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

Category Archives: Common Areas

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Why the Florida Legislature Needs to Fix Condo Sprinkler-System Problem | Sun Sentinel Opinion

Posted in Common Areas, Fire Sprinklers, Safety and security, Uncategorized, Water Sprinklers

For more than a decade older high-rise condominiums throughout Florida have been discussing, debating, and exercising their legal rights with regard to sprinkler system retrofitting requirements. In 2003, the Florida Legislature responded by allowing each community to vote to opt out of sprinklers inside their units and the right to opt out of installing an… Continue Reading

Some Condominium Owner Information Is Public Record in Florida

Posted in Common Areas, Privacy, Safety and security

Question: I recently purchased a condominium unit. There is a board posted next to the elevator to my unit that contains the names of all unit owners and their unit numbers. Is the association authorized to do this? (D.L. by e-mail) Answer: There is no legal prohibition against publishing this particular information. It is a… Continue Reading

Florida Condominium Residents Should Leave Contractors Alone

Posted in Common Areas, Construction, Construction Issues & Contractual Disputes, Maintenance & Repair

Question: I live in a condominium association and there has been discussion concerning who has the authority to direct the association’s contractors and vendors, including the landscapers. We feel that because we pay for these services, these individuals work for us, and we should be able to tell them what to do. The manager told… Continue Reading

Secondhand Smoke on Condominium Lanai: What are my Rights?

Posted in Common Areas, Reader Q&A, Safety and security

Question: I just read the question you answered in one of your prior columns about a man wanting to smoke cigars in the common area of his condominium complex. You said that “the ill-health effects of secondhand smoke are well established.” I live on the second floor of a two-story condominium building. When someone smokes… Continue Reading

Defending (My) Our Castle: A Look at Gun Regulation by Community Associations

Posted in Safety and security

By Joseph E. Adams and Jay Roberts Please click here for the entire article as a PDF On September 6, 2012, David Merritt, president of the Spring Creek Homeowners Association, called a homeowners association meeting to order. Approximately 30 minutes later, Merritt, and former president of Spring Creek Marvin Fisher, would be fatally shot by… Continue Reading

Listen Live to Donna DiMaggio Berger on Topical Currents Discussing “Sprinkler Opt-outs”

Posted in Common Areas, Water Sprinklers

Donna DiMaggio Berger, Shareholder in Becker & Poliakoff’s Community Association Law Practice Group will appear on WLRN’s Topical Currents with Joseph Cooper Wednesday, November 30 at 1:00 PM. The topic of this episode will be “Sprinkler Op-outs”. Please call in and join the discussion! For more information and a link to the show’s archive, please… Continue Reading

Grant Funding Available Now for Wind Mitigation Retrofits for Vulnerable Condominium Community in Florida

Posted in Construction, Housing for Older Persons (55 and Over), Safety and security

FAIR (Florida Association for Insurance Reform) is seeking a low to moderate income condominium community to benefit from a Residential Construction Mitigation Program (RCMP) grant from the Florida Division of Emergency Management.  The $194,000 grant will be used to supplement the cost of wind mitigation improvements that increase community safety and reduce insurance premiums and… Continue Reading

Are Florida HOAs Permitted to Host “Penny-Ante” Games of Chance?

Posted in Common Areas, Rules & Regulations

Question: I’ve heard that homeowners associations are permitted to permit “penny-ante” types of card games on common property, but don’t know what exactly is considered gambling and what’s permitted under the law. (J.M. by e-mail) Answer: Section 840.08 of the Florida Statutes defines gambling to include “any game of cards, keno, roulette, faro or other… Continue Reading

Service Contracts Should Always be Reviewed by Association Attorney

Posted in Common Areas, Landscaping, Service Contracts

Question:  My condominium association entered into a landscaping contract a few months ago. The contract calls for the landscaping contractor to cut the grass, trim the trees, replace dead vegetation, and (overall) keep the property looking good. In just a short period of time the contractor is doing a lousy job. The grass isn’t cut… 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

Community Update 2016, Volume 04

Posted in Common Areas, Community Update, Rental, Safety and security

As summer takes hold, many communities will come to life with BBQs, pool parties, and new residents now that the school year is over and families tend to relocate. In this issue, we look to help Associations navigate the summer waters as smoothly as possible. Summertime Grilling on a Condominium Balcony…Think Again While summer grilling… Continue Reading

Special Event: In The Aftermath of a Disaster

Posted in Education, Hurricane/Disaster Issues, Safety and security

Becker & Poliakoff and The American Red Cross present Prepare Your Community for a Disaster! Please join us for a unique presentation by Mr. Benjamin Bellucci, Disaster Program Manager for the American Red Cross Broward County Chapter, which is designed to prepare you and your association members for worst case scenarios. Mr. Bellucci has trained… Continue Reading

Approvals to Alter Condominium Property Must be Made at a Properly Noticed Board Meeting

Posted in Association Documents, Common Areas, Email, Material Alteration, Official Records, Voting

Question: I regularly attend the board meetings of my condominium association. When I cannot attend, I make certain to read the minutes when they are posted. In the association’s quarterly newsletter, the president announced that the association would be changing the configuration of a conference room to allow for storage. Though the board is authorized… 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

HOA Reserve Accounts: What Are You Missing?

Posted in Budgets, Reserves & Financial, Common Areas, Fiduciary Duty of Board of Directors, Operations, Uncategorized

Maintenance, repair and upgrade of the common areas of a community can be costly, and reserve accounts can be a great planning tool for large projects. In 2007, Section 720.303(6) of the Florida Statutes was added to the Florida HOA Act establishing procedures and rules related to reserves if a) they were originally established by… Continue Reading

Association Rules Specifying Children Can Spell Trouble!

Posted in Common Areas, Safety and security

This post originally appeared in The Community Association Law Blog. Once upon a time, community associations passed rules which all but shouted that children were a nuisance.  Rules were routinely passed which clarified that little Tommy and Tina couldn’t use the pool, clubhouse, exercise room or other amenities without Mom and Dad in tow or… Continue Reading

Can your Board of Directors Ban Guns in Your Community? – Part II

Posted in Rules & Regulations, Safety and security

This post originally appeared in The Community Association Law Blog. In Part I of my blog post on guns in community associations, we discussed the fact that the U.S. Supreme Court ruling in the case of District of Columbia v. Heller, 554 U.S. 570 (2008) categorized gun ownership inside a home as a fundamental right… Continue Reading

Can Florida Condo & HOA Owners Organize Political Rallies On Community Property?

Posted in Common Areas, Reader Q&A, Rules & Regulations

Question: I live in a condominium association with politically active residents. One of our unit owners has asked to host a political event at the association’s clubhouse. I fear this event could attract a large public audience and be a burden to our residents. Can our association disapprove the event? J.S. (via e-mail) Answer: The… Continue Reading

Can your Board of Directors Ban Guns in Your Community?

Posted in Rules & Regulations, Safety and security

This post originally appeared in The Community Association Law Blog. PART I: Florida lawmakers are considering several gun proposals in the 2016 Session. One bill would allow people with concealed-weapons licenses to carry guns on college and university campuses while another would allow individuals with those concealed-weapons licenses to openly and visibly carry those firearms…. Continue Reading

Who Pays To Maintain Covered Parking Spaces Only Available To Some?

Posted in Common Areas, Maintenance & Repair, Reader Q&A

Question: Certain units in my condominium have assigned covered parking and the right to use the covered parking space goes with the unit. Recently, the board advised the owners with covered parking spaces that the cost of maintaining the parking structure was going to be charged to just those unit owners. Is this permissible? M.M…. Continue Reading