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

Tag Archives: Condominium

Status of Community Association Bills and CALL to Action on HB 653, Relating to Community Associations (Condominiums, Cooperatives, and Homeowners’ Associations) – CALL Alert for June 8, 2017

Posted in advocacy, CALL Alert, Fire Sprinklers, Legislation, Video

As of this writing, we are still waiting for the two main community association bills, HB 653 and HB 1237, to be sent to Governor Rick Scott. Once a bill is sent to him, he will have fifteen (15) days to act. He can either sign the bill into law, veto it, or allow it… Continue Reading

Summary of HB 653, Impacting Condominiums, Cooperatives, and Homeowners’ Associations

Posted in CALL Alert, Elections, Fire Sprinklers, Governing Documents, Liability, Managers (CAMS), Water Sprinklers

HB 653 (SB 744), sponsored by Representative Moraitis, passed the Florida Legislature but as of today, it has not yet been sent to the Governor for consideration.  When a bill is sent to the Governor, he has fifteen (15) days to act.  He can either sign the bill into law, veto it, or allow it… Continue Reading

Automated External Defibrillator Devices (AEDs) In Florida Condominiums

Posted in Liability, Safety and security

Question: My condominium association is considering purchasing an “AED” for our clubhouse. From the conversation at the meeting I understand that this is an emergency medical device to use when someone is having a heart attack. Is it appropriate for associations to purchase and install these types of devices? Wouldn’t it create significant liability for… Continue Reading

Two More Weeks Left in the 2017 Legislative Session; What Bills are Most Likely to Pass?—CALL Alert for April 24, 2017

Posted in advocacy, Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors, Legislation, Official Records, Operations, Video, Voting, Water Sprinklers

There are two weeks left in the 2017 Legislative Session—assuming it ends on time. Of the many different community association bills that were filed at the beginning of session, the following four (4) sets of bills are the ones that appear to be most likely to pass. Condominium Bills by Sen. Garcia and Rep. Diaz… Continue Reading

Eligibility to Run for Condominium Board Depends on Governing Documents

Posted in Association Documents, Board Eligibility, Governing Documents

Question:  The wife of an owner (only the husband is on the deed) is running for the Board of our condominium association.  Is she eligible to run for the Board?  I thought you had to be an owner under Florida Law to serve on a condominium association Board?  D.A. via e-mail Answer:  Florida law does… Continue Reading

Can My Condominium Association Remove Palm Trees?

Posted in Association Documents, Common Areas, Governing Documents, Landscaping, Material Alteration

Question: Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings. They claim their roots threaten the sidewalk pavers, but there are low cost solutions to address that concern.  The board also raises a concern regarding the palm fronds touching the roofs, but that is… Continue Reading

Jay Roberts Obtains Court of Appeals Reversal

Posted in Fair Housing Act

Becker & Poliakoff senior attorney Jay Roberts recently scored a win for his condominium association client in a Fair Housing Act (FHA) ruling from the Florida First District Court of Appeal (Harbour Pointe of Perdido Key Condominium Association, Inc. v. James Henkel). The appellate ruling has potentially broad implications for condominium associations. While all design… Continue Reading

Convicted Felons Ineligible for Condo Board Service in Florida

Posted in Board Eligibility, Elections

Question: My condominium association’s annual meeting is next month. Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations. While he was apparently never convicted, a lifetime ban from the securities industry was imposed against him and he was… Continue Reading

Community Update, Volume 8, 2017

Posted in Community Update

In this Issue: Arbitration Decisions – What are They and Where can I Find Them? helps you locate decisions from the Division of Florida Condominiums, Time Shares and Mobile Homes. But, I marked it “Paid in Full” will help you figure out what a restrictive endorsement on an assessment payment from an owner means to… Continue Reading

Fining Procedures Confound Condominium & Cooperative Boards in Florida

Posted in Association Documents, Governing Documents, Reader Q&A, Rules & Regulations, Suspensions, Fines & Remedies, Uncategorized

Question: Our association tried to fine an owner who violated our rules, but decided the process was too complicated. Can you provide a step-by-step outline of how fines are issued and collected? (M.G. by e-mail) Answer: Fines can be imposed against condominium and cooperative unit owners, occupants, licensees and invitees. The law for homeowners’ associations… Continue Reading

Becker & Poliakoff Offers Condominium & HOA Classes Throughout Florida

Posted in Education, Events

We are committed to sharing our legal knowledge to help others. We do so by offering State-approved educational resources in various forms, including more than two dozen courses, conferences, panel discussions, personal meetings, and webinars that you can conveniently attend from your office or home. With this many available options, it is easy for your… Continue Reading

Condominium Associations Should List Their Attorney as the Registered Agent

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

Question: I am the President of my condominium association.  I just found out that the association was sued by a disgruntled owner.  Unfortunately, I just recently learned that the association has been “defaulted” in the lawsuit because we failed to answer the lawsuit by the deadline.  Apparently the process server served a member of the… Continue Reading

Condo Criminal Penalties Bills, Fire Sprinkler Bill, and Estoppel Bill to be Heard in Committee this Week; New HOA Rental Bill—CALL Alert for March 20, 2017

Posted in CALL Alert, Fire Sprinklers, Legislation, Rental, Water Sprinklers

Condo Criminal Penalties Bills Senator Rene Garcia and Representative Jose Felix “Pepi” Diaz filed SB 1682, Relating to Condominiums, and HB 1237, Relating to Condominiums, respectively, which include board member term limits and criminal penalties against volunteer board members for certain violations, including failure to provide access to official records and fraudulent activities related to… Continue Reading

Does Electronic Voting For Community Associations Really Work? How Do You Implement It?

Posted in Elections, Governing Documents, Meetings, Voting

Question:  I heard that the law in Florida recently changed and that owners in community associations can now vote electronically. What is required to implement electronic voting in my community?  And does it really work?  A.A. via e-mail Answer: You heard correctly. During the 2015 Legislative Session, a new law was passed authorizing condominiums, cooperatives… Continue Reading

Condominium Board Cannot Wink at House Cats

Posted in Association Documents, Housing for Older Persons (55 and Over), Pets, Rules & Regulations

Question: Our association has a “no pet” policy, going back to the developer’s original bylaws. The board has generally enforced it, but has let a few elderly owners keep “indoor cats,” since they really do not bother anyone. My neighbor recently purchased a large dog which barks constantly, keeping me awake at night. I filed… Continue Reading

Why the Florida Legislature Needs to Fix Condo Sprinkler-System Problem | Sun Sentinel Opinion

Posted in Common Areas, Fire Sprinklers, Safety and security, Uncategorized, Water Sprinklers

For more than a decade older high-rise condominiums throughout Florida have been discussing, debating, and exercising their legal rights with regard to sprinkler system retrofitting requirements. In 2003, the Florida Legislature responded by allowing each community to vote to opt out of sprinklers inside their units and the right to opt out of installing an… Continue Reading

Community Association Leadership Lobby What Community Association Bills Have Been Filed So Far?—CALL Alert for February 1, 2017

Posted in Budgets, Reserves & Financial, CALL Alert, Legislation, Uncategorized

The Florida Legislature met in Talahassee for two weeks in January, but so far, no community association bills have been heard in committee. The House Judiciary Committee, chaired by Representative Chris Sprowls, did hear a presentation about “Condominium Terminations” and the termination provisions in Section 718.117, Florida Statutes.  We expect that there will be legislation… Continue Reading

Florida Associations Should Consider Amending Rental Provisions Now—CALL Alert for January 13, 2017

Posted in Association Documents, Governing Documents, Legislation, Rental

As we start the New Year and the 2017 legislative session, community associations should be reviewing their current rental provisions and deciding whether to propose any amendments to address minimum rental terms. If your association has a problem with short term rentals in the community and would like to adopt amendments to the governing documents… Continue Reading

Some Condominium Owner Information Is Public Record in Florida

Posted in Common Areas, Privacy, Safety and security

Question: I recently purchased a condominium unit. There is a board posted next to the elevator to my unit that contains the names of all unit owners and their unit numbers. Is the association authorized to do this? (D.L. by e-mail) Answer: There is no legal prohibition against publishing this particular information. It is a… Continue Reading

Florida Condominium Residents Should Leave Contractors Alone

Posted in Common Areas, Construction, Construction Issues & Contractual Disputes, Maintenance & Repair

Question: I live in a condominium association and there has been discussion concerning who has the authority to direct the association’s contractors and vendors, including the landscapers. We feel that because we pay for these services, these individuals work for us, and we should be able to tell them what to do. The manager told… Continue Reading

Investment of Condominium Association Funds Warrants Caution

Posted in Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors

Question: I am a member of my condominium association’s board of directors. Recently, we were discussing how the association’s reserve funds should be invested. Historically, we have kept the association reserve funds in savings accounts and CDs, which are fully insured. However, the returns on these accounts have been minimal. Certain members of the association… Continue Reading

Listen Live to Donna DiMaggio Berger on Topical Currents Discussing “Sprinkler Opt-outs”

Posted in Common Areas, Water Sprinklers

Donna DiMaggio Berger, Shareholder in Becker & Poliakoff’s Community Association Law Practice Group will appear on WLRN’s Topical Currents with Joseph Cooper Wednesday, November 30 at 1:00 PM. The topic of this episode will be “Sprinkler Op-outs”. Please call in and join the discussion! For more information and a link to the show’s archive, please… Continue Reading