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
The end of the year holidays bring about many changes. Some of the most important for community associations center on new Board members and budgets which will pave the way for what the coming year is to bring. In This Issue: Learn ways to obtain on-going assessments despite an owner’s bankruptcy filing in I Filed… Continue Reading
Presented By: Conrad Lazo and Steven H. Mezer Provider #0000811, Course #9626710, 2 HR CEU Credits This class is designed to educate community association managers and board members about the issues and pitfalls associated with community association renovations, maintenance and repairs to association property. We will address various issues including: Certificates of Insurance – Additional… Continue Reading
We are committed to sharing our legal knowledge to help others. We do so by offering State-approved educational resources in various forms, including more than two dozen courses, conferences, panel discussions, personal meetings, and webinars that you can conveniently attend from your office or home. With this many available options, it is easy for your… Continue Reading
2015 Legal Update (LU1) and Provider #0000811, Course #9627311, 2 CEU Credits Condo Construction Projects Gone Wild! Provider #0000811, Course #9626873, 2 CEU Credits Presented by: David Rogel, Esq. Rosa de la Camara, Esq. 2015 Legal Update Provider #0000811, Course #9627311, 2 CEU Credits In addition to sunshine and tropical storms, in Florida we are… Continue Reading
Question: My association is going to sign a new bulk services agreement for basic cable television. I have satellite TV and will now have to pay twice for TV service. A third of the residents don’t want bulk cable service. Majority rules, I was told. What do you have to say? S.B. (via e-mail) Answer:… Continue Reading
Question: Our condominium association is going to re-roof all of the condominium buildings this winter. In my home state, there was a “mechanics lien law” which applied to repairs of this nature. Does Florida have a “mechanics lien law”? B.H. (via e-mail) Answer: Yes. Florida’s Mechanics Lien Law was renamed the “Construction Lien Law”… Continue Reading
One of the most active sinkhole regions of the state is within the area bounded by the triangle formed by extending a line from Ocala to Orlando and over to Tampa. Many community associations that could be impacted in this region may be unaware that these claims will be covered by their property insurance at… Continue Reading
Our legislative town halls have provided active community leaders with insights into the new laws that impact community association operations. Over 100 people attended the session held in Fort Lauderdale where the panel consisted of no less than six (6) local legislators. CALL partnered with Biscayne Neighborhood Association, Brickell Homeowners Association, and Downtown Neighbors Alliance… Continue Reading
Question: In one of your recent columns, you stated that an individual who constructed a cement patio extension on “common ground” in a condominium probably needed to get permission from all of the unit owners in order for this to be a valid addition. Does the same rule apply for homeowners’ associations? E.S. (via e-mail)… Continue Reading
After years of little to no activity, new condominium construction is now red hot. There are reportedly 40 new condo towers planned for the Miami downtown area alone. Our feature article, Top 10 Questions Regarding Condominium Construction Defects is a must-read for new purchasers. As explained in our CALL Alerts and our 2013 Legislative Guides,… Continue Reading
The following are the 10 most frequently asked questions by Condominium Associations that are facing potential claims for construction defects: 1. What is a construction defect? Construction defects can be classified into three categories: defective building material; faulty workmanship; and improper design. 2. Who is responsible for the construction defect? The developer, design professional, and… Continue Reading
The Florida Supreme Court’s March 7, 2013 decision in Tiara Condominium Ass’n, Inc. v. Marsh & McLennan, Cos., Inc., 110 So. 3d 399 (Fla. 2013), limited application of the economic loss rule [a judicially created doctrine that sets forth the circumstances under which a tort claim is prohibited if the only damages suffered are economic… Continue Reading
I am very pleased to tell you that yesterday, the Florida Supreme Court ruled in favor of the Lakeview Reserve Homeowners Association, Inc. (“Association”) in a major case involving common area defects and implied warranties for home buyers in communities governed by homeowners’ associations. CALL filed an Amicus Curiae brief (“friend of the court brief”)… Continue Reading
Question: I live in a homeowner’s association where the owners actually own their units. Is it proper for the association to reserve for roof replacement or repair? C.H. (via e-mail) Answer: The Florida Condominium Act specifically requires a condominium association to create and fund a reserve account specifically for roofs. The Florida Statutes do not… Continue Reading
Question: In our upcoming association election, one of the board candidates is related to the owners of a company which does business in our condominium, through a substantial contract which was subject to competitive bidding. Does this disqualify the individual from running for the board? A.I. (via e-mail) Answer: No. The Florida Condominium Act sets… Continue Reading
New Condominiums Can Recover Damages for Construction Defects under 718.203, Florida Statues.
Condominiums Must Pay Close Attention to AIA Documents in Construction Contracts, by Steven B. Lesser
Board Certified Construction Lawyer Ryan Carpenter points out that “one size does not fit all” when referring to the additional insured requirements in construction contracts. The contractual requirement along does not mean you are covered. Ask yourself these questions: Do you know the difference between a certificate of coverage and an endorsement? Do you know what language… Continue Reading
Florida developers are required to warrant that condominium buildings and improvements are fit for the intended purposes. HOA owners do not enjoy the same protection when it comes to HOA common areas.
SB 1196 is anti-consumer legislation that leaves home buyers out in the cold, while developers are off the hook for shoddy or defective common area improvements.
Board Certified Construction Law Attorney Aaron Pruss reminds us that manufacturing and workmanship defects are prevalent in the building industry. Such defects not only represent a large cost to Community Associations and homeowners in terms of repairs, but they can also present serious health and safety issues and reduce the value of the property. He’s identified some building… Continue Reading
Attention HOA and other home owners, board members and CAMs: There is an attempt to legislatively control (and limit) homeowner rights and remedies for construction defects. As I explained in Homeowners’ Associations: New Ruling Supports Compensation for Construction Defects and Florida Supreme Court to Decide Whether Homeowners Associations Entitled to Implied Warranties the HOA statutes do not provide homeowners… Continue Reading
Includes a link our recent webinar, available for view on-demand.