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

Category Archives: Legislation

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Florida Condominium and HOA Fining Laws are Slightly Different

Posted in Covenant Enforcement/Violations, Legislation, Suspensions, Fines & Remedies, Uncategorized

Question: There seems to have been a lot of change in the law about fining. Has the legislature finally made the condominium statute and the homeowners’ association statute the same on this issue? (C.M. by e-Mail) Answer: More or less. The legislature is getting closer to making the statutes identical, but there are still a… 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

Florida Associations Should Consider Amending Rental Provisions Now—CALL Alert for January 13, 2017

Posted in Association Documents, Governing Documents, Legislation, Rental

As we start the New Year and the 2017 legislative session, community associations should be reviewing their current rental provisions and deciding whether to propose any amendments to address minimum rental terms. If your association has a problem with short term rentals in the community and would like to adopt amendments to the governing documents… 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

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

CALL’s 2016 Legislative and Community Association Resource Guide Coming Soon

Posted in advocacy, Legislation, Voting

CALL’s 2016 Legislative and Community Association Resource Guide will be available very soon.  Even though the legislative session ended without any significant piece of community association legislation passing, it is important to look back on the 2016 session and the bills that were filed, because it is likely that these issues will continue to be… 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

Condo/HOA Legislative Train Has Been Formed

Posted in Legislation

One of the things that happens during the last few weeks of sessions is that legislative “trains” are formed, which allows bills and issues that have stalled to remain “alive.”  These bills typically have very broad titles, such as a “Bill Relating to Education” or a “Bill Relating to Transportation.” Last week, a train was… 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

2016 Legal Update & Special Insider Look At Insurance For Community Associations

Posted in Events, Insurance, Legislation

2016 Legal Update Overview of the Major Legislation Adopted in 2015 Impacting Florida’s Community Associations Provider #0000811, Course #9627311, 2 LU credit hours Presented by David Rogel, Esq. and Rosa de la Camara, Esq. In addition to sunshine and tropical storms, we are guaranteed each year in Florida to see changes to the laws governing… 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

New Bills Will Significantly Impact HOA Operations in Florida

Posted in advocacy, CAM, Legislation

Representative John Cortes has filed three separate bills which significantly impact community associations, and in particular, homeowners’ associations. The bills are: HB 653, Relating to Homeowners’ Associations:  The bill, among other things, provides that the Division of Condominium, Timeshares, and Mobile Homes will be renamed as the Division of Condominiums, Homeowners’ Associations, Timeshares and Mobile… Continue Reading

History Differs Between Condominium and HOA Statutes in Florida

Posted in Legislation, Reader Q&A

Question: As an association manager, I have a question that has always bothered me. Why are there so many differences between the condominium statute and the law for homeowners’ associations?  You would think it would make sense for the two statutes to closely mirror each other, but there are significant differences. T.M. (via e-mail)  … 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

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

Drones & Privacy – Condo and HOA leaders need to know about a new law called the Freedom from Unwanted Surveillance Act.

Posted in CAM, Covenant Enforcement/Violations, Legislation

This new law went into effect July 1. It prohibits a person, state agency or political subdivision from using a drone to capture the image of a privately owned property or anyone on the property with the intent to conduct surveillance. Those that wish to use drone technology in this manner must have written consent… Continue Reading

U.S. Department of Justice publishes “Frequently Asked Questions about Service Animals and the ADA”.

Posted in Discrimination/Fair Housing, Legislation, Service Animals/Emotional Support Animals

We often receive inquiries about the Americans’ with Disabilities Act (ADA) vs. the Fair Housing Act (FHA). The ADA is the federal law that allows disabled persons to have a service animal.  The ADA applies to places of public accommodation, such as hotels, restaurants, and other businesses or facilities which invite the public or permit public… Continue Reading

New Laws Will Impact All Associations in Florida

Posted in Legislation, Reader Q&A

Today’s post is the second and final installment of my annual report on new laws affecting community associations. In the first installment, we looked at some of the changes for condominiums, cooperatives and homeowners’ associations in HB 791, the main Bill affecting community associations. The remainder of HB 791 includes the following: Official Records (Condominiums… Continue Reading

New Laws for Florida Condominiums, Cooperatives & HOAs Go Into Effect July 1st, 2015

Posted in Legislation, Reader Q&A

Today’s column begins our annual review of new laws affecting community associations, condominiums, cooperatives, and homeowners’ associations. Governor Rick Scott, signed HB 791 into law effective on July 1, 2015. HB 791 impacts condominiums, cooperatives, and homeowners’ associations. (1) Electronic Voting (Condominiums, Cooperatives, and Homeowners’ Associations): The bill provides that associations may conduct elections and… Continue Reading

Florida Condos & HOAs: Are you ready for electronic voting?

Posted in election, Elections, Legislation, Meetings, Operations

Every year I hear the same complaints about the procedures associated with obtaining a membership vote to approve some action or with respect to the election itself.  Apathy on the part of owners can really restrict community operations.  Many communities are stuck with governing documents written in the “dark ages” and cannot take advantage of statutory… Continue Reading

Florida Shared Ownership Statutes Continue to Catch up with Digital Age

Posted in Elections, Legislation

Given the significant percentage of Floridians living in all types of shared ownership communities, it is not surprising that each year we see at least a handful of bills pass which directly or indirectly impact those private residential communities and one primary association bill which contains both substantive changes and technical fixes needed to address… Continue Reading