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
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
Question: The board of directors of my homeowners’ association has decided to “roll over” the surplus funds from our 2013 budget into a non-statutory pooled reserve account. Last year they overstated the amount necessary for the budget in order to have a surplus and I believe they are doing the same thing this year. It… Continue Reading
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
Question: Last year, our board purchased stocks and bonds with association funds. The securities were sold earlier this year at a loss. The homeowners have been asking the board who is responsible, but have not received an answer. Finally, the board informed the homeowners that the stock broker was making up the loss, and since… Continue Reading
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
The Constitution of the State of Florida gives the Supreme Court of Florida the power to regulate attorney conduct. The Supreme Court of Florida also has power to prevent actions by individuals who are not licensed to practice law in Florida. UPL, or the unlicensed practice of law, is a crime in Florida. Defining what constitutes… Continue Reading
Last year we featured an article in our Community Update publication explaining how to evaluate whether certain expenses are appropriate in community associations. The term “expenses” is probably defined in your Condo/HOA documents and it is likely that that definition encompasses expenses that seem to go beyond the strict statutory definitions. Section 718.115, Florida Statutes… 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
According to recent reports, more than 1.2 million worthless checks enter the banking system every day in the United States. Check fraud losses account for more than 20 billion dollars per year and the number of cases is increasing by approximately 25% each year. I know from my own experience with community associations that fraud,… Continue Reading
Are community associations liable for criminal attacks against residents?
Investing the Association’s Funds? If so you should be familiar with the Prudent Investor Rule. Does your association have a written policy with regard to investment of association funds? If so, does the board of directors monitor the investment to ensure compliance with the policy, and, is the policy reviewed and updated from time to time?… Continue Reading
A case recently issued by the 3rd District Court of Appeal confirms unit owner obligations to pay validly adopted assessments. The Court in Coral Way Condominium Investments, Inc. v. 21/22 Condominium Association, Inc., recited two important statements, one of which was made by the Florida Supreme Court in 1994 in the Ocean Trail Unit Association,… Continue Reading
I talked about the distinction between a carrier’s duty to defend and the duty to indemnify early in the year in connection with the U.S. District Court’s ruling that a D&O policy did not provide coverage for claims of breach of fiduciary duty, breach of contract and negligence. In Eastpointe Condominium I Asn. Inc. v. Travelers Casualty & Surety Company an owner sued the… Continue Reading
Protecting the Association’s interests when members of the Board are involved in a suit can get complicated. Creating a committee for the purpose of handling the matter may be the best solution.