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

Tag Archives: Condominium

Who Pays To Maintain Covered Parking Spaces Only Available To Some?

Posted in Common Areas, Maintenance & Repair, Reader Q&A

Question: Certain units in my condominium have assigned covered parking and the right to use the covered parking space goes with the unit. Recently, the board advised the owners with covered parking spaces that the cost of maintaining the parking structure was going to be charged to just those unit owners. Is this permissible? M.M…. Continue Reading

New Bills Will Significantly Impact HOA Operations in Florida

Posted in advocacy, CAM, Legislation

Representative John Cortes has filed three separate bills which significantly impact community associations, and in particular, homeowners’ associations. The bills are: HB 653, Relating to Homeowners’ Associations:  The bill, among other things, provides that the Division of Condominium, Timeshares, and Mobile Homes will be renamed as the Division of Condominiums, Homeowners’ Associations, Timeshares and Mobile… Continue Reading

Are Skylights A Window or Part of the Roof?

Posted in Maintenance & Repair, Operations, Reader Q&A

Question: I live in condominium consisting of 46 free-standing single family homes; 22 of them were built with skylights. During the rainy season, my roof developed a leak originating from the skylight. When I reported the leak, the association said that repairing the skylight was my responsibility. The declaration does not list skylights as a… Continue Reading

Can The Condominium Association’s Lawyer Also Represent The Manager?

Posted in Reader Q&A

Question: A unit owner in the condominium where I live filed separate complaints with the Department of Business and Professional Regulation against the condominium association and the management company, The association’s legal counsel represented both the association and the management company with respect to these complaints, Is it legal and/or ethical for an attorney to… Continue Reading

Clearly Defining Nuisance Activity in Your Governing Documents Can Help Association Boards Avoid Future Headaches

Posted in Association Documents, Common Areas, Rules & Regulations

(Reposted from The Community Association Law Blog) A nuisance is generally defined as a person, thing or circumstance which causes inconvenience or annoyance. For some people living in shared ownership communities, there is no escaping a nuisance situation that has risen to a level which impacts the enjoyment of their homes and their community. If… Continue Reading

Becker & Poliakoff Announces Free Condo and HOA Seminars

Posted in Education

Becker & Poliakoff is 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… Continue Reading

Must Community Associations in Florida Provide Handicapped Parking?

Posted in Discrimination/Fair Housing, Reader Q&A, Reasonable Accommodations or Modifications

Question: In a previous blog you stated that under some circumstances an association may be required to designate a particular parking space for an owner’s use if they were handicapped. What provision of the fair housing laws would require such a designation?  L.K. (via e-mail) Answer: I believe you are referring to my December 4,… Continue Reading

Could Lower Real Property Tax Bills Result in a Healthier Financial Picture for your Association?

Posted in taxation

Very often, volunteer boards ask just how involved they can and should be when it comes to assessing the financial health of their individual members. Most boards understand the power of bulk purchases when it comes to contracting with vendors for various services and products as a means to save their members money. Some boards… Continue Reading

Can a Satellite Dish be Installed on a Condominium Building?

Posted in Covenant Enforcement/Violations, Reader Q&A, Rules & Regulations

Question: I am currently renting a condominium unit that is on the second floor of a four-story building and want to get satellite television. The satellite television provider came out and said that because of the direction of the building, the only way I can get signal is to install the reception dish on the roof… Continue Reading

Florida Shared Ownership Statutes Continue to Catch up with Digital Age

Posted in Elections, Legislation

Given the significant percentage of Floridians living in all types of shared ownership communities, it is not surprising that each year we see at least a handful of bills pass which directly or indirectly impact those private residential communities and one primary association bill which contains both substantive changes and technical fixes needed to address… Continue Reading

What is Your Community’s Most Outlandish Emotional Support Animal Request?

Posted in Education, Service Animals/Emotional Support Animals

I am going to preface this blog post by stating that there are individuals who struggle with emotional disabilities and who can legitimately benefit from the use of an emotional support animal. However, this blog post is not about those people. Unfortunately, those of us who live in shared ownership communities, serve on their boards… Continue Reading

Who Replaces Floor Tile After Condo Association Pipe Repair Project?

Posted in Maintenance & Repair, Operations, Reader Q&A

Question: Our condominium buildings were built over 30 years ago with cast iron pipes. These pipes are cracking and collapsing under the bathroom concrete floors of the first floor units. The association is in the process of replacing the pipes, which requires the association to first remove the flooring and break up the concrete floor… Continue Reading

Assessment Allocations for Condominium Units are Set in the Governing Documents

Posted in Assessment Collection, Common Areas, Reader Q&A

Question: We own a unit in a five unit condominium.  Four of the units are contained in one building and one unit is a standalone building. The units in the four-plex are each approximately 1,750 square feet, while the unit in the standalone building is approximately 2,300 square feet. Our declaration of condominium provides that… Continue Reading

Security Lights Keep Resident Awake At Night

Posted in Common Areas, Reader Q&A, Safety and security

Question: Our condominium building just had new security lights installed.  These new lights were not discussed at a membership meeting and the unit owners were not given the opportunity to vote in favor of or against the installation.  These lights illuminate my entire unit, making it difficult for me to sleep.  Can the board make these… Continue Reading

HOA Management Contracts Should Spell Out Extra Fees In Detail

Posted in Reader Q&A

Question: Our homeowners’ association recently signed a new contract with a management company. The contract discusses a number of fees that the management company will charge the association in connection with handling certain owner-related tasks such as collections and records inspection. Are these charges permissible? E.M. (via e-mail)   Answer: There are two issues to… Continue Reading

Association’s Pooled Reserves Require Attention To Detail

Posted in Budgets, Reserves & Financial, Operations, Reader Q&A

Question: I have a follow-up question to your recent column concerning reserve accounts. It is my understanding that the association’s board of directors, without a member vote, can change from straight line reserve funding to pooled reserve funding for future reserve funds. However, to move existing straight line reserve funds to a pool method would… Continue Reading

Handicap Parking Space Requirements Subject to a Variety of Laws

Posted in Disability, Discrimination/Fair Housing, Reader Q&A, Reasonable Accommodations or Modifications

Question: How many handicapped parking spaces is our community required to have, where must they be placed and what local, state or federal law governs? J.B. (via e-mail) Answer: The requirements for handicapped parking spaces in any community can vary greatly depending on the age of the community, the type of community, the number of… Continue Reading

Interior Shell Or Box Of Air Often Defines A Unit

Posted in Reader Q&A

Question: In one of your recent blogs, you referred to the condominium “unit”. What is a “unit”?  I understand that it is “paint in, ceiling down, and slab up.”  Is this correct? L.G. (via e-mail) Answer: The “unit” is the portion of the “condominium property” that the “unit owner” holds legal title to. The unit, when… Continue Reading

Attempting To Change Assessments In A Condominium Can Be An Almost Impossible Task

Posted in Assessment Collection, Owner Payment Responsibility, Reader Q&A

Question: I recently purchased a unit in a condominium community. Half of the units are two-bedroom units and half are three-bedroom units. However, assessments are shared equally. I do not think I should have to subsidize insurance, repairs, and maintenance for the larger units, as I own a two-bedroom unit. I would like to bring… Continue Reading