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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Category Archives: CALL Alert

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Estoppel Bill Approved by Governor and Remaining Community Association Bills Presented to the Governor

Posted in CALL Alert, Estoppel, Legislation

Yesterday, the Governor approved SB 398, Relating to Estoppel Certificates.  The effective date of the new law is July 1, 2017.  If you would like to hear more about the estoppel bill, please watch the video or read the summary below. Also yesterday, HB 653, Relating to Community Associations, by Rep. Moraitis, and HB 1237,… Continue Reading

Status of Community Association Bills and CALL to Action on HB 653, Relating to Community Associations (Condominiums, Cooperatives, and Homeowners’ Associations) – CALL Alert for June 8, 2017

Posted in advocacy, CALL Alert, Fire Sprinklers, Legislation, Video

As of this writing, we are still waiting for the two main community association bills, HB 653 and HB 1237, to be sent to Governor Rick Scott. Once a bill is sent to him, he will have fifteen (15) days to act. He can either sign the bill into law, veto it, or allow it… Continue Reading

Summary of HB 653, Impacting Condominiums, Cooperatives, and Homeowners’ Associations

Posted in CALL Alert, Elections, Fire Sprinklers, Governing Documents, Liability, Managers (CAMS), Water Sprinklers

HB 653 (SB 744), sponsored by Representative Moraitis, passed the Florida Legislature but as of today, it has not yet been sent to the Governor for consideration.  When a bill is sent to the Governor, he has fifteen (15) days to act.  He can either sign the bill into law, veto it, or allow it… Continue Reading

Condo Criminal Penalties Bills, Fire Sprinkler Bill, and Estoppel Bill to be Heard in Committee this Week; New HOA Rental Bill—CALL Alert for March 20, 2017

Posted in CALL Alert, Fire Sprinklers, Legislation, Rental, Water Sprinklers

Condo Criminal Penalties Bills Senator Rene Garcia and Representative Jose Felix “Pepi” Diaz filed SB 1682, Relating to Condominiums, and HB 1237, Relating to Condominiums, respectively, which include board member term limits and criminal penalties against volunteer board members for certain violations, including failure to provide access to official records and fraudulent activities related to… Continue Reading

New Florida Condo Bill Filed by Senator Garcia Includes Criminal Penalties

Posted in Assessment Collection, Association Documents, Budgets, Reserves & Financial, CALL Alert, Elections, Official Records, Voting

Last month, the State Attorney for Miami-Dade County released a Grand Jury Report titled “Addressing Condo Owners’ Pleas for Help:  Recommendations for Legislative Action”.  You can read the Miami-Herald Article about the Grand Jury Report here. Today, Senator Rene Garcia filed SB 1682, Relating to Condominiums, which incorporates some of the recommendations of the Grand… Continue Reading

Community Association Leadership Lobby What Community Association Bills Have Been Filed So Far?—CALL Alert for February 1, 2017

Posted in Budgets, Reserves & Financial, CALL Alert, Legislation, Uncategorized

The Florida Legislature met in Talahassee for two weeks in January, but so far, no community association bills have been heard in committee. The House Judiciary Committee, chaired by Representative Chris Sprowls, did hear a presentation about “Condominium Terminations” and the termination provisions in Section 718.117, Florida Statutes.  We expect that there will be legislation… Continue Reading

Governor Declares a State of Emergency in Advance of Hurricane Matthew — CALL Alert for October 4, 2016

Posted in CALL Alert, Hurricane/Disaster Issues

Governor Scott has signed Executive Order 16-230 declaring a state of emergency for every Florida county due to the severity and magnitude of Hurricane Matthew. Governor Scott said, “Hurricane Matthew is a life-threatening category four hurricane and we must all take it seriously. If Hurricane Matthew directly impacts Florida, there could be massive destruction which… Continue Reading

Community Update 2016, Volume 05 is Now Online

Posted in CALL Alert, Community Update, Legislation

Summer is in full swing with record temperatures and lots of beach time greeting us every day. We cannot however forget that changes affecting many communities took effect July 1st. In this issue: We provide our annual recap of community association happenings at the legislative level. This includes: SB 184 concerning rentals to Service Members… Continue Reading

The Fuss about Florida’s Fire Sprinkler Opt Out Deadline

Posted in CALL Alert, Safety and security

Dear CALL Members: The Division of Florida Condominiums, Timeshares and Mobile Homes (“Division”) has recently been quoted in several media articles advising that all multifamily buildings in Florida, regardless of height, must install sprinklers unless they opt out prior to the December 31, 2016 deadline. In the aftermath of that revelation, some Florida attorneys are… Continue Reading

2016 Legislative and Community Association Resource Guide

Posted in CALL Alert, Legislation, Safety and security, Voting

Becker & Poliakoff and CALL’s 2016 Legislative and Community Association Resource Guide (“Guide”) is now available for viewing and printing. The Guide is applicable to all three (3) types of shared-ownership communities (condominiums, cooperatives, and homeowners’ associations). The 2016 Legislative Session ended without any significant piece of community association legislation passing. While there were many… Continue Reading

Community Association Surveys Are Now Open

Posted in CALL Alert, Voting

There are two (2) surveys that are currently open that we encourage you to take. CondomundoUSA Association Voting and Fraud Survey First is the CondomundoUSA Association Voting and Fraud Survey. CondomundoUSA is Becker & Poliakoff’s Spanish language blog. CondoMundoUSA has created a survey intended to help identify concerns of community association members related to voting…. Continue Reading

2016 Legislative Session Ends With No Major Community Association Bills Passing

Posted in CALL Alert, Legislation

The 2016 Legislative Session ended last Friday, with no major community association legislation passing.  Although a number of condominium and HOA related amendments were filed during the last week of session to HB 1187 and SB 1050, Relating to the Department of Business and Professional Regulation, they were not considered. THEREFORE, THE FOLLOWING ISSUES INCLUDED… Continue Reading

Keeping an Eye on HB 1357, Relating to Community Associations

Posted in Assessment Collection, CALL Alert, Legislation, Official Records

One of the bills that is still being considered in Tallahassee this year is HB 1357, Relating to Community Associations. Among other things, the bill requires condominium associations with 500 or more units and homeowners’ associations with 7500 or more parcels to post many of its official records on a website. The revised bill also… Continue Reading

New Bills Impacting Homeowners’ Associations Filed for 2016 Legislative Session

Posted in Assessment Collection, CALL Alert, Covenant Enforcement/Violations, Legislation, Official Records, Rules & Regulations, Suspensions, Fines & Remedies

HB 7031, Relating to the Marketable Record Title Act (MRTA) has been filed by the House Civil Justice Subcommittee.  Specifically, the bill provides that covenants and restrictions of homeowners’ associations will not expire because of MRTA. This will save HOAs thousands of dollars by not having to “preserve” their covenants and restrictions or “revitalize” them… Continue Reading

CALL Announces Legislative Town Hall—Tuesday, November 10, 2015

Posted in advocacy, CALL Alert, Legislation

Every year in Florida we are guaranteed to see new laws pass which will impact our significant shared ownership community population. 2015 was no different and 2016 will be just as busy, with Becker & Poliakoff’s Community Association Leadership Lobby (CALL) monitoring and shaping dozens of bills throughout the 60-day Session. Come join us for… Continue Reading

Erika Heads Our Way — Is Your Community Prepared? — CALL Alert for August 27, 2015

Posted in CALL Alert, Hurricane/Disaster Issues, Insurance

With Tropical Storm Erika bearing down upon us and likely to hit our shores over the weekend or early next week, it is important for you to know what to do if your community suffers a property loss due to this storm. There are certain steps you must take to ensure that your insurance claim… Continue Reading

CALL 2015 Legislative Guide for Community Associations is Now Available

Posted in CALL Alert, Legislation, Uncategorized

Becker & Poliakoff and the Community Association Leadership Lobby (CALL) want you to know that the2015 Legislative Guide for Community Associations is now available for viewing and printing. There is one Legislative Guide that addresses all three types of shared-ownership communities (condominiums, cooperatives, and homeowners’ associations). The Legislative Guide includes a comprehensive summary of the… Continue Reading

News Story Highlights Danger of HB 501 Limiting Construction Defect Cases in Florida

Posted in CALL Alert, Construction, Legislation

HB 501, Relating to Limitations of Actions, by Rep. Fant, reduces the statute of repose from 10 to 7 years. The statute of repose operates as an absolute bar to an owner’s right (including community associations) to have faulty construction, both new construction and renovation work, resolved in the manner provided by law. The bill… Continue Reading

Estoppel Bill Raises a Number of Concerns (HB 611)

Posted in CALL Alert, Legislation

HB 611, by Rep. Wood (R-Winter Haven) bill will be heard in Civil Justice Subcommittee today, Wednesday, March 4, at 12:30. The Chair of the Civil Justice Subcommittee is Kathleen Passidomo (R-Naples). The bill significantly changes the procedures for requesting and delivering estoppel certificates whenever property is sold in a community. CALL (Community Association Leadership… Continue Reading

CALL Alert: ADA Tester Lawsuits and Sprinkler Opt Out Votes

Posted in CALL Alert, Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications

We have recently been receiving information about some resort-type private communities who are being sued by an ADA Tester who visits these private communities and  claims that he has been denied full and equal access and full and equal enjoyment of the facilities, services, goods and amenities within the community. Since some private communities provide… Continue Reading

Community Association Legislative Guides Now Available From CALL-Becker & Poliakoff

Posted in CALL Alert, Education, Legislation

FT. LAUDERDALE, July 31, 2014 – The Community Association Leadership Lobby (CALL), a statewide advocacy group created by the Becker & Poliakoff law firm, is helping community association leaders analyze changes to laws affecting community associations with its 2014 Legislative Guides. Designed to assist volunteer boards, management companies and professional managers, the Guides provide a… Continue Reading