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: condominium law
Property Managers not immune from claims by owners.
Posted in LiabilityClaims are brought against community associations and community association managers (CAMs) all the time for various complaints relative to the maintenance, management and/or operation of the community. If you are reading this you probably already know that these kinds of lawsuits seem to be on the rise. Did you know that subtle distinctions in the… Continue Reading
Condo Associations & HOAs Losing Millions Nationwide
Posted in Budgets, Reserves & Financial, Fiduciary Duty of Board of DirectorsAccording 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
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
Getting Rid of Second-Hand Smoke in a Multi-Family Building: HUD Agrees!
Posted in OperationsHate dealing with second hand smoke in your condominium? I often hear complaints from board members about the extra costs incurred by the association as a result of heavy smokers. They have staff sweeping up cigarette butts day after day, hire outside vendors to steam clean upholstery, curtains and area rugs and the windows must be washed… Continue Reading
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 Condominium Law Protects Condo Owners from Construction Defects
Posted in Construction Issues & Contractual Disputes, Developer ObligationsFlorida developers are required to warrant that condominium buildings and improvements are fit for the intended purposes. HOA owners do not enjoy the same protection when it comes to HOA common areas.
Mortgage Termination Lawsuits Do Not Give Associations Clear Title
Posted in Assessment Collection, ForeclosuresThe largest title insurance company in Florida (Attorneys’ Title Fund Services, LLC, also known as “The Fund”) recently published an opinion by its underwriting counsel cautioning attorneys and title insurance companies against closing and insuring any transaction where the association’s title was obtained through a “mortgage terminator” lawsuit. What is a “mortgage terminator” lawsuit?… Continue Reading
HUD Challenges Condo Association’s Procedures for Approving Accommodation Animals
Posted in Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications, Service Animals/Emotional Support AnimalsHUD charges another condominium association with discrimination as a result of its policies (and practices) related to service or accommodation animals.
Associations Facing Lawsuits Over Claimed Billing Errors
Posted in Assessment CollectionCondominium and community association owners are apparently taking advantage of the old adage"the best defense is a good offense". There seems to be a new trend – not a good one – where owners file lawsuits as a result of the amount claimed by the association as due on an estoppel certificate. Condo and HOA laws require… Continue Reading
Association Contracts: Beware of Doctrine of Apparent Authority
Posted in OperationsMore in our series of questions asked by local community leaders. Question: What makes a contract legal? Who has to sign it? Is it only our Secretary? Answer: There are entire treatises devoted to this subject. From an attorney’s point of view, contracts must contain mutual obligations and adequate consideration to be valid and binding. The… Continue Reading
Failing to Handle Requests for Reasonable Accommodations (Emotional Support Animals) Appropriately has Consequences
Posted in Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications, Service Animals/Emotional Support AnimalsThe case against a condo association in Century Village reported by the Sun-Sentinel prompted me to alert readers of the consequences associated with violations of state and federal fair housing laws. If you aren’t familiar with the case click HERE for the most recent article. In short, Broward County filed a lawsuit against the condominium association for discrimination and… Continue Reading
What happens if you buy a brand-name condo and the brand name backs out?
Posted in Developer ObligationsBig prestige brings big money – at least that what developers hoped for when marketing some fabulous projects (or projects that were supposed to be fabulous) in South Florida, Las Vegas, New York and other high profile places. Buyers rushed to put down deposits on condominiums in the Canyon Ranch building, the Jorge Perez/George Clooney building, the new Trump… Continue Reading
What Rules and Regulations are Enforceable?
Posted in Covenant Enforcement/Violations, OperationsI am often asked by readers whether guest restrictions are enforceable. Residents often want to know whether the Association can require them to notify management when guests arrive or whether it is appropriate to require guests to register with the Association. The answer to these questions is, almost inevitably, “it depends”. Readers are not usually… Continue Reading
Has Your Association Updated its Frequently Asked Questions & Answers Disclosure?
Posted in Official Records, OperationsThe Florida Condominium Act requires both developer-controlled associations and unit-owner controlled associations to prepare a “Frequently Asked Questions and Answers” (commonly referred to as a “Q&A Sheet”). The Q&A Sheet must include information: regarding unit owners’ voting rights; unit use restrictions, including restrictions on leasing of a unit; indicating whether and in what amount the unit owners… Continue Reading
Master Association Blocks Owners from Pool and Recreational Facilities
Posted in OperationsThe Quail Run story demonstrates the power one, two or a few delinquent owners have over the paying owners. According to the Sun-Sentinel, close to 100 condo owners have been shut out of the pool, clubhouse and other Quail Run recreational facilities, even though a very small minority are behind in payment of maintenance fees…. Continue Reading
HUD Proposes Rule to Prohibit Housing Discrimination Based on Sexual Orientation or Gender Identity
Posted in Discrimination/Fair HousingAssociations, community leaders and managers are often the target of housing discrimination claims. It is against Florida law to discriminate against anyone with respect to sale, rental or terms and conditions of housing based upon race, color, national origin, sex, handicap, familial status or religion. New HUD rules would expand the categories of persons entitled… Continue Reading
Someone’s knocking at the door- do you let them in?
Posted in OperationsIn our litigious society, lawsuits are just a part of life. Whether its a foreclosure, divorce, business dispute, credit card debt, injury claim from a traffic accident or otherwise, its likely that several of the residents of your community are and will be involved in lawsuits from time to time. When a lawsuit is filed, the Clerk of… Continue Reading
2010 Year In Review – Links to Webinars, Course Registrations and Articles for Condo & HOA Boards
Posted in EventsThe Firm recently published its last community association newsletter for the year. For the past few years Volume XII of Community Update is a Year In Review. We take this opportunity to re-visit the articles that appeared in our publication during the past year and hope you find it useful as a reference to the… Continue Reading
Filing your Annual Corporate Report? Watch out for Clever Offer by Email
Posted in OperationsEvery business entity (corporation, limited liability company, and limited partnership) is required to file an Annual Report each year with the Department of State, Division of Corporations in order to maintain its “active” status. Many associations use the internet (www.sunbiz.org) to file the Annual Report, change the Registered Agent or change officer/director information. It is a… Continue Reading
Fighting Fraud with the FTC “Red Flags” Rule
Posted in OperationsDoes Your Business or Organization Have Policies in Place to Prevent Identity Theft? Why Is This Rule Necessary? Identity theft results in billions of dollars in losses each year to individuals and businesses. Identity theft is described by the FTC as a fraud attempted or committed using identifying information of another person without authority. What Action… Continue Reading
Bad Tenants? Get Them Out!
Posted in Covenant Enforcement/Violations, OperationsIt is not unusual for non-compliant tenants or tenancies to create dissension in a community. Sometimes the tenants haven’t been screened, there may be too many occupants or too many vehicles, the tenants make noise and don’t care if they disturb the neighbors, the tenants use so much water it seems like the shower is on… Continue Reading