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

Tag Archives: condo law

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

Think twice before installing security cameras in condominiums

Posted in Common Areas, Maintenance & Repair, Material Alternation, Safety and security

Does your condominium building have security cameras that were installed by the developer?  Have there been violations of the association’s security protocol, such as unauthorized use of key fobs and contractor access to the building without registering with the front desk?  If the answer to both questions is “yes”, would you think that installing a… Continue Reading

40 Year Recertification / Some Additional Thoughts

Posted in Fiduciary Duty of Board of Directors, Maintenance & Repair

We have already explained the Building Safety Inspection Program adopted by Broward and Miami-Dade Counties.   Building owners (operators or managers) must have the structure and electrical systems evaluated professionally by an engineer or architect.  The inspection is to identify any structural or electrical deficiencies that pose an immediate threat to life safety or where failure… Continue Reading

Organizational Session Signals Start of 2015 Florida Legislative Session

Posted in Legislation

The 2015 Legislative Session kicks off next week on Tuesday, November 18, when the Legislators come to Tallahassee for their organizational session. The Senate President Andy Gardiner from Orlando and House Speaker Steve Crisafulli from Merritt Island recently announced their leadership appointments and they will soon be announcing Committee Chairs and Committee appointments. Sen. Richter… Continue Reading

Condo Terminations Criticized

Posted in Operations

Condominium terminations have received much negative press lately. The uprising of condominium owners fighting termination of the condominium and the anguish of owners of former condominium units has not fallen upon deaf ears. Those pleas prompted Governor Scott to write to the Secretary of the Department of Business and Professional Regulation on Thursday, September 4,… Continue Reading

Condo and Co-op Budgeting Basics

Posted in Budgets, Reserves & Financial

It goes without saying that every association must adopt a budget each year reflecting the estimated income and expenditures of the association. The Florida Administrative Code requires the budget adopted by the Board of Directors to contain some basic features. The budget must contain the beginning and ending dates. Adopting a budget for the “2015”… Continue Reading

Squatters? Condo leaders have options to rid the community of squatters.

Posted in Covenant Enforcement/Violations

Strangers living in your community concern you? Is this especially true when the unit owner hasn’t paid maintenance fees for years and the home is subject to a foreclosure lawsuit? Channel 9 in Orlando recently did a story about squatters taking up residence in a condominium community. The squatters are seemingly the cause of criminal… Continue Reading

Changes to Condominium Property are Highly Scrutinized

Posted in Arbitration & Court Rulings, Maintenance & Repair

The Board of Directors has the responsibility and authority to maintain the common elements of a condominium. On the other hand, Section 718.113(2)(a), Florida Statutes, requires 75% of the entire membership to approve a material alteration or substantial addition to the common elements, unless the declaration provides for an alternative approval method. The determination of… Continue Reading

Condo Boards’ Access to Unit Limited by Court Decisions

Posted in Case Law & Court Rulings, Fiduciary Duty of Board of Directors

Two recent cases decided by Florida’s Fourth District Court of Appeal impose conditions on access to individual units by condominium association boards.  The statute provides the association with the irrevocable right of access.  Section 718.111(5), Florida Statutes says:   RIGHT OF ACCESS TO UNITS.  The association has the irrevocable right of access to each unit… 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

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

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

New Foreclosure Law Benefits Condos & HOAs

Posted in Foreclosures, Legislation

Gov. Rick Scott signed House Bill 87 on Friday.  The new law takes effect immediately and is intended to speed up the foreclosure process.  Yeline Goin’s take was published by the local newspaper in Tallahassee.  Read the article by clicking below: Yeline Goin: Foreclosure bill offers benefits for associations.  

HUD issues memo to housing providers regarding service animals and assistance animals for disabled persons

Posted in Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

 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

Proposed opinion defining actions considered UPL for CAMs leaves unanswered questions

Posted in Fiduciary Duty of Board of Directors, Operations

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

Preeminent Regional Law Firm Joins Becker & Poliakoff

Posted in Uncategorized

Becker & 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 Insurance

If 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