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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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No Regulation of HOAs by DBPR this Legislative Session in Florida

Posted in Covenant Enforcement/Violations, Developer Obligations, Official Records

Yesterday, the Senate Regulated Industries Committee failed to approve SB 1122, Relating to Homeowners’ Associations. The bill would have required all homeowners’ associations to pay $2.00 per parcel for the purpose of authorizing the Department of Business and Professional Regulation to regulate the HOA. The bill would have also required mandatory binding arbitration of certain… Continue Reading

Does A Florida Condominium Board Have To Answer Owner Letters?

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

Question: I live in a condominium association and serve on the board. Our property manager recently received a letter from an owner with a list of over twenty questions concerning the operations of the association. The letter was sent via certified mail. Are we required to answer these numerous questions?  It will take us hours… 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

Do Budget Workshops Fall Under Sunshine Law?

Posted in Budgets, Reserves & Financial, Meetings, Operations, Reader Q&A

Question: I live in a homeowners’ association. The board of directors has historically held a budget workshop with only the chief financial officer of the management company and two of the five directors present. The association is governed by a five member board, so that board argues that because a quorum is not present, they… 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

Are Skylights A Window or Part of the Roof?

Posted in Maintenance & Repair, Operations, Reader Q&A

Question: I live in condominium consisting of 46 free-standing single family homes; 22 of them were built with skylights. During the rainy season, my roof developed a leak originating from the skylight. When I reported the leak, the association said that repairing the skylight was my responsibility. The declaration does not list skylights as a… Continue Reading

Does Condominium Board Have Right To Withhold Legal Opinions From Owners?

Posted in Association Documents, Official Records, Operations, Reader Q&A

Question: I am an owner in a “55 and over” condominium community. The board refuses to provide copies of legal opinions about how the board should interpret and apply certain provisions of the association’s bylaws. None of these opinions involve lawsuits. Does the board have the right to withhold these opinions? J.D. (via e-mail) Answer:… Continue Reading

Condominiums That Fail To Properly Fund Reserves Will Usually Resort to Costly Special Assessments

Posted in Budgets, Reserves & Financial, Operations, Reader Q&A

Question: My condominium association has no reserve funds for our roof. Every year at the annual meeting, the board asks the owners to waive the reserve funding and every year the owners vote to waive the reserves. Now we need a new roof for the building and the board is telling the owners that there… Continue Reading

Should You Crowdfund Your Next Real Estate Project?

Posted in Budgets, Reserves & Financial, Construction

(This post originally appeared on Biz Law Today) If you are in the real estate business, you have probably seen the headlines about the first crowdfunded condo opening in New York City this month. This is just the latest example of the growing real estate crowdfunding movement that seems poised to explode in the coming years. What… Continue Reading

Does a Florida Association Have To Have A Website For Owners?

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

Question: What information is required to be on a homeowners’ association website? My association maintains a website, but it only contains minimal information. I cannot find the minutes of board meetings, copies of contracts, or insurance policies. If the association is not required to post this information on the website and I have to submit… 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

What Rights do Homeowners in HOAs Have to Inspect Official Records?

Posted in Official Records, Operations, Reader Q&A

Question: I recently asked the property manager for my homeowners’ association whether my next door neighbor applied for approval of an expanded landscaping area, including a new garden area. I was told by the manager that I am not entitled to this information and/or documentation as it is confidential. Is this correct?  E.T. (via e-mail)… Continue Reading

Directors Can Choose Certification Alternatives in Florida HOAs

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

Question: I have a question regarding the new director certification/education requirement found in Section 720.3033(1)(a) of the Florida Homeowners’ Association Act. The HOA Act provides that a newly elected or appointed director has two choices. He or she can sign a form that says he or she has read the association’s governing documents, will work… Continue Reading

Does a Condominium Owner in Florida Have the Right to Have Records Mailed to Her?

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

Question: I requested that my homeowners’ association send me a copy of the association’s contract with the pool cleaning company. I sent this request via certified mail, but the association has refused to send me a copy. Rather, the association president is insisting that I go to the office to review a copy. He further… Continue Reading

How Does Board Certification Work With Re-Elected Condominium Association Board Members?

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

Question: I know you have addressed the new board member certification requirement previously, but my question involves when a director is considered “newly elected.”  Would a board member who has continuously served on the board, prior to the amendment to the statute, but who has now been re-elected to the board be “newly elected” 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

Are Informal Workshops Subject to Sunshine Laws in Florida?

Posted in Meetings, Operations, Reader Q&A

Question: If the board of directors of a homeowners’ association is meeting to just discuss routine operational or housekeeping issues, such as landscaping issues or minor repairs, must this meeting be noticed and open to the members? J.C. (via e-mail) Answer: Yes. The Homeowners’ Association Act, Chapter 720 of the Florida Statutes, provides in Section… Continue Reading

Hurricane Season is here – are you prepared?

Posted in Hurricane/Disaster Issues, Insurance

This checklist is just the start.  Please download our comprehensive Hurricane Preparedness and Recovery Guide for information regarding disaster mitigation, securing insurance proceeds, compliance with typical policy requirements, restoration of the property and planning needs. 1. Disaster Plan – Do a risk analysis of potential consequences of a storm and develop a complete disaster plan, designating a responsible… Continue Reading