of specifications for shutters, etc. base on your history, location, type of construction, and preferences as a group.  However, here are some helpful language to consider when preparing your own set of hurricane preparation specifications for TEMPORARY WINDOW PROTECTION.    Read the article…………………………….

The increase in costs, especially insurance premiums, have been difficult for condominium associations in the past couple of years. I have been asked on many occasions if there is a cap on increasing the budget by more than 115% from the previous year.   Read the article…………………………….

Over the past few years, Airbnb and VRBO (collectively referred to as “Vacation Rentals”) have become a very popular form of short-term rental. Vacation Rentals include a range of rentals from houses, condos, or in some instances rooms for a period under 30 days’ at a time. While some owners believe they have this right under the concept, “I own it and can use it as I wish,” there has been a long-standing concept in Florida Law that community associations have the right to restrict perceived disruptive uses, including short term rentals within their community. Florida law has consistently upheld community covenants and restrictions regulating the level of occupancy of a unit or home.   Read the article…………………………….

Two of the bills signed into law this month by the Governor modify Florida Statute 720.3035 regulating architectural review. Because of these two pending changes to the law, homeowner’s associations should review their architectural review with their community association attorney.    Read the article…………………………….

Every year, natural disasters destroy hundreds of homes, cause catastrophic damage to thousands of others and change families’ lives. In Florida, hurricane seasons vary, with two or three storms some seasons, sometimes followed by a much-welcomed, prolonged period without a major storm. Living in a hurricane-prone area can be troublesome, and condo and homeowners association boards may find hurricane preparation overwhelming. All communities must have a proactive hurricane preparedness plan to limit the catastrophic impacts on association property and maintain residents’ safety.   Read the article…………………………….

If there ever was a column that I hated to write, this is it! Last week I spoke about a case I argued before The Florida Supreme Court in 2011 called Cohn v. The Grand Condominium. In that case, the minority commercial unit owners at The Grand Condominium challenged a new Florida statute that took away their rights under the bylaws and declaration to elect a majority of the Board of Directors. On appeal, The Florida Supreme Court said that since this new law impaired the contractual voting rights of the commercial unit owners    Read the article…………………………….

Governor DeSantis Signs HB 1203 Affecting Homeowners Associations and Licensed Community Association Managers   Read the article…………………………….

Florida HB 1021 was passed into law and becomes effective July 1, 2024. The new law provides the following updated continuing education requirements for the officers and directors of Florida condominium associations:    Read the article…………………………….

Florida House Bill 1203 (2024) introduces comprehensive regulations for homeowner associations (HOAs) with the aim of increasing transparency and accountability.    Read the article…………………………….

Continuing our report on legislative developments, the Governor recently signed House Bill 59 into law. This bill impacts homeowners associations. Below is our firm’s summary of this bill:  This bill adds a new subsection 13 to section 270.303 of the HOA Act entitled “Requirement to Provide Copies of Rules and Covenants.”    Read the article…………………………….

The 2024 legislative bills affecting Florida’s community associations are in play and if not already signed into law, are expected to become law; The Bills at issue are:   Read the article…………………………….

Many green buildings talk about energy efficiency. At Well Bay Harbor Island in Miami, an exclusive condo project centered on wellness, one of the selling points may be its vibrational energy.  Set to open next year, the project will feature an array of crystals embedded inside amenity spaces and even buried within the eight-story building’s foundation.    Read the article…………………………….

The Florida Legislature adopted House Bill (HB) 1021, which makes certain changes to the Chapter 718, or the Condominium Act. Assuming the bill is not vetoed by the Governor, it will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but one of the areas of law impacted by this bill is the inspection of the official records of the association by unit owners. The association should have reasonable rules in place regarding records requests.   Read the article…………………………….

It often takes a crisis for society and government to react. Whether it be seat belts, smoking, or building safety, unfortunately, catastrophe can move the needle toward addressing public safety issues. This paper explores the events leading up to Florida Chapter 2023-203, the steps that impacted owners/developers/managers can take to ensure compliance, and how experts can help.    Read the article…………………………….

Boards of Florida condominium associations and homeowner associations are allowed to make rules regarding use of the common areas, access to records, the right to speak at meetings,and in a few other areas.  Here are a few rules regarding rules:   Read the article…………………………….

On May 31, 2024, Governor DeSantis signed the largest of three new bills that will have a significant impact on homeowners’ associations (HOAs). House Bill 1203, House Bill 59, and House Bill 293 introduce a range of new requirements and regulations that HOAs must comply with. The effective date for HB1203 and HB59 is July 1, 2024, while the effective date for HB293 was May 28, 2024.     Read the article…………………………….

As a homeowner in a homeowner association (HOA), you may receive a notice of a fine or fee for a violation of the rules or regulations. While these fees and fines can serve as a deterrent to rule-breaking, they can also be disputed if you believe they are unjustified. Further, it is not uncommon for a roque HOA to use fines and/or fees to harass a homeowner. Here are the steps you can take to challenge illegal HOA fees or fines.   Read the article…………………………….

When a disaster, such as a fire or a storm, strikes a condominium or cooperative, the homeowners’ association (HOA) plays a crucial role in managing the insurance claims process. As a governing body, the HOA must ensure that damage to communal areas and shared structures is addressed promptly and efficiently. This includes filing claims with the insurance company, checking up on the progress and coordinating with contractors for repairs.   Read the article…………………………….

There has been a great deal written lately about the impact and filing requirements of the Corporate Transparency Act, which is a 2021 federal law aimed at detecting money laundering, terrorist finance and other illicit financial activity. Community associations have been told they are not exempt, and their directors must comply with the Act’s new reporting requirements.    Read the article…………………………….

Florida House Bill 293 (HB 293) was signed into law and immediately went into effect. This new law addresses hurricane protections for homeowners’ associations (HOAs) in Florida.  Entitled “Hurricane Protections for Homeowner Associations,” this new Florida law mandates that HOAs adopt specific hurricane protection standards for structures and improvements within their communities.  These standards must conform to the applicable Florida building codes and can include specifications such as color and style of hurricane protection products.    Read the article…………………………….

May 28, 2024, was a big day for homeowners’ associations across the Sunshine State. Governor Ron DeSantis signed two bills that create new requirements in Chapter 720, Florida Statutes, also known as the Homeowners’ Association Act. While there are other proposed and signed bills from the most recent legislative session that affect community associations, below is a brief summary of recently passed House Bill 59 (regarding disclosure of HOA rules and covenants) and House Bill 293 (allowing HOAs to implement hurricane protection rules).     Read the article…………………………….

Over the past few years, Airbnb and VRBO (collectively referred to as “Vacation Rentals”) have become a very popular form of short-term rental. Vacation Rentals include a range of rentals from houses, condos, or in some instances rooms for a period under 30 days’ at a time. While some owners believe they have this right under the concept, “I own it and can use it as I wish,” there has been a long-standing concept in Florida Law that community associations have the right to restrict perceived disruptive uses, including short term rentals within their community.    Read the article…………………………….

Two of the bills signed into law this month by the Governor modify Florida Statute 720.3035 regulating architectural review. Because of these two pending changes to the law, homeowner’s associations should review their architectural review with their community association attorney.   Read the article…………………………….

The increase in costs, especially insurance premiums, have been difficult for condominium associations in the past couple of years. I have been asked on many occasions if there is a cap on increasing the budget by more than 115% from the previous year.   Read the article…………………………….

Florida House Bill 59 (HB 59) was signed into law and is effective on July 1, 2024. The bill was unanimously approved by both the Florida Senate and House before being signed by Governor DeSantis.  This new law (“Provision of Homeowners’ Associations Rules and Covenants”) imposes several new requirements on homeowner associations (HOAs) aimed at increasing transparency and the accessibility of rules and covenants for community association members.    Read the article…………………………….

On 4/18/24, FinCEN updated its Beneficial Ownership Reporting FAQs and included for the first time information regarding HOAs (Home Owners Associations). FinCEN confirms in this update that HOAs are reporting companies under the Corporate Transparency Act (CTA) and are subject to BOI (Beneficial Ownership Information) reporting requirements if they are entities created by filing of a document with a secretary of state or similar office.     Read the article…………………………….

The short answer to this question is yes, HOAs can require individual property owners to have homeowners insurance as long as the Declarations of the HOA address it. This blog answers some common questions about HOA insurance requirements and examines a particular case from Florida where an HOA took a member to court for failing to provide proof of insurance.    Read the article…………………………….

We recently held an educational webinar with Dan Tiernan from Campbell Property Management, David Peterson from ChargePoint and Andrew Llorens from Rexel USA to discuss EV charging at condominiums.   Watch the webinar……………………….

Developers who create residential subdivisions in Florida are typically obligated to form a homeowners’ association (HOA) to govern the community. Mandated by permitting authorities like counties, cities, and water management districts, the HOA manages the subdivision’s common areas, such as open spaces, retention ponds, stormwater management systems, amenity centers, parks, entry features, walking trails, and private streets.   Read the article…………………………….

Whether your community association is a condominium, cooperative, or a homeowners’ association, Florida law empowers your association to enter into contracts in connection with the maintenance and operation of the community. Often times, your association is all but required to contract with third parties in order to maintain and operate the community, as it does not have the in house employees required for specialized, but essential tasks, such as the maintenance and repair of your community’s plumbing, elevators, or fire alarms.    Read the article…………………………….

Condo and co-op living comes with its own set of challenges, especially when it comes to insurance disputes. You have invested your hard-earned money into your dream home, but what happens when you find yourself at odds with your insurance provider or association? Going through the intricate laws and regulations can be a daunting task, leaving you feeling lost and frustrated.   Read the article…………………………….

Buying a condo is often touted as the perfect hybrid experience of “owning your own place” while still having a lot of the benefits of having a management company handle some of the major issues as if you were a tenant.  However, you don’t want to jump on a great deal for a condo without fully understanding how you might be affected by the condo’s Covenants, Conditions and Restrictions (CC&Rs).   Read the article…………………………….

If you are a condo owner facing a homeowners association (HOA) dispute, you should be aware that cases may have to go through mediation or arbitration before the go to trial. This is to prevent taking a high volume of cases to court when you can opt for alternative means as a resolution.   Read the article…………………………….

With a major hurricane making landfall somewhere in Florida on nearly an annual basis over the past several years, Florida’s property insurance market is in turmoil. Many carriers have left the state and those carriers still willing to write policies in the state have drastically increased the cost of their annual premiums. Many of our clients have reported annual increases of 20-30% per year over the past several years. The turmoil of rising insurance costs and a limited pool of insurers not only impacts homeowners, but also community associations who are required under Florida law to maintain property and casualty insurance for association property.   Read the article…………………………….

The case stemmed from a rotted condominium balcony railing that led to a horrible three-story fall, and it was the subject of a recent report by WUFT News in North Central Florida. Jacob’s column focuses on how the station’s article at www.WUFT.org and the appellate opinion illustrate the potentially monumental repercussions that could result from poor maintenance decisions and practices over critical safety elements.    Read the article…………………………….

While Fannie Mae and Freddie Mac have developed lists of condo associations that are ineligible for participation in their mortgage programs, the challenge for associations begins with their inability to learn from the government-sponsored entities whether their communities are on the lists. In response to widespread calls to provide associations with access to the information on their current status, Freddie Mac recently provided association representatives with access to the data on whether their community has been deemed ineligible by the mortgage industry giant.   Read the article…………………………….

Each year, condominium associations work to obtain insurance at reasonable rates in an effort to comply with their statutory obligations to use “best efforts” to obtain insurance. In recent years, however, insurance rates have increased significantly, causing associations to question whether insurance is required at any cost. While best practice is, of course, for an association to maintain adequate insurance, an association may wonder whether “best efforts” means it must obtain insurance at any cost.   Read the article…………………………….

Suppose you ask for access to certain condominium records, they are never given to you, but months later the association says they were? What do you do now?  Well, for condominiums only The Florida Legislature attempts to address this issue in House Bill 1021 which goes into effect July 1st    Read the article…………………………….

Now fast forward to 2024 and we have the case of Maureen Short v. Windhover Condominium 2024-00-4504. In this case, the association argued that pursuant to Florida Statute 718.112 (2)(d)4.a in order for a condominium election to be valid, only 20 % of the eligible voters must participate. Windhover is a 132 unit condominium. 20% equals 26. However a “quorum” of owners would be 68.     Read the article…………………………….

For board members of homeowners and condo associations in Florida, addressing disaster preparedness and safety/security issues is crucial due to the region’s susceptibility to hurricanes, tornados, and other emergencies. A bit of preparation can lead to a much easier recovery after a critical event. As experienced property managers in Florida, we’ve learned a few things. Here are 3 actions you can take today to prepare your community to weather any storm.  Read the article…………………………….

When you live in a community managed by a Homeowners Association (HOA), you understand your responsibility to pay regular dues to help maintain the quality of your neighborhood. However, a significant increase in contributions might seem suspicious, especially when the change was not communicated properly to you. As a homeowner, you have the right to question your HOA’s actions.   Read the article…………………………….

The U.S. Department of Treasury’s Financial Crimes Enforcement Network, also known as FinCEN, recently issued an alert warning individuals and businesses that scammers are using the Corporate Transparency Act to fraudulently solicit information from individuals and businesses who may be subject to reporting requirements under the Corporate Transparency Act.   Read the article…………………………….

For many first time condominium purchasers, a declaration of condominium can seem like another hundred page paper that is incidental to the real estate transaction. What many condominium purchasers and current owners fail to realize is the reality of the document itself and the nature of the relationship it creates between you and your condominium association. In Florida, a condominium declaration is considered to be a contract between a condominium association and the unit owners.   Read the article…………………………….

While Fannie Mae and Freddie Mac have developed lists of condo associations that are ineligible for participation in their mortgage programs, the challenge for associations begins with their inability to learn from the government-sponsored entities whether their communities are on the lists. In response to widespread calls to provide associations with access to the information on their current status, Freddie Mac recently provided association representatives with access to the data on whether their community has been deemed ineligible by the mortgage industry giant.   Read the article…………………………….

A house is one huge investment that most people aspire to attain in their lives. And when you finally achieve this goal, you will feel excited to personalize it and make it truly your own. However, before you proceed with that renovation plan, check if there are restrictions in your neighborhood.   Read the article…………………………….

The recent changes to Florida’s Condominium Act aimed at bolstering the structural elements of aging buildings are leading to increases in monthly dues for many communities, which in turn is causing a ripple effect on the willingness of owners to volunteer to serve on their association’s board of directors. Raising association budgets and implementing special assessments for specific projects can be a recipe for hostility and dissent that becomes too much to bear for even the most ardent and effective board member.   Read the article…………………………….

Before we look at the data, I can speak about my local experience in Southwest Florida. Specifically, my Homeowners Association is required to carry insurance on the external part of the townhomes. When I joined the board in 2021, our annual premium was $15k. By the end of the year, the carrier went into receivership. In 2022 our premium was $30k. And in 2023 it was closer to $60k. We won’t know until this summer, but we budgeted for the 2024 premium to be $90k.  Read the article…………………………….

Not too long ago a condominium association foreclosed its assessment lien against a deceased unit owner and the sole heir. With the statutory prerequisites completed, including the recordation of the lien, the association commenced its foreclosure lawsuit. Ultimately, due to the failure of the defendants to respond, a final summary judgment in favor of the association was ordered,   Read the article…………………………….

With a major hurricane making landfall somewhere in Florida on nearly an annual basis over the past several years, Florida’s property insurance market is in turmoil. Many carriers have left the state and those carriers still willing to write policies in the state have drastically increased the cost of their annual premiums. Many of our clients have reported annual increases of 20-30% per year over the past several years.    Read the article…………………………….

The ultimate test of a binding settlement agreement is whether the parties to the agreement have a “meeting of the minds,” which is a mutual understanding of the essential terms of the agreement. At least one court in Florida has now ruled emails between attorneys can constitute an enforceable settlement agreement if the parties’ counsel had clear and unequivocal authority from the client to settle the case and correspondence between the parties’ attorneys showed that no essential terms of the agreement remained open or subject to future negotiation—even if one of the parties failed to sign the actual drafted agreement.    Read the article…………………………….

As Floridians, the dance of hurricane prep is an annual occurrence. From June to November, vigilance cannot wane as we keep our eyes on the tropics and our hurricane kits ready. But as a seasoned property management company in Florida, we’ve learned that there’s more to hurricane preparedness than just the standard checklist. Let’s delve into some often-overlooked aspects that can make a significant difference when the next storm hits.  Read the article…………………………….

If the association is still doing things the old fashioned way and making deposits by filling out a deposit slip and going inside to see the teller, that deposit receipt issued by that teller is now an official record of the association and unit owners are entitled to see it.   Read the article…………………………….

No two communities are identical; each community has various factors which influence what type of management will most effectively help them accomplish their goals. Some of these factors include the availability of resources and the complexity of the community itself.    Read the article…………………………….

As most construction litigation practitioners are aware, the vast majority of construction defect cases settle before trial and even those that proceed through trial may not get all the way through the appellate process.   Read the article…………………………….

On April 24, 2024, Florida Governor Ron DeSantis signed House Bill 1029 into law, marking a pivotal moment in bolstering condominium resilience against hurricane damage. This significant milestone is important for Florida’s condominium owners’ associations to recognize in furtherance of efforts to protect Florida’s infrastructure.   Read the article…………………………….

Whether your community association is a condominium, cooperative, or a homeowners’ association, Florida law empowers your association to enter into contracts in connection with the maintenance and operation of the community. Often times, your association is all but required to contract with third parties in order to maintain and operate the community, as it does not have the in house employees required for specialized, but essential tasks, such as the maintenance and repair of your community’s plumbing, elevators, or fire alarms.   Read the article…………………………….

Florida has not escaped the growing epidemic of fires started by lithium-ion batteries, like those used in e-bikes and other battery-operated personal transportation devices. A recent Miami bike shop caught fire after the shop owner left an e-bike battery charging and closed the store for the day. Surveillance cameras caught the moment the battery exploded, starting the devastating fire.   Read the article…………………………….

Not too long ago a condominium association foreclosed its assessment lien against a deceased unit owner and the sole heir. With the statutory prerequisites completed, including the recordation of the lien, the association commenced its foreclosure lawsuit. Ultimately, due to the failure of the defendants to respond, a final summary judgment in favor of the association was ordered, This judgment also included two special assessments that were properly levied by the association and remained unpaid. Here is where things begin to get interesting.   Read the article…………………………….

Many individuals residing in Florida community associations are attracted to their homes by the favorable climate and natural beauty, such as what is found along its beaches. Such conditions have served as the catalyst for much of the development within the state’s coastal areas. However, while the proliferation of communities within Florida’s coastline has allowed many to enjoy the state’s environmental wonders, careful consideration should be taken to preserve much of the natural species affected by the construction and development of such communities.    Read the article…………………………….

The firm’s latest Miami Herald column titled “Do We Have Any Volunteers? Condo Associations Struggling to Find Directors,” was authored by Gabriella M. Ruiz. The article focuses on how rising association budgets and special assessments can be a recipe for hostility and dissent that becomes too much to bear for even the most ardent and effective condominium association board members. Her article reads:   Read the article…………………………….

This act intends to provide condominium associations with a program similar to the My Safe Florida Home Program by establishing what is known as the My Safe Florida Condominium Pilot (MSFCP) Program. Eligible condominiums can now apply for mitigation grants to help harden their buildings in an effort to mitigate hurricane damage.   Read the article…………………………….

If you are living in a Homeowners Association the Board or the Architectural Review Committee generally cannot prohibit the installation of solar panels (or “solar collectors”). A Florida law, F.S. 163.04, provides that any “deed restriction or declaration” or even any “similar binding agreement” may not prohibit — or have the effect of prohibiting — solar collectors (or clotheslines or any other energy devices based on renewable resources), from being installed on buildings or lots within the Association.    Read the article…………………………….

If your community association is served with a complaint or subpoena, you must promptly forward it to the community association’s legal counsel. As explained in this article, receipt of a complaint or subpoena triggers time sensitive legal obligations that can expose your community association to serious liability.   Read the article…………………………….

Enacted in 2023, HB 837 substantially modified Florida’s bad faith laws and the state’s comparative negligence system from a “pure” to a “modified” one whereby a plaintiff who is found to be more than 50 percent at fault for his or her own harm may not recover damages from any defendant. Medical negligence is exempt.   Read the article…………………………….

This act intends to provide condominium associations with a program similar to the My Safe Florida Home Program by establishing what is known as the My Safe Florida Condominium Pilot (MSFCP) Program. Eligible condominiums can now apply for mitigation grants to help harden their buildings in an effort to mitigate hurricane damage.   Read the article…………………………….

The issue of whether a homeowner’s association that permits a violation of its restrictive covenants is liable in damages in tort was addressed by the Fourth District Court of Appeals in the recent case of Seminole Lakes HOA, Inc. v. Esnard, Case No 4D18-15 (Florida 4th DCA Dec. 19, 2018). In this case, the Association was faced with a “severe parking problem” and therefore permitted on street parking, despite restrictive covenants prohibiting this activity. The relevant municipal code prohibited on street parking that interferes with the flow of traffic.    Read the article…………………………….

This first-of-a-kind appellate ruling places significant limitations on the power and rights of developers to take control of condominium associations, amend the governing documents, and terminate condominiums so they may demolish the condominiums and redevelop the property while running roughshod over the individual property rights of innocent unit owners.   Read the article…………………………….

The state’s lawmakers passed the bill enacting the new My Safe Florida Condominium Pilot Program with unanimous votes in both chambers, and it is now awaiting its expected approval by Gov. Ron DeSantis. The program, which is an extension of the My Safe Florida Home program that offers grants for improvements to single-family homes, will assist condominium associations with the costs of storm-proofing property improvements.    Read the article…………………………….

HB 1203 made some major changes regarding architectural review committees. To sum it up, their powers were greatly slashed. Let’s take a look:  An association or any architectural, construction improvement, or similar committee of an association must reasonably and equitably apply and enforce on all parcel owners the architectural and construction improvement standards authorized by the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.      Read the article…………………………….

Infrared thermography, a cornerstone of modern infrared inspection, stands out as a non-invasive diagnostic tool, revolutionizing the approach toward preventative maintenance and safety inspection. Utilizing state-of-the-art infrared cameras, this technology makes the invisible visible by capturing the heat emitted from objects in vivid colors, revealing potential issues in electrical systems, insulation failures, and even hidden moisture problems that could lead to structural damage or safety hazards.     Read the article…………………………….

When looking for a condominium, it’s not enough to scout the property. You should also look closely into the Condominium Owners Association (COA) because it’s in charge of security, trash pickup and other property matters. The COA would also require condo owners to become members of the association.   Read the article…………………………….

A recent article from the Community Associations Institute in the organization’s excellent Ungated blog focused on important security and liability issues for associations. It discussed how communities can be exposed to legal liabilities for negligent security and crimes occurring on association property.   Read the article…………………………….

Fresh off our recent article highlighting Boynton Beach’s new building recertification requirements, we highlight Boca Raton’s updated Building Recertification program. This article covers everything you need to know about Boca Raton’s Building Recertification Program (Ordinance 5589) and the significant changes it makes to the way building recertification is conducted. It ultimately focuses on what it means for your commercial building or condominium and compliance process. Let’s jump right in.    Read the article…………………………….

A recent article from the Community Associations Institute in the organization’s excellent Ungated blog focused on important security and liability issues for associations. It discussed how communities can be exposed to legal liabilities for negligent security and crimes occurring on association property.   Read the article…………………………….

I think everyone reading this knows how long and how hard I have fought for mandatory education for Board members. I always thought it was disgraceful to allow someone to get certified by signing a dumb form that says I read my governing documents and promise to enforce them. Finally, we have a change in the law. Let’s start with HOAs.   Read the article…………………………….

The reading of a community association’s election results can be filled with mixed emotions ranging from anticipation, to worry, to excitement, but those members elected to the board of directors generally are eager and optimistic to make positive changes within their community. Unfortunately, dealing with a multi-member board of directors can have significant challenges, and at times, members with vehemently opposing ideas and solutions. Differences of opinion may lead to conflict, breakdowns in communication, or even a complete inability to communicate, all of which may be exacerbated when occurring at an open meeting in the presence of the membership.   Read the article…………………………….

Has your association ever faced the challenge of a shadow website or social media page imitating your own? Have you discovered your community’s name being used by a business entity without permission? Host Donna DiMaggio Berger, along with guest Valeria Angelucci from Becker’s Corporate Practice, shed light on these common issues. Despite their prevalence, the solution for both prevention and resolution is often just one registered trademark away   Listen to the podcast…………………………..

Acquiring a money judgment through the litigation process in the State of Florida can be tough, arduous, and expensive. When a court enters a civil money judgment, it creates a judgment debtor and a judgment creditor. If the judgment debtor fails or refuses to pay the amount of the judgment, the judgment creditor may elect to use statutory collection methods to partially or fully satisfy the judgment.  Read the article…………………………….

If the unit owners elect to do so, they can vote for the association to prepare a lesser year-end statement than what is required by law. The law has changed and now states:  An association may not prepare a lesser financial statement than what is required by law for consecutive fiscal years.    Read the article…………………………….

The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. His article reads:. . . Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to intentionally deface and destroy accounting records, or to fail to create and maintain them with ill intent. They also call for second-degree misdemeanors……Read the article…………………………….

Exorbitant year-over-year insurance premium increases have been difficult to bear for many Florida condominium communities and their unit owners. Past hurricanes and the horrific tragedy of the collapse in Surfside have been cited as some of the causes that have led to skyrocketing premiums for condo communities, and many unit owners are having difficulty keeping up with the resulting increases in association budgets and monthly dues.    Read the article…………………………….

“Why does the HOA care what I do in my backyard?” is an all-too-common question posed by homeowners. Responsible for maintaining the community rules, facilities, and appearance, homeowners’ associations have an important role in upholding community standards. However, a common complaint amongst owners revolves around their homeowners’ association’s (“HOA”) authority to govern what happens in the back or side yard of a home out of sight of the rest of the HOA.    Read the article…………………………….

Estoppel certificates play an important role in the Florida real estate transactions process. Not only do they provide buyers and sellers with certainty regarding monies owed at the time of sale, but they also provide Florida community associations (Homeowner Associations, Condominium Associations, and Cooperative Associations) with the ability to ensure that they are able to collect monies that are due and owing at the time of a real estate transaction.   Read the article…………………………….

The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers.  Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to intentionally deface and destroy accounting records, or to fail to create and maintain them with ill intent.  Read the article…………………………….

Many associations have installed video surveillance cameras within the community common areas as a means to provide security for their residents. However, good intentions often lead to unanticipated consequences. In fact the use of video cameras may expose an association to liability.   Read the article…………………………….

Exorbitant year-over-year insurance premium increases have been difficult to bear for many Florida condominium communities and their unit owners. Past hurricanes and the horrific tragedy of the collapse in Surfside have been cited as some of the causes that have led to skyrocketing premiums for condo communities, and many unit owners are having difficulty keeping up with the resulting increases in association budgets and monthly dues.   Read the article…………………………….

Many condominium owners in Florida might wonder about the necessity of availing insurance for their homes, especially as most condo associations already have a master policy in place. Additionally, state law does not mandate homeowners to purchase condo insurance.  What does condo insurance cover, and how is it different from the homeowners association’s master policy?   Read the article…………………………….

An HOA here in South Florida recently fought the State Attorney’s Office tooth and nail when they attempted to obtain copies of the association’s official records. There’s no doubt that as a result of that one HOA, the following law was passed:   Read the article…………………………….

The law specifically provides that Board members have a fiduciary relationship with the owners and requires Board members to disclose conflicts of interest. However, the law does not specifically address acceptable (and unacceptable) behaviors for discharging these responsibilities. As such, a Code of Conduct for Board members is a good idea to have so that all Board members have a better understanding of their responsibilities as Board members and the limitations of their office.  Read the article…………………………….

I have been asked on a few occasions whether an association has to put insurance in the annual budget or whether it can just wait to determine the amount of the insurance, and specially assess for the same (without a line-item in the annual budget). Insurance costs have doubled, tripled or even quadrupled in the last few years. Many associations question, why put it in the budget when they have no idea what the actual amount will be?   Read the Q&A………………………………..

The issue of emotional support animals in pet-restricted communities is never-ending. Their presence seems to have multiplied by the influx of individuals relocating to Florida.  What was considered a “family pet” in the State of origin, suddenly became an emotional support animal in pet-restricted Florida communities. Understandably, individuals with family pets, now being represented as emotional support animals, want to have the animal with them everywhere on the property, including the pool deck     Read the article…………………………….

At some point, every building will require concrete repairs and restoration. If you’ve ever undertaken a concrete restoration project, you’re aware of the many challenges they entail: substantial costs, lengthy time delays, irritation over hurricane shutters, windows and doors, uncooperative owners and the potential for incidental damage.     Read the article…………………………….

Recent Florida legislation (HB1029 and SB1366) established the My Safe Florida Condominium Pilot Program designed to enhance the resilience of condominiums against hurricanes.  Effective on July 1st, 2024, the program provides licensed inspectors, grants, and guidelines for hurricane mitigation projects funded by $30 million in state funds.    Read the article…………………………….

While the Fair Housing Act (FHA) protects all citizens from discrimination on the basis of race, color, national origin, religion, sex, and disability or familial status (families with children under the age of 18 living with parents or legal guardians, pregnant women, and people trying to get custody of children under 18), there is an exemption under the Housing for Older Persons Act (“HOPA”).   Read the article…………………………….

In the realm of condominium associations in Florida, directors play a crucial role in decision-making processes. However, their actions must adhere to certain legal standards to ensure transparency and fairness. This article explores key legal cases and statutes that shape the landscape of director conflicts of interest in Florida condominium associations.    Read the article…………………………….

A recent opinion out of Florida’s Third District Court of Appeal stresses the importance to read, understand, and follow community association governing documents before initiating any amendments that alter the substantive rights of the association’s members, especially one as critical as the required vote to terminate an association altogether.       Read the article…………………………….

Condominium associations have various tasks that require them to interact with unit owners, such as collecting overdue fees or payments. These delinquent dues can impact all other unit owners, requiring the association to respond appropriately. Sometimes, sending notices can be enough to collect these fees, but other scenarios may call for further actions, such as placing a condominium assessment lien on the noncompliant owner’s unit.   Read the article…………………………….

House Bill 1203 and SB 7046 merged to eventually create a huge bill for the protection of homeowners in HOAs. It starts by placing lots of responsibilities on community association managers.  A community association manager or community association management firm that is authorized by contract to provide community association management services to a homeowners’ association must do all of the following:   Read the article…………………………….

Like the chicken and the pig, community associations can either be involved or committed when it comes to utilizing social media. However, an association takes a risk when it is just involved with social media as a passive participant. If an association is determined to protect itself from the potential pitfalls and legal risks of using social media, it must be committed.    Read the article…………………………….

A recent federal ruling has created some confusion for all those who have been following the new financial disclosure and filing requirements under the Corporate Transparency Act (CTA).  Earlier this month, the U.S. District Court for the Northern District of Alabama issued a final declaratory judgment in a case challenging the law that was brought by the National Small Business Association.  Read the article…………………………….

Ensuring the structural integrity of buildings is a primary concern for community associations in Florida, where climate and weather events can pose a significant threat to buildings and their residents. Structural Integrity Reserve Studies (SIRS) address this by offering crucial insights into a building’s condition and future maintenance needs, safeguarding buildings against potential damage and regular wear.   Read the article…………………………….

Pursuant to their relevant statutory provisions, election disputes that take place in condominium, homeowners’, and cooperative associations are subject to mandatory nonbinding arbitration before the Division of Florida Condominiums, Timeshares, and Mobile Homes (the “Division,” for short). It is referred to as “nonbinding” because the arbitrator’s order is not final until 30 days after its issuance, which provides time for either party in the dispute to challenge the decision to their local circuit court, which hears the case de novo (anew).   Read the article…………………………….

Florida lawmakers boosted repercussions against community association board members and managers who go rogue, including criminalizing kickbacks and hiding records.  This session, the House and Senate passed two condo and homeowners associations bills. They require Gov. Ron DeSantis’ signature to become final.   Read the article…………………………….

Solar panels are devices that convert sunlight into usable electricity. They have been gaining popularity in recent years as homeowners seek ways to reduce their utility bills, as well as their carbon footprints. A Florida homeowner is reportedly feeling frustrated, however, regarding solar panel installation on a roof. The Homeowners Association where the individual lives says installing solar panels will eliminate the roof’s warranty.   Read the article…………………………….

Lawmakers passed several bills related to homeowner and condo owner associations this year, but one 11th-hour change that didn’t make the cut is expected to make a return next year.  At issue are companies or individuals who contract with homeowner associations to advise on services such as broadband and cable TV, and then broker contracts with service providers.  Read the article…………………………….

The Senate Bill 4D Bill is a legislative measure enacted by the Florida State Legislature aimed at addressing various issues related to property insurance. Created to combat rising insurance costs and insurance market instability, this bill includes several provisions that can affect property owners, including condominium associations.   Read the article…………………………….

Wellness amenities can not only improve the health and happiness of your community members but can also drastically improve the property values and attraction to your neighborhood. As the leading HOA management company, Wise Property Management can provide the highest quality homeowners association management      Read the article…………………………….

A condo termination, also known as a condominium deconversion, refers to the process where a condominium association legally dissolves. Condo terminations occur for several reasons including economic factors, aging infrastructure, or the desire of unit owners to capitalize on real estate market conditions.    Read the article…………………………….

Living in a condominium or a homeowners association (HOA) community offers many benefits, from shared amenities to a sense of community. But what if suddenly a disgruntled resident files a lawsuit, a maintenance mishap makes headlines, or a heated disagreement escalates on social media.   Read the article…………………………….

Pursuant to their relevant statutory provisions, election disputes that take place in condominium, homeowners’, and cooperative associations are subject to mandatory nonbinding arbitration before the Division of Florida Condominiums, Timeshares, and Mobile Homes (the “Division,” for short). It is referred to as “nonbinding” because the arbitrator’s order is not final until 30 days after its issuance, which provides time for either party in the dispute to challenge the decision to their local circuit court, which hears the case de novo (anew).   Read the article…………………………….

EV charging in Florida condo buildings and communities is much more involved than having a charging outlet installed in the garage of your Single-Family Home.  Today we are doing an overview of Florida Condominium Owners Associations (COAs) allowing unit owners to install a dedicated charging outlet at their individual parking spaces, and/or the Association installing a shared charging station on the property for all owners to use.     Read the article…………………………….

Florida’s vibrant communities are not just defined by their picturesque landscapes; they are also shaped by the dedicated individuals who serve on the boards of community associations. Whether in homeowners’ associations (HOAs) or condominium associations, board members play a pivotal role in steering the community towards prosperity.   Read the article…………………………….

In the landmark case of the National Small Business Association et al. v. Janet Yellen et al., the United States District Court for the Northern District of Alabama the court found the Corporate Transparency Act (“CTA”) to be unconstitutional.     Read the article…………………………….

So The Florida Legislature is only in session for another four days. Over the next few weeks we want to educate you about the bills that passed both The Florida House and The Florida Senate. So here we go……..  Let’s start with an amendment to Florida Statute 720.303.      Read the article…………………………….

Each election season, condominium association members elect one or more directors to serve on the association’s Board of Di­rectors. Many members consider their options carefully, understanding the importance of the board and the impact its decisions have on each condominium owner. Each candidate should also consider the responsibilities before running for a board position. But, inevitably, life happens, and a once-enthused board member may become all but absent from the board—missing several meetings at a time. The net result is a board having, for all practical purposes, one less member than the Association chose, risking deadlocks when voting on motions or a failure to achieve quorum.   Read the article…………………………….

Records requests can become quite daunting when a board of directors is faced with a high volume of demands from unit owners asserting their right of inspection of the association’s official records.  Read the article…………………………….

In 2020, the Florida Third District Court of Appeal issued the IconBrickell decision that has had a profound effect on the way practitioners and developers think about the legal landscape of mixed-use properties throughout the state of Florida, particularly branded residential condominiums. In IconBrickell Condominium No. Three Association v. New Media Consulting, 310 So.3d 477 (Fla. 3d DCA 2020), the Florida appellate court held that the condominium declaration that governed the property rights of owners at the W Hotel in downtown Miami violated that Florida Condominium Act and needed to be reformed.    Read the article…………………………….

So many of our condominiums were built in the days that it was basically unheard of for a family to own more than one automobile. Many homes didn’t even own one automobile. As a result, the laws were a lot different than they are today and allowed a building to be built with far less parking spots than today’s laws require. In the 1960s, a 100 unit condominium building consisting of 1, 2 and 3 bedroom units could be built with as little as perhaps 105 parking spaces. That same building today may require 165 parking spaces. That’s an increase of 60 more parking spaces for the same exact building!   Read the article…………………………….

Each election season, condominium association members elect one or more directors to serve on the association’s Board of Di­rectors. Many members consider their options carefully, understanding the importance of the board and the impact its decisions have on each condominium owner. Each candidate should also consider the responsibilities before running for a board position.  Read the article…………………………….

Over the last several months, several questions concerning agendas have resurfaced. For ease of reading, I have listed some of these questions below with a shortened version of my responses.    Read the Q&A………………………………..

Carriers were quick to yank up insurance premiums when the first major hurricane in over a decade slammed Florida in 2017. Still, state and federal actions to mitigate the impact of climate change on housing infrastructure have been unrushed in the six years since.  Then, on June 24, 2021, when a 12-story beachfront condominium in the Miami suburb of Surfside disintegrated, killing 98 people, the sense of urgency kicked into high gear. This is despite the fact that the collapse was attributed to the building’s poor structural design and deferred maintenance and not a direct result of any particular weather event    Read the article…………………………….

A right to an emotional support animal has been a heavily discussed topic for years, especially for certain extreme requests involving the use of an exotic animal for emotional support purposes, or when there is a claim that the emotional support animal needs its own emotional support animal, in a relatively clear attempt to circumvent community pet restrictions.    Read the article…………………………….

The topic of defamation has become more prevalent as civil discourse has eroded. Unfortunately, sometimes it is the rare board member and/or manager who has not been subject to some form of potential slander or libel throughout their course of community association service.    Listen to the podcast…………………………..

Condominium and homeowners associations must consistently and uniformly enforce their covenants, restrictions, and rules and regulations as set forth in their governing documents. Most boards of directors and management are keenly aware of this. Nevertheless, situations arise where an association may not have been enforcing a particular provision for some time.  Read the article…………………………….

In Florida, condominium and homeowners associations are governed by Florida Statutes as well as an association’s declaration of condominium (or declaration of covenants and restrictions in the case of a homeowners association), as well as the association’s articles of incorporation, bylaws, and rules and regulations.   Read the article…………………………….

Declarations of Covenants and Restrictions (the “Declaration”) of homeowners’ associations commonly contain restrictions on what items residents may maintain on their lots. For example, these restrictions may prohibit recreational vehicles, boats, or trailers on any lot unless they can be fully kept out of sight within an enclosed garage.  Read the article…………………………….

The election is over, and you have earned a coveted seat on your condominium association’s board of directors. Now what? This helpful guide will provide you with a “CliffsNotes” version of important things to remember as you embark on your journey as a director.   Read the article…………………………….

Alternatively, if an association has planned ahead, the association’s board and management can turn to their handy dandy maintenance matrix! A maintenance matrix is a compilation of the maintenance, repair, and replacement responsibilities in a clear and concise chart which depicts the specific assignments for each component. A maintenance matrix is prepared by reviewing all of the governing documents and the statutory defaults in advance so that it can be referred to when questions arise about responsibilities.   Read the article…………………………….

In the realm of condominium associations in Florida, directors play a crucial role in decision-making processes. However, their actions must adhere to certain legal standards to ensure transparency and fairness. This article explores key legal cases and statutes that shape the landscape of director conflicts of interest in Florida condominium associations.    Read the article…………………………….

Understanding the roles and responsibilities of effective condominium and HOA board members is critical. Community association directors should always be scrupulous and dedicated volunteers who wish to do their part for the effective administration and oversight of their enclave.   Read the article…………………………….

It seems the growing trend is that tempers flare so much faster than in days gone by. One of the more difficult situations to deal with is when a cantankerous member of the association goes out of their way to make life miserable for their neighbors and/or their board.  Read the article…………………………….

This Q&A report looks at the federal response. FEMA coordinated response and recovery efforts, including assistance for survivors and victims’ families. The National Institute of Standards and Technology is investigating the technical cause of the collapse and plans to issue a report in 2025 that may recommend changes to improve the structural safety of buildings.  Read the article…………………………….

In the transactional world of resale of residential condominium units the statutory three business-day condominium-review period will be taking on new elements for consideration. These additional considerations will be very important in analyzing the potential costs of ownership of a condominium unit.Read the article…………………………….

The Florida legislature’s confusing rollout of board member term limits for condominium association directors created many initial questions about how and when the term limits applied. Some directors still have lingering questions and uncertainties, so hopefully, this article will help to resolve those.Read the article…………………………….

On October 1, 2023, House Bill 919, also known as the “Homeowners’ Association Bill of Rights” took effect. This comprehensive bill provides several crucial changes related to the removal of homeowners’ association (“HOA”) officers and directors, fines and suspensions for violations of the declarations, bylaws, or rules of the HOA, as well as new requirements for the comingling of funds, official records requirements, and board meeting notices. Read the article…………………………….

There are many luxury condominiums and subdivisions in Florida. These dwellings are popular among those who are commonly referred to as “snowbirds,” which are people who live in states north of here for most of the year, then come to Florida when winter hits their hometowns. The snowbird community lives right alongside full-time residents in communities governed by a Homeowners Association. This past October, new HOA laws were enacted that enhance protection of homeowners’ rights.Read the article…………………………….

A recent Florida case highlights the importance of strictly complying with every provision of a purchase and sales agreement, including the condominium rider. In the case of Bydalek v. Saenz (2023), the Buyer provided the Seller with his notice of his intent to cancel the purchase and sales agreement, nine days after the scheduled closing. The Buyer’s position was that the Seller failed to provide him with the condominium documents, citing the statutory language within a condominium rider, the Court confirmed that the Buyer’s right to void a purchase and sales agreement had not terminated.   Read the article…………………………….

We are writing to inform you that the Corporate Transparency Act (“CTA”) will become effective on January 1, 2024, for all new entities (as defined below) filed on or after the beginning of next year and will become effective on January 1, 2025, for all currently existing entities, (with entities being defined as any entity created or registered by the filing of a document with the secretary of state or similar office of a state) unless otherwise exempt by the CTA or its regulations.   Read the article…………………………………

With neighbors living in close proximity to each other, all mutually bound by set rules and edicts, communities with associations are oftentimes fertile ground for spats and disputes. The best boards of directors and property managers understand that disputes between owners may arise from time to time and should strive to settle them as reasonably and quickly as possible in order to promote community harmony and quality of life.   Read the article…………………………….

The 2023 Florida legislative session addressed a wide variety of issues impacting community associations. The longest bill impacting community associations became 2023-203, Laws of Florida. The amended statutes changed, clarified, or corrected provisions created by the laws approved in 2022, Senate Bill 4-D, which became Chapter 2022-269, Laws of Florida, commonly referred to as “SB-4D.”   Read the article………………………….

When you move into a community with a homeowners’ association, you must agree to adhere to the terms of the neighborhood covenant. Each HOA is different, and the specific rules that may apply to you depend on your individual community.     Read the article…………………………..

Complying with the Federal Corporate Transparency Act may surprise many Florida Corporations, including many Condominium and Homeowner Associations. In 2021, as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Federal Government passed a Federal law called the Corporate Transparency Act (the “CTA”).    Read the article………………………………….

As the year draws to a close, we at Wise Property Management understand the importance of ensuring that associations are well-prepared for the upcoming year.  Year-end maintenance helps to ensure that communities are not only well-maintained but also compliant with legal regulations   Read the article…………………………..

We all know what the cost of insurance is doing to our way of life. In most condominium associations, the cost of windstorm and peril insurance has tripled over the past few years, if not quintupled. And from what I am being told, there is no end in sight. God forbid another major storm hits and the insurance companies have to shell out another couple of billion. The cost of insurance would go up even more.   Read the article……………………………….

Well, folks, another hurricane season in Florida has come and gone, leaving us with nothing but a collective sigh of relief and the looming specter of potential disaster. In the spirit of commemorating the official end of hurricane season, I urge you to take a moment to reflect on your condo association’s insurance choices.   Read the article………………………………

(Real Estate Issues) Tenants rights, investment caps, document requirements and other legal specifics aimed at community associations.   Read the article…………………………….

Surfside Condominium collapsed in June 2021 with $1 billion in property damage and 98 deaths. In May, 2022 Florida’s legislature amended statutes and adopted laws to require structural inspections and reserves for condominiums if three stories or more in height. The legislature amended the statutes in 2023. Many condominiums will find meeting the new statutory requirements expensive. Those expenses will be borne by unit owners.  Read the article…………………………….

Tenants rights, investment caps, document requirements and other legal specifics aimed at community associations.   Read the article……………………………….

The article, which is titled “Real Estate Counselor: Association Leaves Too Many Unanswered Questions in News Report on 300% Increase,” focuses on a recent report by Orlando’s CBS News 6 (www.clickorlando.com) on a brewing dispute at the city’s popular Baldwin Park community. It reads:    Read the article…………………………….

Unless you share similar political views, your neighbor’s front yard sign supporting a favorite political candidate may be upsetting. Can a Florida community association demand the sign’s removal? A well-crafted and properly adopted board rule prohibiting all signs, as compared to just prohibiting political signs, is likely enforceable with this caveat.   Read the article…………………………..

Section 720.3045, Florida Statutes was created during the recent legislative session as part of House Bill 437. This section prevents associations from restricting the installation, display and storage of “any item” on a parcel that is not visible from the parcel’s frontage or an adjacent parcel, unless same are prohibited by general law or local ordinance.   Read the article…………………………….

As the holiday season approaches, it is a good time for associations to consider its authority regarding outdoor holiday decorations. Every community is different, and opinions vary about when the holiday decorations should be put up and “how much” is “too much.” Some people want to start decorating for the holidays on November 1, while others think that you should at least wait until after Thanksgiving.   Read the article……………………………..

When faced with a reoccurring issue in a condominium, the Board of the Directors may want to consider implementing a restriction as a long term solution to the problem. For example, after increasing complaints of loud music at late hours, the Board of Directors may consider a restriction as to when and to what extent music can be played at the condominium.    Read the article……………………………….

Through the years Florida’s community associations have relied upon the court decisions that had routinely agreed that the provisions of Florida Statutes that expressly authorize an association to entitlement to an injunction (i.e., a judicial order requiring a person to take action) superseded the common law standard of the requirement that there be no adequate remedy at law before a party could seek an injunction.    Read the article………………………………

Many communities with associations are replete with activities, private gatherings and general good cheer during the holiday season. To help make this most special time of the year as joyful and harmonious as possible, associations should make considered and intelligent decisions and preparations.    Read the article…………………………………

The elevator is one of those inventions—along with running hot and cold water and indoor plumbing—that have been around for so long we take it for granted. But elevators obviously weren’t always a part of the architectural landscape. Without them we’d still be living in a world of six-story buildings (maybe seven for the strong-legged), and we’d be climbing stairs all day long.    Read the article………………………………

In 2017, a Boston couple were brutally murdered in their penthouse apartment in a high-end condominium building. The murderer, the former employee of a company that supplied concierge services to the condo, had worked there, and so knew the ins and outs of the building—including some serious gaps in the property’s security that both the board and manager were aware of, but had done nothing to address.    Read the article……………………………

A recent survey of nearly 700 community association managers and board members conducted by the Foundation for Community Association Research found that more than 66 percent of the communities represented in the survey already have or are committed to building pickleball courts. However, of those communities that are embracing and incorporating the fast-growing sport, nearly 58 percent have implemented limitations and restrictions.    Read the article…………………………….

The tragic collapse of the Champlain Towers in Surfside, Florida occurred on June 24th, 2021 killing 98 innocent men, women and children. I was there a few days later staring at mounds of rubble and thinking that entire families were buried under there. Little kids. Babies. It was too much.  The following year, The Florida Legislature then went into session and I certainly assumed there would be new safety laws passed that ensured a collapse of a building never happens again.   Read the article……………………………

Through the years Florida’s community associations have relied upon the court decisions that had routinely agreed that the provisions of Florida Statutes that expressly authorize an association to entitlement to an injunction (i.e., a judicial order requiring a person to take action) superseded the common law standard of the requirement that there be no adequate remedy at law before a party could seek an injunction.     https://rembaumsassociationroundup.com/2023/11/03/is-it-time-to-consider-removing-an-associations-right-of-self-help-to-cure-an-owners-violation-from-the-declaration/

With Florida legislation shifting frequently, condo and HOA boards should be aware of the various new laws adopted by the State of Florida that are likely to impact how their communities function or otherwise operate. The following is a short summary of several of the recently adopted bills that focus on governance in associations:    Read the article……………………………..

Florida’s Fourth DCA has affirmed a county court’s final judgment foreclosing a lien in favor of Deer Run Property Owners’ Association (the Association) awarding more than $87,000 for delinquent assessments, interest, late charges, costs, and attorneys’ fees.   Read the article………………………..

In Florida, significant changes to insurance regulations have taken effect as of December 2022, with the implementation of Senate Bill 2A. This comprehensive bill addresses several critical areas, including flood coverage disclosure, assignment of benefits, prompt pay laws, and, notably, mandatory binding arbitration limitations for insurance claims. This blog focuses on the provisions related to mandatory binding arbitration in property insurance contracts.    Read the article……………………………..

A new Florida law that was enacted earlier this year and is now in effect addresses the storage, installation or display of certain items in the backyards of homes located within HOA communities.   Read the article……………………………

Solar power is gaining traction as a common source of meeting Floridians’ electricity needs. In most cases, homeowners capture solar energy through the installation of roof mounted solar panels. Though readily accessible to most, solar panels are often unsightly and are a topic of concern and debate in community associations.   Read the article……………………………

Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association and to refrain from obtaining or accepting personal benefits at the expense of the association.     Read the article……………………………

When did you last take a close look at your investment account statements, have a meaningful discussion with your financial advisor or broker, or reassess your investment goals and time horizon due to changing circumstances or major life events?   Read the article…………………………

The property insurance crisis in Florida is causing significant upheaval among the state’s HOAs and condominium associations. While they are paying the highest premiums in the country for coverage, more than 15 insurers have left the state in recent years. Citizens Property Insurance, the state-backed “insurer of last resort,” is Florida’s largest property underwriter, and it and the state’s other carriers insist that the risks from hurricanes and climate change are too much for them to bear.      Read the article……………………………..

Living in close quarters can—and often does—lead to conflict. In co-op, condo, and HOA communities, conflict can occur between residents, or between a resident and the board. And to complicate matters, a seemingly isolated conflict between residents may spill over to become a conflict between resident(s) and the board. What’s the key to resolving differences?    Read the article…………………………………….

More than 2 million Floridians live in condos subject to a new reinspection law passed in the wake of the 2021 Champlain Towers South collapse. For some, the price of keeping safe might cost them their homes.   Read the article……………………………….

It often takes a crisis for society and government to react. Whether it be seat belts, smoking, or building safety, unfortunately, catastrophe can move the needle toward addressing public safety issues. This paper explores the events leading up to Florida statute 2023-203, the steps that impacted owners/developers/managers can take to ensure compliance, and how experts can help.    Read the article………………………………..

Limited common elements in Florida condominiums, as defined by the Florida Condominium Act, refer to common elements exclusively reserved for the use of specific units or groups of units, as outlined in the condominium’s declaration. This definition highlights that limited common elements represent a subset of common elements. Examples of what might be designated as limited common elements in the declaration include parking spaces, storage units, balconies, or patios.    Read the article………………………………..

This week we will start our annual review of the legislative changes that impact community associations. On May 25, 2023, this column summarized SB 154, the “glitch bill” regarding structural inspections and reserves. SB 154 was signed by the Governing and is now effective.   Read the article……………………………..

……… focuses on the takeaways for community associations from a recent Miami-Dade Circuit Court ruling on the importance of avoiding restrictions against residents’ use of common elements that are necessary for them to access their unit.     Read the article………………………………

Running a residential Owners Association in Florida is a business, not a social function. Condominium and Homeowners Associations are corporations structured similarly to well-known public and private companies in which the Board of Directors has specific responsibilities and obligations.   Read the article…………………………….

What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members?   Read the article…………………………………….

Florida’s new “Homeowners’ Association Bill of Rights” (HB 919) law presents important changes for HOA communities and their boards of directors. The law, which only applies to HOAs and goes into effect on Sunday, Oct. 1, focuses on transparency and accountability, with provisions addressing kickbacks, conflicts of interest and fraudulent voting activities.   Read the article…………………………….

Miami-Dade County is known for its stunning beaches and coveted coastal condominium communities. However, with the charm of these residences comes the responsibility of maintaining their structural integrity. After legislators passed rigid condominium safety reforms, many Floridians have been left wondering how they’ll be able to afford the special assessments coming their way. For Miami-Dade County residents, a lifeline has been extended to owners facing the financial burden of essential repairs and rehabilitation through The Condominium Special Assessment Program.    Read the article…………………………..

The federal Fair Housing Act bars community associations from refusing reasonable accommodations to their rules or policies requested by disabled owners to enable them to enjoy the full use of their residences. Requests for accommodations that represent fundamental changes to associations’ existing policies, or those that infringe upon the rights and privileges of other owners, in some cases may not qualify as reasonable under the requirements of the Act and may be negated.   Read the article………………………………

In Florida, homeowners’ associations (“HOA”) are governed by Florida Statute Chapter 720. That chapter is known as the “Homeowner’s Association Act” (the “Act”). The Act governs issues ranging from member assessments to arbitration to conducting meetings. The Act is constantly evolving, and HOA board members, HOA property owners, and HOA property managers should review the Act periodically.   Read the article………………………….

What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members?  Read the article……………………………..

The new law, SB 154, passed in 2023, the following language was enacted, “In a budget adopted by an association that is required to obtain a structural integrity reserve study, reserves must be maintained for the items identified in paragraph (g) for which the association is responsible pursuant to the declaration of condominium, and the reserve amount for such items must be based on the findings and recommendations of the association’s most recent structural integrity reserve study.    Read the article………………………..

While there has been a lot of buzz about changes made in the 2023 Florida Legislative Session to laws affecting our Association clients, one potentially important change has been largely overlooked. The seemingly innocuous flag bill – House Bill (HB) 437 — creates the new Florida Statute 720.3045 prohibiting homeowners’ associations from regulating certain backyard storage.   Read the article………………………..

Florida Senate Bill 154 has been signed into law and brings significant changes to Structural Integrity Reserves (SIRS) studies, a crucial element in ensuring the safety and long-term maintenance of condominium buildings across the state. These updates address various aspects, from who can perform the inspections to what needs to be included in the reserve studies.    Read the article………………………..

On June 9, 2023, Gov. Ron DeSantis signed into law Senate Bill 154 (SB 154), which seeks to address select issues from the Florida Condominium Act, SB 4D. All of these measures are intended to mitigate and prevent potentially devastating incidents, including building collapses. Condominium safety laws center around inspection requirements, mandatory reserves and more transparency for unit owners and prospective unit owners on information regarding the condition of the buildings.   Read the article………………………..

HOAs have common areas as do condo associations, and the answer to “Who owns them?” varies under Fla. law and even from association to association.   Read the article………………………..

We recently held an educational webinar with Steve Mason from Altieri Insurance Consultants to discuss the do’s and don’ts of handling insurance claims.   Watch the webinar…………………………..

What duty does a community association board member owe to their association? What happens if that duty is breached? During the 2023 legislative session, legislation was proposed that would have made directors criminally liable for failure to timely respond to official record requests, among other provisions.  Read the article………………………..

With all the new laws, especially for buildings three stories in height or higher, along with reserve funding requirements, condominium living has just gotten a lot more expensive. With only one steady source of income, namely the assessments paid on a monthly or quarterly basis from unit owners, sometimes those funds are just not enough to cover everything the association needs, especially if you now must make expensive repairs to your property.   Read the article………………………..

Victims of a tornado that hit the Kings Point senior community near Delray Beach last year are still picking up the pieces.  “We were the unfortunate few that got hit the hardest,” condo owner Richard Martin said.    Read the article………………………..

Electric golf carts are not permitted in my 1200-unit condo complex in Florida. Partially, it’s because the roadways are too narrow — the Gulf Oil developers in the 1970s never envisioned that their oceanfront investors getaway would evolve into an owner-managed association.   Read the article………………………..

If you are living in a homeowners association you probably know that the Association cannot prohibit the installation of solar panels (or “solar collectors”). But what about a request to install such devices on the roof of a condominium?   Read the article………………………..

Heat events are no longer isolated occurrences; they’re becoming a norm. For multi-residential building association boards and management teams, this poses unique challenges and liabilities.   Read the article………………………..

Trick question. The answer depends on whether you live in a Condominium Association or a Homeowners Association.  In Florida, these 2 types of residential Owners Associations function and are regulated in very different ways.    Read the article………………………..

The Marketable Record Title Act’s (MRTA) purpose is to extinguish old interests and use restrictions on lands and to allow for land sales to be completed more easily and with less expense. Unfortunately, aged homeowners’ association covenants are amongst the interests that can be extinguished by MRTA, and preventing such extinguishment is a very important responsibility for homeowners’ association directors.    Read the article………………………..

Board members I’m telling you now……..be careful. I’m seeing it already. Unit owners are starting to freak out over the passage of huge assessments to cover the costs of mandatory inspections, mandatory repairs and massive increases in insurance rates.   Read the article………………………..

The following portions of the original law have been modified and now only relate to residential condominiums (including mixed use), that are three (3) stories or higher per FL Building Commission:   Read the article………………………..

Numerous homeowner associations have declarations, covenants, conditions, and restrictions for the storage items on their property, regardless of where the items are stored and whether such items are visible to third parties. Such storage items may include boats, trailers, sheds, construction equipment, and junk.   Read the article………………………..

There are many benefits associated with living in a community with a governing body. This group oversees the maintenance of common areas and protects the property values of residents. However, there are times when an HOA can overstep its bounds or take steps that result in a conflict with residents. Recently, a dispute between a Florida HOA and community homeowners escalated to the point where the matter went to court.    Read the article………………………..

Last week was a primer on how foreclosures generally work and how banks get off the hook when they get back a unit when they foreclose on an owner’s unit or home. We learned that the banks are protected by the law because they only owe a few bucks to the association when they get title to the unit or home despite the fact that the owner owes a fortune to the association.    Read the article………………………..

A condominium association in Florida is required by law to “use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the condominium property, which must be insured by the association pursuant to this subsection.” §718.111(11), F.S. While condominium associations are required to use their best efforts to obtain adequate insurance, there is no such requirement to actually use said insurance, despite the intention of the legislature in having enacted Section 718.111(11).      Read the article………………………..

An individual owner files an application to the association for an EV Charger in a designated parking space. Did you know by law, that if the Board does not respond in 60 days the application is deemed approved and owner can proceed with an installation for their exclusive use?   Listen to the audio………………………..

In 1989, in the wake of a series of serious injuries caused by pit bulls, most notably the mauling of a 7-year-old girl and her mother, Miami-Dade County adopted an ordinance making it illegal for residents to own or keep an American Pit Bull, American Staffordshire Terrier, Staffordshire Bull Terrier, or any other dog whose characteristics closely resemble those of the pit bull breed.   Read the article………………………..

On October 1, 2023, a groundbreaking legislative decision will take effect, ending the ban on pit bulls and other prohibitions in Florida that restrict dogs based upon breed, weight or size. With this new development, many community associations that previously relied on local ordinances to restrict ownership of specific dog breeds such as pit bulls will need to consider making changes to their governing documents should they wish to continue enforcing such restrictions.   Read the article………………………..

Florida Statutes provide boards with broad emergency powers in response to damage, injury or public contagion caused by or anticipated in connection with an emergency for which “a state of emergency” is declared. The Governor of the State of Florida must have declared a “state of emergency” in order for an association to utilize the statutorily prescribed emergency powers.   Read the article………………………..

Maintaining community standards and preserving property values are vital aspects of creating a harmonious living environment. Deed restriction enforcement plays a crucial role in achieving these objectives, ensuring that community associations adhere to the community’s established guidelines.   Read the article………………………..

On June 12, 2023, Governor DeSantis signed into law House Bill 919 (2023), the “Homeowners’ Associations Bill of Rights,” which amends Chapter 720, Florida Statutes, in several meaningful ways, including:   Read the article………………………..

This week we conclude our review of relevant legislation from the 2023 Legislative Session. Previously we reviewed the bills that directly impact community associations through amendments to the community association’s statutes, including Chapter 718, the Florida Condominium Act and Chapter 720, the Florida Homeowners’ Association Act. This week we review legislative changes to other statutory provisions that have relevance to community associations.    Read the article………………………..

I get so many calls and e-mails each week about whether the condominium or the unit owner is responsible to fix something that’s broken. Florida Statute 718.113 was recently amended and here’s what it says:  Read the article………………………..

Insurance carriers are like the Cheshire Cat. They lure customers with catchy advertisements, and then issue policies filled with complex and confusing terms. After major losses, they arrive on the scene, then suddenly disappear, citing one or more policy exclusions in complex terms, a la the Cheshire Cat.   Read the article………………………..

Disputes and disagreements between board members, residents, community managers, staff members, and business partners are an inevitable part of living in a community association. While generating an atmosphere of kindness and respect might seem easier said than done, it can make for a more collaborative and positive environment for all. Being nice can really pay off.   Read the article………………………..

On June 9, 2023, Governor DeSantis signed into law Senate Bill 154, which substantially modifies statutory safety and reserve requirements previously enacted in response to the collapse of the Champlain Towers South condominium. Existing statutory requirements were discussed in a prior blog post. Senate Bill 154 took effect immediately and makes the following primary changes to the current safety and reserve requirements:   Read the article………………………..

This week we continue our review of the legislative changes concerning community associations. In our last column, we were reviewing the changes to Chapter 720, Florida Statutes in HB 919, the Homeowners’ Association Bill of Rights. In this column, we will finish our review of HB 919 and review HB 437 concerning the display of flags in community associations.    Read the article………………………..

While condo owners are now dealing with mandatory inspections, mandatory repairs and mandatory reserve accounts, both condo and HOA owners are facing the joint monumental problem of staggering increases in property insurance and the lack of choice among insurance companies. Our sponsor Greg Waltz sent me an article recently that is simply mind blowing and frightening. I’m sharing it with you.  Read the article………………………..

The mere mention of special assessments can keep new and veteran agents up at night. All too frequently, there is a misconception about what they are and, more importantly, how to address them. With the recent passage of laws further regulating condominiums and condominium associations still contracting for repairs from Hurricane Ian last year, it is no surprise that special assessments have become an even hotter topic for realtors and their customers.   Read the article………………………..

You’ve all heard the terms Resolution and Amendment, but do you understand the differences between the two? These are two terms we hear often and refer to how boards make their decisions regarding their community.  Read the article………………………..

On June 28, 2023, the Florida Governor Ron DeSantis signed into law Senate Bill 250 (see Chapter 2023-304, Laws of Florida), which makes various amendments throughout the Florida Statutes regarding the preparation and response activities of state and local governments when natural emergencies impact the state. Supporters of Senate Bill 250 (the “Bill”) believe the Bill will help Florida to better recover from Hurricanes Ian and Nicole and be better prepared for future natural emergencies.   Read the article………………………..

Understanding the laws that govern homeowners and condominium owners associations is crucial for both board members and owners. These laws encompass various aspects of COA and HOA activities, such as board meetings, association fees and the multitude of responsibilities that HOAs and COAs must fulfill.   Read the article………………………..

In continuing with our overview of the legislative changes from the 2023 legislative session which impact community associations, this week’s column will review HB 919, titled as the “Homeowners’ Association Bill of Rights.” HB 919 was approved by the Governor on June 12, 2023, and becomes effective on October 1, 2023.    Read the article………………………..

Every year community associations watch for legislative changes to the general statutes that govern community associations, including Chapter 718, Florida Statutes, for Condominium Associations; Chapter 719, Florida Statutes, for Cooperative Associations; and Chapter 720, Florida Statutes, for Homeowners’ Associations. However, changes to other parts of the Florida Statutes can have important, substantive effects on community associations as well. Section 8 of HB 837, creating Section 768.0701, Florida Statutes, is one such change.   Read the article………………………..

Senate Bill 360 was signed into law on April 14, 2023. The Bill imposes various changes that will impact both homeowners and community associations. Attorney Barry Ansbacher discusses these changes in an article  Read the article………………………..

This week we will start our annual review of the legislative changes that impact community associations. On May 25, 2023, this column summarized SB 154, the “glitch bill” regarding structural inspections and reserves. SB 154 was signed by the Governing and is now effective.   There are several other bills that will apply to community associations, some directly, some tangentially.     Read the article………………………..

In South Florida, water and mold damage seem to be one of the most common complaints by Condominium Owners against their Associations. Most cases begin with water intrusion due to the Association’s failure to maintain the roof and the roof elements which can include the drainage system.   Read the article………………………..

It’s that time of year again. As the days get longer and the weather gets hotter, we know that hurricane season is fast approaching. Therefore, this is a good time to review some of the “best practices” to prepare for and protect the association in the event a hurricane comes our way.   Read the article………………………..

The Florida statues governing community associations often provide timeframes for notice to owners before the association can proceed with action, including passage of special assessments, adoption of fines and collections. While some statutory sections allow for “substantial compliance” with the statutory requirements, associations should be aware that the statutory timeframes require “strict compliance.” This means that any deviation from the statutory timeframes will result in the association’s actions being unsuccessful and subject to challenge from owners.    Read the article………………………..

Every community is different in the specifics of your Hurricane/Disaster Plan, but one thing is certain, if you are in Florida, you will need one at some point.  Your plan will most certainly differ from community to community, but there are some things that all communities should think to put in it.   Read the article………………………..

Florida condominiums always had the obligation to provide for the safety of its owners, residents and guests when it came to preventing crime in the community. The condominium association was negligent if it knew or should have known about prior crimes in the community or surrounding areas, and failed to take reasonable safety measures to prevent future crimes   Read the article………………………..

Numerous condominiums and homeowner associations have Governing Documents, or rules and regulations that regulate leasing, including restriction to whom owners may rent. Many associations base their decisions on the results of a criminal background check or on a potential renter’s disclosure of criminal history on a rental application.   Read the article………………………..

Recent years have seen more and more drivers adopting golf carts and low-speed vehicles as alternative modes of transportation in and around, and even outside, their communities. No longer relegated to the greens, sand traps, and clubhouses within a community, Florida has adopted several laws to regulate these vehicles when it comes to public streets and highways.  Read the article………………………..

Florida laws governing community associations require notice of meetings to encourage owner participation. Here is a helpful guide summarizing the notice requirements under statute; however, this guide is not intended to be all inclusive and is only for general reference.  Read the article………………………..

What would you do if you found yourself in the eye of a devastating hurricane? This week, our guest and Becker Shareholder, Joseph E. Adams, sits down with Donna DiMaggio Berger and relives this very question when he rode out Hurricane Ian in his home on Fort Myers Beach. In this gripping episode, Joe shares his harrowing experience and provides valuable insights into preparing for and recovering from such catastrophic events.   Listen to the podcast……………………….

The right of the people to carry and bear arms without governmental infringement is a right which stems from both the United States Constitution and the Constitution of the State of Florida. The State of Florida recently adopted new gun legislation, effective July 1, 2023, which allows the everyday citizen to carry a concealed weapon without first obtaining a concealed weapons permit. This raises interesting questions for community associations such as, is the right to carry a concealed weapon absolute?   Read the article………………………..

There is no shortage of information on the recent changes to Condominium Legislation, or the FR/BAR Rider related to Condominiums that was just updated in March. However, we recently discussed the upcoming changes in our blog post here. Since then, Senate Bill 154 has been introduced.    Read the article………………………..

Sometimes HOAs are simply forgotten about when it comes to new laws. There’s usually a hands off approach by The Florida Legislature. Not this year. This year a new act was created called the “Homeowners’ Associations Bill of Rights.” Florida Statute.303.   Read the article………………………..

Westchase falls under the jurisdiction of federal, state and county governments. In addition, the community is governed by two entities: the Westchase Community Development District (CDD) and the Westchase Community Association (WCA). A number of Westchase neighborhoods also lie within sub-homeowners’ associations.  Read the article………………………..

Governor DeSantis signed the much anticipated Surfside Glitch Bill, SB 154, into law earlier today. This lengthy law will be the subject of future Becker webinars and classes as well as be featured in our 2023 Legislative Guidebook along with more than a dozen other bills that passed this Session which may impact your community.  Read the article………………………..

Earlier today (June 9, 2023), Governor DeSantis signed into law Senate Bill 154 (SB 154). Seen by many in the industry as a “glitch bill,” SB 154 is a legislative measure aimed at addressing and resolving certain issues that emerged from the previous legislative session’s SB 4D.    Read the article………………………..

On June 9, 2023, Governor DeSantis signed Senate Bill 154 (“SB 154”) into law. This was the highly anticipated “glitch bill” to address technical issues with Senate Bill 4-D (“SB 4-D”) – last year’s controversial legislation in response to the collapse of Champlain Towers South.   Read the article………………………..

I can’t tell you how may fights I have been involved in regarding flags other than the U.S. flag flying above someone’s home and the fact that someone put down fake grass or stored a boat, that nobody can see, in their backyard. Well, here’s a new statute that solves both of those problems:   Read the article………………………..

Earlier today (June 9, 2023), Governor DeSantis signed into law Senate Bill 154 (SB 154). Seen by many in the industry as a “glitch bill,” SB 154 is a legislative measure aimed at addressing and resolving certain issues that emerged from the previous legislative session’s SB 4D.  Read the article………………………..

The Champlain Towers South disaster in Surfside, Florida, in June 2021, was just that. A disaster. In one of the worst building collapses in U.S. history, 98 residents lost their lives in the middle of the night in a building they thought of as their secure home.  The facets of this story are deep and tangled, creating myriad complexities and viewpoints.   Read the article………………………..

Florida’s Second District Court of Appeal recently reversed an order which granted the Villages of Bloomingdale Homeowners Association’s (the Association) motion to reform its declaration to encompass residential properties that were constructed and sold after the declaration was recorded and which properties were not originally encumbered by the declaration. Hogg v. Villages of Bloomingdale I Homeowners Ass’n, Inc., No. 2D21-3724, 2023 WL 2542132, at *1 (Fla. 2d DCA Mar. 17, 2023).     Read the article………………………..

In the vibrant and ever-expanding state of Florida, a prosperous career in community association management awaits those ready to embrace the challenge. As a Community Association Manager (CAM), you’ll play a pivotal role in managing small communities, overseeing their financial health, and ensuring smooth operations.  Read the article………………………..

Most community associations in Florida operate with the assistance of outside vendors. As such, many community associations do not have in-house staff to pressure wash sidewalks or maintain the elevators. Communities often have a compilation of contracts with multiple vendors ranging from one-page estimates with no contractual provisions other than price, to lengthy contracts with exhibits and many pages of small print.   Read the article………………………..

SB 154 – is a long bill. Here are the final new laws: 1. The association shall provide for the maintenance, repair, and replacement of the condominium property for which it bears responsibility pursuant to the declaration of condominium.    Read the article………………………..

The start of hurricane season is here, but many Southwest Floridians are still fighting their insurance companies about their Hurricane Ian claims more than eight months later. The Insurer Accountability Act aims to bring more balance between the consumer and the insurance industry.   Read the article………………………..

The Florida Condominium Act defines limited common elements as those common elements that are reserved for the use of a certain unit or group of units, as specified in the declaration of the condominium. This definition indicates that the limited common elements are a subset of the common elements.   Read the article………………………..

Flags serve as a powerful symbol of a nation, its ideals, and its people, and their display is community associations is addressed under State law.   Read the article………………………..

Again, in a budget adopted by an association that is required to obtain a structural integrity reserve study, reserves must be maintained for these items:   Read the article………………………..

These Florida statutes and regulations are essentially guidelines outlining the proper legal conduct of HOA and condominium association boards, especially during meetings. These laws were put into effect to ensure transparency, accountability, and effective communication between property management companies and association members, and residents.  Read the article………………………..

On March 24, 2023, and April 13, 2023, Governor Ron DeSantis signed House Bill 837 and Senate Bill 360 into law, respectively. These new legislative amendments change Florida’s litigation landscape by shortening the statute of limitations for general negligence claims and the statute of repose for construction claims and altering the potential triggering events for commencement of the statute of limitations and repose periods.   Read the article………………………..

Consisting of what I would categorize as relatively minor changes to the sweeping building inspection and reserve laws enacted in 2022, here is a look at Senate Bill 154, which will become law upon signature by the Governor:   Read the article………………………..

Structural integrity reserve study.— A residential condominium must have a structural integrity reserve study completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height as determined by the Florida Building Code which includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building:   Read the article………………………..

You might be one of many Florida residents who live in a townhome, condominium or other community governed by a Homeowners Association. You probably already know that there are benefits as well as downsides to such arrangements. Numerous issues can spark HOA problems, which often involve more than one community resident.   Read the article………………………..

Florida laws governing community associations require notice of meetings to encourage owner participation. Here is a helpful guide summarizing the notice requirements under statute; however, this guide is not intended to be all inclusive and is only for general reference.   Read the article………………………..

Foreclosure is a legal process aimed at recovering the outstanding loan balance by selling the property used as collateral. This process can be a particularly challenging experience for homeowners in Florida especially those who are unfamiliar with how foreclosure works. The length of a foreclosure procedure can depend on the complexity of the case and the actions of the lender.  Read the article………………………..

Over the next few weeks, we will be blogging about the new laws The Florida Legislature passed, as they relate to Florida Condominiums and HOAs. Today, let’s start with the bill that was supposed to clear up all the glitches in the prior bill regarding milestone inspections and reserve studies.      Read the article………………………..

I open my iPhone one morning and read “Partial Building Collapse Near Miami.” Immediately, there’s a pit in my stomach. Sometime after midnight, sporadic tremors vibrating through a 12-story structure groaned, popped, then coalesced into a massive implosion. Half a residential block fell in seconds. The scene resembles a missile strike:   Read the article………………………..

As a board member, you understand the importance of protecting your property and maintaining its value. One critical component of this protection is insurance coverage. Condo and community association insurance is designed to cover claims or losses that can impact your community, from property damage and liability claims to natural disasters and other unexpected events.   Read the article………………………..

It is surprising to hear from so many community association board members and managers looking to protect their community association that, when asked if they require all vendors to have workers’ compensation insurance as a required term in all of their contracts, it can be like looking at a deer in the headlights.    Read the article………………………..

When a community gets turned over from developer control to unit owner control, the unit owners typically hire experts to determine whether or not the developer has breached their warranty by turning over the property with construction defects. This year, on April 13, Gov. Ron DeSantis signed Senate Bill No. 360 into law wherein the legislature just reduced your right to sue the developer for construction defects and Florida Building Code violations.  Read the article………………………..

Governor DeSantis recently signed Senate Bill 360 into law. This law’s stated purpose is to curtail frivolous construction defect lawsuits by significantly reducing the amount of time parties have to bring such lawsuits.   Watch the webinar………………………..

Florida condominium associations and those who provide them with expert guidance have experienced some confusion and questions over aspects of last year’s condo-safety reforms, and the state Senate has responded with the passage of key amendments to address some of these concerns. While a companion bill remains before the House, Senate Bill 154, which was passed unanimously, deals with the new requirements for inspections and financial reserves.   Read the article………………………..

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 2023 hurricane preparedness guide, as well as provide actions that you can take before a hurricane makes landfall. The time is now to prepare your community for every possibility.   Read the article………………………..

A new law, which became effective on March 24, 2023, is intended to limit the liability of the owner or principal operator of a multifamily residential property for criminal acts that occur on the premises which are committed by third parties who are neither employees nor agents of the owner or operator.   Read the article………………………..

Associations frequently ask the question: “When should a delinquent owner be turned over for collections?” To fully answer to this question, the association must understand the relatively new statutory requirements that must be fulfilled before an account is turned over to legal counsel for collections, as well as understanding the increased timeframes an owner is given to remit payment in both condominium and cooperative associations. These timeframes impact how quickly an association can proceed with collections and foreclosure proceedings against delinquent owners.  Read the article………………………..

Several laws have been passed during Florida’s recent legislative session, and one in particular will have a significant impact for community associations. On April 13, 2023, Florida Governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law. This new law shortens the time period for bringing lawsuits based on design and construction defect claims and creates new legal hurdles for multi-building communities.    Read the article………………………..

On March 24, 2023, Florida Governor Ron DeSantis signed HB 837 into law. HB 837 has been a hot topic in the news and legal community because it is one of the most significant tort reform bills to make its way through the Florida legislature to date. Notably, HB 837 modifies the bad faith insurance framework, cut the longstanding statute of limitations for negligence claims in half (from four years to two years), changed Florida’s pure comparative negligence system to a modified comparative negligence system, among other significant changes. This blog discusses the changes to the bad faith insurance framework.   Read the article………………………..

“The association is doing what it has to do, not only for Florida law, but also to make its building safe and to make the board of directors discharge their fiduciary duty to all of the condominium residents,”   Read the article………………………..

Afew weeks ago, I wrote a column about what Board members should do when they are confronted with a person screaming or yelling at them and otherwise acting nuts. In sum, the answer was “just walk away” because in those circumstances there is little you are going to be able to do to convince the maniac that is screaming at you that they should calm down or otherwise discuss the problem in a generally sane manner.     Read the article………………………..

Well-manicured lawns, beautiful entranceways, uniformity of appearance, security cameras, and clutter- free home exteriors are but a few of the many benefits of living in a community controlled by a “homeowners’ association (HOA),” as defined by Florida law. It’s no wonder that 44.8% of Floridians live in HOA communities. That’s an estimated 3.71 million homes. However, sometimes there can be trouble in paradise. Here’s a closer look at the answers to some common HOA questions.    Read the article………………………..

With the ever-increasing development in Florida, especially in South Florida, we are once again reminded that we live in close proximity to a number of native, exotic, invasive, and at times dangerous wild animals. Tragically, and all too recently, in St. Lucie County an 85-year-old woman died while trying to rescue her dog from an alligator.     Read the article………………………..

A recent decision over a dispute at the Hollywood Station Condominium by Florida’s Fourth District Court of Appeal illustrates one potential outcome for community association lawsuits brought by concerned unit owners.   Read the article………………………..

When your community needs to pursue a claim for construction defects, your community must have a stake in the outcome of the litigation – known as standing – to pursue that claim. Because both Section 718.111 and 720.303 empower an association to pursue claims for matters of common interest, an association usually has standing to pursue a claim for most construction defects.   Read the article………………………..

Florida Statutes allow the Condominium unit owners to use the common elements for the purposes for which the common elements were intended as long as their “use does not hinder or encroach upon the lawful rights of other unit owners.” The statute also permits the Board of Directors to create and adopt reasonable rules pertaining to the use of the common elements.   Read the article………………………..

Nothing evokes more of an “emotional” response than the issue of emotional support animals in a no-pet community. While this is not a new issue, and has been discussed many times in this forum and others, Florida laws affect how a community handles a request for a reasonable accommodation to its governing documents, rules and regulations or policies to allow a resident to maintain an emotional support animal in a no-pet community.    Read the article………………………..

South Florida’s robust housing market attracts buyers from across the globe. Many of the area’s priciest and most luxurious enclaves are filled with part-time residents who use their properties as investments and vacation homes.   Read the article………………………..

This latest of several articles by the newspaper on Boca View’s litigation chronicles how unit owner Eleanor Lepselter is now asking the court to find the association in contempt and impose fines of $500 a day until it complies. It states that deadlines set by two court rulings for the association to produce the records have already passed, and the motion for contempt that was filed on Feb. 21 accuses the association of having no plan to release the records.     Read the article………………………..

While trying to enforce restrictions and rules in your community, have you run across evidence, or worse, been brought to your attention by current residents or a pending lawsuit, that your current or previous boards were arbitrarily or inconsistently been enforcing certain rules and restrictions?   Read the article………………………..

A bill recently introduced to the Florida Senate would revise the requirements for installing and maintaining hurricane protection material, including hurricane shutters, impact glass and code-compliant windows or doors, in residential and mixed-use condominiums.   Read the article………………………..

Last week I blogged about the possibility of Board members walking off with your association bank accounts. Bank accounts that are about to explode with mandatory reserves and huge construction contracts that are on the way. Today, let’s talk about what you need to know about your management company.   Read the article………………………..

Several things that can be done by the Association prior to and immediately after turnover for the benefit of the community. This information will benefit not only any forensic engineering firm in performing a Property Condition Assessment Report, but the community operations as a whole.   Read the article………………………..

In the aftermath of this tragic event, Florida’s aging condominiums have come under scrutiny. Nearly 600,000 of the state’s 1.5 million condominiums are over 40 years old.   Read the article………………………..

Portable fire extinguishers are often times our first line of defense against small fires and chances are you aren’t too far from one right now. Like any lifesaving equipment you want to ensure that it is operable at all times so it will work when you need it most.  Read the article………………………..

As homeowners across the Sunshine State recover from hurricanes Ian and Nicole, CAI is committed to providing members with accurate, up-to-date information on new programs designed to help homeowners.   Read the article………………………..

For those of you who are intelligent and decided to come to a Board Certification class in the last few months and learn all about the new safety and reserve laws, I applaud you. It was my honor meeting you and teaching you all over the state.   Read the article………………………..

A December 2022 article in FCAP magazine addressed the confusion of whether an HOA/POA can restrict or ban yard vegetable gardens in their communities. §604.71 of the Florida Statutes states that no county, municipality, or other political subdivision in Florida can regulate vegetable gardens on residential properties.   Read the article………………………..

Condo insurance can be one of the most important yet confusing aspects of managing your Tampa-based condo association. It can be time-consuming and frustrating to ensure all your association’s needs are met, and a policy is chosen that both provides sufficient coverage and remains within budget.   Read the article………………………..

In condominiums and cooperatives, general proxies are used for establishment of a quorum and limited proxies are used to vote on a particular matter – amendments, waive reserves or financial reporting requirements, etc. It is only in homeowners associations when proxies may also be used for elections.    Read the article………………………..

Hotel condominiums are created by combining hotel facilities and condominium units into a single project. They can exist as standalone buildings or part of larger vertical subdivisions. Either way, the hotel rooms are sold as individual condominium units and form the condominium component, and everything else (common elements in a traditional condominium) forms the hotel component.    Read the article………………………..

A condominium association is responsible for managing, maintaining and repairing the common elements. Common elements generally include the building structure, roof, parking, pool and in some cases much more. Funds to carry out the association’s duties are provided by assessments on unit owners.   Read the article………………………..

A bayfront Miami condominium in need of repairs is in a legal fight pitting unit owners against the condo association.  The 27-story, 235-unit Palm Bay Yacht Club made headlines last week over a proposed $46 million special assessment to fund repairs required for the property’s 40-year recertification. A group of 10 unit owners filed a lawsuit in October against the Palm Bay Yacht Club Condo Association, affiliates of the property management firm AKAM and other companies, alleging fraud and negligence.    Read the article………………………..

In late December 2022, the Florida Legislature proposed changes to the Florida Statute of Repose for Construction Defects to clarify a statute with ambiguous language. The statute is used to determine how long a party has to file a claim for construction defects after a structure or improvement has been completed.   Read the article………………………..

There are strict legal requirements that a homeowners’ association’s (HOA) architectural review committee (ARC) must follow, most especially if the ARC intends to deny an owner’s request.   Read the article………………………..

It’s a smart move by boards to have their counsel tell all the owners about all of these expenses that are coming, AND THAT THEY ARE MANDATED BY LAW AND ARE IN NO WAY SHAPE OR FORM CAUSED BY OR ARE THE FAULT OF THE BOARD OF DIRECTORS: To remind everyone, here’s what’s coming:   Read the article………………………..

There are strict legal requirements that a homeowners’ association’s (HOA) architectural review committee (ARC) must follow, most especially if the ARC intends to deny an owner’s request. As this author has witnessed countless times, it is likely that many ARCs do not conduct their activities in conformity with Florida law such that an ARC denial may not withstand judicial scrutiny.      Read the article………………………..

The maze of CODE COMPLIANCE with regard to replacing guardrails and handrails during a condominium or HOA building restoration project is a complicated one. In Florida, there is a building code for new construction, but not one for building restoration. With the event of the city of Sunrise condominium Champlain Towers collapsing, and the resulting loss of life, and law suites, the resulting new Florida Building Safety law (SB4D) calls for the boards and managers of Florida’s condominiums and HOAs to be diligent to act to make sure they are in compliance with its requirements.   Read the article………………………..

Surprisingly, the answer is yes. In the recent case of First Equitable Realty III, Ltd. vs. Grandview Palace Condominium Association, Inc., 329 So. 3d 167 (Fla. 3rd DCA October 6, 2021) before the Third District Court of Appeals, the Court held valid and enforceable a developer-recorded amendment to the condominium declaration, which granted the developer the right to reject future declaration amendments it deemed in, “its sole opinion,” harmful to the future sale of its units.    Read the article………………………..

Donna DiMaggio Berger sits down with Sarah Emmons, the Florida Regional Director of the Anti-Defamation League (ADL), to discuss recent incidents of hate symbols being placed inside community associations, how antisemitism takes root and what can be done to combat it.   Listen to the podcast………………………..

For HOAs and even some condominium communities, especially those facing security and safety issues and concerns, deploying such cameras at key entrance/exit points with the accompanying signs alerting drivers of the monitoring could represent an effective prevention and investigative tool.   Read the article………………………..

The previous boards failed to enforce the provisions of the Declaration, bylaws, and/or rules and regulations of the community and now whenever the manager tells someone that they are in violation, the response is that the Association allowed this to occur for many years without enforcement. All is not lost.    Read the article………………………..

I remember a day not too long ago when every property was inspected before an insurance policy was issued, and annual inspections were mandatory. I’m sure that everyone remembers when insurance companies stop requiring those inspections. Funny how a classic can return into vogue. Today insurance companies are hiring property inspectors daily.   Read the article………………………..

What happens when, due to a negligent error by the insurance broker, a business suffers property damage that is either not covered, or not fully covered, by what the insured thought was an insurance policy they purchased through the broker to cover the risk? Can the insured look to its insurance broker to cover the uninsured loss?    Read the article………………………..

Managers and members who provide professional services in Florida often choose to organize their businesses into Limited Liability Companies (“LLCs”) because LLCs generally provide freedom from personal liability for the obligations of the LLC. This blog post discusses exceptions to the general prohibition on holding LLC members or managers personally liable for the LLC’s obligations in Florida. Personal liability can leave managers and members on the hook for considerable monetary sums individually.   Read the article………………………..

A recent ruling by Florida’s Second District Court of Appeal demonstrates the potential legal liabilities and costs for associations that fail to meet the mandated prerequisites for the imposition of fines as well as suspensions from community amenities or board seats.  Read the article………………………..

Whether it’s a combination of holiday stress, rising inflation or spiraling housing-related expenses, tensions within community associations are escalating.  Mental health concerns were compounded during the pandemic due to a variety of factors but despite restrictions being long-since lifted, verbal disputes, threats of violence and fatal encounters between neighbors continue to make headlines.   Read the article………………………..

As to the title of this article, anyone familiar with Senate Bill 4-D and the newly required milestone inspection reports and structural integrity reserve studies primarily applicable to condominium and cooperative buildings three stories and higher knows that material alterations, special assessments, and the authority to borrow funds are not mentioned in the legislation. So why write this article about those subjects?    Read the article………………………..

In May of last year, the Florida legislature passed and Governor Ron DiSantis signed, Senate Bill 4D, An Act Relating to Building Safety to address issues related to the collapse. However well intentioned, local Home Owners Associations and building managers are just now beginning to grapple with the massive implications of the new law.    Read the article………………………..

The short answer is yes. But not so fast. The correct procedures must be followed. The Board needs to put owners on notice that from this point onward, the restriction that was previously unenforced will now be actively and evenly enforced. This is done through a Board resolution adopted at a duly noticed Board meeting. Association counsel should draft the resolution to ensure that the necessary language is included to begin properly enforcing the restriction(s) going forward.   Read the article………………………..

In the final article on our series on the basics of community association meetings, we address common questions involving quorum – that is the minimum number of constituents (directors for a Board meeting or Members for a Members meeting) that must be present in order for the meeting to occur.   Read the article………………………..

HOA budget planning will be a constant for any members on the board. While it can seem daunting at first, once you gain experience with creating and managing budgets, you will find there will always be elements that remain constant.    Read the article………………………..

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………………………..

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 happy.  Read the article………………………..

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………………………..

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 hire himself a criminal defense attorney, but the condo association should put their insurance carrier on notice in case the victims decide to point their fingers back at that board for not taking action to remove President Orr after the first, then second arrest. Three times is a charm and perhaps the owners will take action if the board isn’t willing to do so.   Read ...

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……………………………….

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 these issues by passing a glitch bill to provide needed and worthwhile clarity for Florida’s community association board members affected by this game-changing legislation.   Read the article………………………..

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………………………..

Discover how these documents compare and how they influence internal operations and external interactions.   Read the article………………………..

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………………………..

“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 weather elements that threaten the concrete foundation as well as modernizing the grand entryway.   Read the article………………………..

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………………………..

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 of their owners.   Read the article………………………..

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 provides statutory employer status to contractors with respect to employees of subcontractors hired to perform the contracted work—found that the association was a contractor to the valet service under the statute. Because the association was contractually obligated to provide valet services to the condominium residents and subcontracted that obligation to the valet’s employer, the court concluded the association was the valet’s statutory employer and entitled ...

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 of their association.   Read the article………………………..

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 or replacement of major components of the condominium property (e.g., the roof, parking lot, and exterior painting).   Read the article………………………..

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………………………..

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………………………..

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 an amazing fashion to begin the cleanup and restoration work. However, there is a long road ahead for many community associations   Read the article………………………..

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………………………...

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 article………………………..

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 the article………………………..

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). The numbers skyrocketed, from about 2,500 in 2011 to more than 200,000 in 2019.   Read the article………………………..

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 Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation (the “Division”) before filing a lawsuit.   Read the article………………………..

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 are bound to abide by the same.   Read the article………………………..