Fair Housing accommodation cases receive a lot of press. It seems like there are more and more cases all the time, most of which are resolved at the investigative/agency level than actually filed in court or go to trial. HUD issued a memorandum reminding housing providers of their obligations pursuant to the federal laws with… Continue Reading
Tag Archives: condo law
Proposed opinion defining actions considered UPL for CAMs leaves unanswered questions
Posted in Fiduciary Duty of Board of Directors, OperationsThe 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
Preeminent Regional Law Firm Joins Becker & Poliakoff
Posted in UncategorizedBecker & Poliakoff announced today that Cornett, Googe & Associates, P.A., a Stuart, Florida-based law firm that represents more than 300 community associations as well as businesses, individuals and professionals throughout the Treasure Coast, is joining Becker & Poliakoff. Effective October 1, the attorneys and staff of Cornett, Googe will become part of the Becker… Continue Reading
Citizens’ Property Insurance – Higher Deductibles & Less Coverage
Posted in InsuranceIf you have insurance through Citizens’ Property Insurance Corp. then you need to know this information. Can you imagine having a 10% insurance deductible for hurricane claims? For homeowners that means if you have $300,000 of coverage you have to cough-up the first $30k before you are entitled to any insurance proceeds. For associations its even worse… Continue Reading
Name 4 Things Community Leaders Should Know in Order to Effectively Manage Delinquencies
Posted in EventsCondo & HOA leaders: If you’re struggling to collect assessments in your community, this seminar is for you. Register to attend one of the three South Florida events.
Disaster/Hurricane Planning for Condos & HOAs
Posted in Hurricane/Disaster IssuesTropical Storm Debby reminds Condo & HOA leaders of the importance of proper disaster planning. Here are some tips to assist in your planning efforts. I’ll include more tips in the coming weeks. Some examples of ways that managers, board members, etc., can prepare their offices in advance of a natural disaster: The first step is… Continue Reading
Tropical Storm Debby Floods Florida – State of Emergency Declared
Posted in InsuranceTropical storm Debby made a major impact on property in Florida. Condominium and Homeowner Association Boards need to activate disaster plans and not rush to enter into restoration contracts. We have plenty of educational materials to assist those dealing with crisis management.
Florida Supreme Court to Update Limits of CAM Role
Posted in OperationsThe Florida Bar will decide whether certain actions by Community Association Managers (CAMs) are considered the Unlicensed Practice of Law.
Fannie Mae Announces Intent to Pay Condo/HOA Fees on Foreclosed Properties
Posted in Assessment Collection, Foreclosures, Safe HarborFannie Mae announced that it requires servicers to ensure any priority liens for delinquent Condo & HOA assessments are cleared immediately, but no later than 30 days, after the foreclosure sale or acceptance of a deed-in-lieu of foreclosure.
Protecting your Association’s Good Name
Posted in Arbitration & Court RulingsIs a condominium or homeowners association entitled to protect its name and logo from use by others?
What’s in a Name? HOA sued over use of name & logo.
Posted in OperationsBonita Bay Properties sued the Bonita Bay Community Association over the use of the community name and logo claiming trademark infringement and violations of state and federal law.
Does your Condo or HOA have credit cards?
Posted in Assessment CollectionAttorney Lisa Magill is quoted in several HOA Leader articles including a recent article containing tips how to avoid risks associated with use of credit or debit cards.
Condo Association and Management Company Pay $20,000 to Disabled Veteran
Posted in Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications, Service Animals/Emotional Support AnimalsA condominium association and its management company paid $20,000 to settle an emotional support animal accommodation case.
Association Liability for Criminal Attacks
Posted in Fiduciary Duty of Board of Directors, OperationsAre community associations liable for criminal attacks against residents?
Who Prepares Your Association’s Tax Return?
Posted in Assessment CollectionA Las Vegas HOA is currently fighting with the IRS over the question of whether $2 million held in the HOA’s savings account is subject to income tax at the rate of 30%. Associations are generally organized as not-for-profit corporations (some older associations are not incorporated) and therefore must file tax returns like other not-for-profit corporations…. Continue Reading
HB 319: An Analysis of the Legal Issues and History
Posted in Legislation, Safe HarborInformation disseminated about HB 319 is in some instances false and in others, completely misleading. This post explains the history of the Safe Harbor and the legal issues involved.
HB 213 Gives Condos & HOAs the Power of the “Order to Show Cause” Process
Posted in Assessment Collection, Foreclosures, LegislationHB 213 gives condos, co-ops and HOAs the ability to speed up foreclosures. This post explains how.
Collections in Today’s Economy – Free Seminar for CAMs (CEU Credits) and Board Members
Posted in Assessment Collection, Foreclosures, Legislation, MortgagesCAMs and Condo/HOA board members devote a substantial amount of time and energy to collecting assessments. This free course provides strategies and techniques for maximizing collections in today’s economy.
Check Those Electric Bills – You May be Entitled to a Refund
Posted in Assessment CollectionCondos and HOAs should not pay sales tax on electric bills – see if you qualify for the exemption and apply for a refund.
Unit Owner Access to Official Records
Posted in Official Records, OperationsCommunity Associations have long been responsible for handling unit owners’ requests for access to official records. It is important to know which records are exempt and which are not exempt.
Some Condo/HOA Records are Off Limits to Owners
Posted in Official Records, OperationsWhat is your policy for handling records inspections by owners? Do you have written rules? Where are the records inspections held? How many hours does the owner have to review the requested records? Does anyone help facilitate the inspection? If you are a condo or HOA board member and cannot answer these questions, its time to… Continue Reading
Are You a Prudent Investor?
Posted in Assessment Collection, Fiduciary Duty of Board of DirectorsInvesting 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
Community Association Financial Innovations
Posted in Assessment CollectionCondos & HOAs can be financial innovators. Take a look at these examples from the Florida Communities of Excellence Awards.
Be Vewy Vewy Quiet – it’s Budget Season!
Posted in Assessment Collection, Budgets, Reserves & FinancialCondo & HOA directors must follow statutory, regulatory and documentary provisions when adopting the association’s annual budget.