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

Category Archives: Operations

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Consumption of Alcohol at Events Can Pose Risks for Associations

Posted in Insurance, Liability, Operations, Reader Q&A

Question: Our association permits the consumption of alcoholic beverages at certain events. What is our liability? T.S. (via e-mail)   Answer: That is a good question, there is no clear guidance in either statutory law or appellate case law. Generally speaking, under what is often called Florida’s Dram Shop Act (Section 768.125 of the Florida… Continue Reading

Association Board Members Should Keep Meeting Minutes

Posted in Fiduciary Duty of Board of Directors, Meetings, Reader Q&A

Question:   In our condominium association, prior to our board meetings, we post notice of an “agenda meeting.”  The purpose of this meeting is to plan the agenda for an upcoming board meeting, notice of which is then timely posted. Notice of the agenda meeting is posted and the meeting is open to owners to attend…. Continue Reading

Volunteers Can Cause Involuntary Liability For Condos and HOAs

Posted in Insurance, Liability, Reader Q&A

Question: Our homeowners’ association was recently informed that our liability insurance does not cover volunteers while they are working for the association. Therefore, the board voted to eliminate all volunteer activities involving manual labor such as pulling weeds, trimming bushes, or laying mulch. What is your view on this? D.L. (via e-mail)   Answer: Volunteers… Continue Reading

Third Committee Week in February Update: Flood Insurance, Subsurface Rights, and Non-Residential Condominiums — CALL Alert for February 21, 2014

Posted in CALL Alert, Insurance, Legislation

After three weeks of committee meetings in Tallahassee, legislators head back to their home districts and will return to Tallahassee for the start of the 2014 Legislative Session on March 4, 2014. The following is a summary of bills of interest that were considered this week. Flood Insurance – Sen. Brandes’ SB 542 was reported… Continue Reading

Senate to hear bill to delay flood insurance rate increases

Posted in Insurance

The flood insurance bill s.1926PCS    is scheduled to be heard today in the Senate.  It has over 30 sponsors from both parties in the Senate and is, according to newspaper reports, expected to pass after consideration of several amendments. The bill delays significant flood insurance rate increases for some property owners and would allow the subsidy to remain in place in… Continue Reading

Parking Regulations Are To Be Respected, Even By Association Directors

Posted in Fiduciary Duty of Board of Directors, Reader Q&A

Question: Our condominium association has limited parking. The president of our association has been allowing a friend of his who lives near the condominium to park his truck in a guest space for extended periods of time. When asked, the president claims that the friend is his “guest” and that he is doing nothing wrong…. Continue Reading

Condos & HOAs can save money by conserving water

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

The legislature is concerned about the quality of water delivered to end users in this state. While water rates have increased (in some cases significantly) over the past few years, apparently those increases do not translate to better water quality. The bill is designed to create additional water standards and allow customers to petition to… Continue Reading

Self-insuring Condominium Property is Complex and Costly

Posted in Insurance, Reader Q&A

Question:  My condominium association is contemplating self-insuring a garage building. The building is a “fire resistive structure.”  Would self-insuring violate statutory responsibility in any way? A.P. (via e-mail). Answer: As you might imagine, properly insuring condominium property is one of the most important fiduciary responsibilities of an association board. The Florida Condominium Act includes a… Continue Reading

New Board Members May Need To Practice Patience

Posted in Meetings, Reader Q&A

Question: I was recently elected to our condominium association board, defeating a long-time incumbent. The “old guard” that is still on the board apparently does not want “new blood” and has tried to keep me out of the loop. For example, I have asked to review various records pertaining to pending matters, along with all… Continue Reading

Condo Owner Awarded $890,000 in Lawsuit Against Association

Posted in Fiduciary Duty of Board of Directors, Liability

Everyone is rightfully concerned about liability these days.  The Trayvon Martin tragedy turned into a lawsuit against the association.  When a car crashed into a boy riding a bicycle, the association was held liable for several millions of dollars.  A jury awarded $20 million in damages to a woman who sued after she was raped in her… Continue Reading

In Florida Homeowners’ Associations, What is the Election Procedure?

Posted in Operations, Video

Question: In homeowners associations, what is the election procedure? Answer: Unlike condominium associations, where the election procedures almost entirely regulated by the statute in the administrative code, in homeowners associations the election procedure is governed by your own bylaws. In some homeowners associations, limited proxies are still used in connection with the vote to elect… Continue Reading

Broward Condos & HOAs subject to new screening regulations

Posted in Discrimination/Fair Housing, Fiduciary Duty of Board of Directors

    On September 10, Broward County Commissioners adopted changes to the local Human Rights Ordinance after hearing testimony of community leaders largely united in opposition thereto.  BrowardCounty’s Human Rights Ordinance already prohibited discrimination in housing and employment practices.  It already included protections beyond the Florida Statutes and Federal Law.  For example, the Ordinance prohibits… Continue Reading

Community Update 2013, Volume 7

Posted in Community Update, Hurricane/Disaster Issues, Insurance

Hope you all enjoyed a relaxing summer and are geared up for the upcoming budget season. Please keep the 2013 Legislative Guides handy and be sure to budget for year-end financial reports required by 2013 legislative changes. 2013 Legislative Guide for Condominiums 2013 Legislative Guide for Cooperatives 2013 Legislative Guide for Homeowners’ Associations Remember to… Continue Reading

Screening potential purchasers or tenants in Broward County

Posted in Discrimination/Fair Housing, Land Use and Government Issues

A proposed change to the Broward County Human Rights ordinance impacts how your association will process applications for transfer (sale or lease) approval. Compliance with federal, state and local fair housing laws is mandatory and thus community leaders must become familiar with what the law prohibits. The Broward County Human Rights Ordinance prohibits discrimination in… Continue Reading

Citizens Rate Increases to be Considered–CALL Alert for August 15, 2013

Posted in CALL Alert, Hurricane/Disaster Issues, Insurance

The Florida Office of Insurance Regulation (OIR) will conduct a public hearing to consider proposed rate increases by Citizens Property Insurance on Tuesday, August 20, 2013 at theTampa Convention Center in Tampa,FL (Ballroom D). The hearing is scheduled to begin at 4:00 p.m. The highest proposed rate increase (11.5%) is for condominium associations in the… Continue Reading