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

Tag Archives: Condominium

Community Update 2016, Volume 04

Posted in Common Areas, Community Update, Rental, Safety and security

As summer takes hold, many communities will come to life with BBQs, pool parties, and new residents now that the school year is over and families tend to relocate. In this issue, we look to help Associations navigate the summer waters as smoothly as possible. Summertime Grilling on a Condominium Balcony…Think Again While summer grilling… Continue Reading

Special Event: In The Aftermath of a Disaster

Posted in Education, Hurricane/Disaster Issues, Safety and security

Becker & Poliakoff and The American Red Cross present Prepare Your Community for a Disaster! Please join us for a unique presentation by Mr. Benjamin Bellucci, Disaster Program Manager for the American Red Cross Broward County Chapter, which is designed to prepare you and your association members for worst case scenarios. Mr. Bellucci has trained… Continue Reading

2016 Legislative and Community Association Resource Guide

Posted in CALL Alert, Legislation, Safety and security, Voting

Becker & Poliakoff and CALL’s 2016 Legislative and Community Association Resource Guide (“Guide”) is now available for viewing and printing. The Guide is applicable to all three (3) types of shared-ownership communities (condominiums, cooperatives, and homeowners’ associations). The 2016 Legislative Session ended without any significant piece of community association legislation passing. While there were many… Continue Reading

Hurricane Shutters and Florida Condominiums

Posted in Hurricane/Disaster Issues, Insurance, Rules & Regulations

Question: I am preparing to return to my northern home for the summer and intend to deploy the hurricane shutters on my condominium unit. However, the association is advising me that I cannot deploy my hurricane shutters unless there is a storm warning. Is this permissible? (B.M. via e-mail) Answer: Since hurricane season began on… Continue Reading

Online Voting: A Tool for Voter Inclusion and Fraud Deterrence

Posted in Elections, Fraud, Operations, Voting

Over the past few weeks, the Miami Herald and Univision have teamed up to investigate allegations of fraudulent condominium elections, primarily in Miami-Dade County. In fact, Miami-Dade County by far has the highest number of complaints of any county in Florida for voter fraud, according to the Department of Business and Professional Regulation, accounting for… Continue Reading

CALL’s 2016 Legislative and Community Association Resource Guide Coming Soon

Posted in advocacy, Legislation, Voting

CALL’s 2016 Legislative and Community Association Resource Guide will be available very soon.  Even though the legislative session ended without any significant piece of community association legislation passing, it is important to look back on the 2016 session and the bills that were filed, because it is likely that these issues will continue to be… Continue Reading

Are Criminal Background Checks for New Purchasers and Renters in a Community Association Discriminatory?

Posted in Discrimination/Fair Housing, Rental

This post originally appeared in The Community Association Law Blog. Most community associations screen potential purchasers and potential renters. In fact, when surveyed, many board members state that screening community occupants is one of their primary functions. What is the #1 item that typically presents a red flag on a screening application? If you said… Continue Reading

Condo/HOA Legislative Train Has Been Formed

Posted in Legislation

One of the things that happens during the last few weeks of sessions is that legislative “trains” are formed, which allows bills and issues that have stalled to remain “alive.”  These bills typically have very broad titles, such as a “Bill Relating to Education” or a “Bill Relating to Transportation.” Last week, a train was… Continue Reading

Can your Board of Directors Ban Guns in Your Community? – Part II

Posted in Rules & Regulations, Safety and security

This post originally appeared in The Community Association Law Blog. In Part I of my blog post on guns in community associations, we discussed the fact that the U.S. Supreme Court ruling in the case of District of Columbia v. Heller, 554 U.S. 570 (2008) categorized gun ownership inside a home as a fundamental right… Continue Reading

Grilling on the Balcony: What is Permissible in Florida Condominiums?

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

Question: My unit has a screened balcony (some people call it a “lanai”). I understand that I cannot use a gas grill out there, but I enjoy using my electric grill when the weather is nice. The association recently published an article in our monthly newsletter that stated that we are no longer allowed to… Continue Reading

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