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

Tag Archives: Condominium

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

Grant Funding Available Now for Wind Mitigation Retrofits for Vulnerable Condominium Community in Florida

Posted in Construction, Housing for Older Persons (55 and Over), Safety and security

FAIR (Florida Association for Insurance Reform) is seeking a low to moderate income condominium community to benefit from a Residential Construction Mitigation Program (RCMP) grant from the Florida Division of Emergency Management.  The $194,000 grant will be used to supplement the cost of wind mitigation improvements that increase community safety and reduce insurance premiums and… Continue Reading

Condo Association Must Make Records Available Within Five Working Days of Written Request

Posted in Official Records, Reader Q&A

Question: In a recent article, you stated that the Florida Condominium Act requires associations to make records available within 5 working days of a written request. However, I thought that the Association has 10 working days to provide access to the records. Which is correct? (P.G. by e-mail) Answer: You are referring to my column … Continue Reading

Governor Declares a State of Emergency in Advance of Hurricane Matthew — CALL Alert for October 4, 2016

Posted in CALL Alert, Hurricane/Disaster Issues

Governor Scott has signed Executive Order 16-230 declaring a state of emergency for every Florida county due to the severity and magnitude of Hurricane Matthew. Governor Scott said, “Hurricane Matthew is a life-threatening category four hurricane and we must all take it seriously. If Hurricane Matthew directly impacts Florida, there could be massive destruction which… Continue Reading

Privacy Rights Should Be Guarded

Posted in Association Documents, Discrimination/Fair Housing, Rental

Question: Our declaration of condominium documents give the board the right to approve sales and leases. We have no one on our board that has experience in reviewing application information. A former board member, who is also an attorney, helps us review the information we receive. He makes a recommendation as to whether the application… Continue Reading

New Class in Sarasota, Florida: Condo Construction Projects Gone Wild!

Posted in Construction, Construction Issues & Contractual Disputes, Insurance, Maintenance & Repair

Presented By: Conrad Lazo and Steven H. Mezer Provider #0000811, Course #9626710, 2 HR CEU Credits This class is designed to educate community association managers and board members about the issues and pitfalls associated with community association renovations, maintenance and repairs to association property. We will address various issues including: Certificates of Insurance – Additional… Continue Reading

Embracing Technology for the Betterment of Florida’s Residential Communities

Posted in Elections, Fraud, Voting

The commentary published Aug. 23 by attorney Jason M. Vanslette of Kelley Kronenberg regarding online voting for community associations fails to acknowledge or address the needs of such associations, the changing demographic in Florida communities or the capabilities of the available software. Rather, the article reflects thinking that is stuck in the past. Florida has… Continue Reading

Did My Association Legally Adjourn a Membership Meeting to a Later Date?

Posted in Governing Documents, Meetings, Operations, Voting

Question: My condominium association was set to have a big vote on some controversial amendments to the governing documents a few weeks ago. The proposed amendments include leasing changes that are onerous to investors and changes to the pet rules that seem totally unnecessary. I am strongly against these amendments, as are many other owners…. Continue Reading

The Airbnb Phenomenon and What It Means for Your Community Association

Posted in Association Documents, Rental

If your community association is located in or relatively near an area that is attractive to tourists, it is time for your board to start discussing the Airbnb phenomenon and what it might mean in the coming years. Sites like Airbnb, VRBO (Vacation Rentals by Owner), FlipKey, HomeAway, and Roomorama tout the fact  that they… Continue Reading

Becker & Poliakoff Announces New Condominium & HOA Classes

Posted in Budgets, Reserves & Financial, Construction Issues & Contractual Disputes, Hurricane/Disaster Issues, Service Animals/Emotional Support Animals

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

The Fuss about Florida’s Fire Sprinkler Opt Out Deadline

Posted in CALL Alert, Safety and security

Dear CALL Members: The Division of Florida Condominiums, Timeshares and Mobile Homes (“Division”) has recently been quoted in several media articles advising that all multifamily buildings in Florida, regardless of height, must install sprinklers unless they opt out prior to the December 31, 2016 deadline. In the aftermath of that revelation, some Florida attorneys are… Continue Reading

There is a Difference Between Requests to Inspect Official Records and Certified Inquiries

Posted in Association Documents, Official Records, Uncategorized

Question: We have a resident asking for clarification on the proper procedure to obtain copies of an invoice for work performed in the community. In a previous column, I thought you stated that requests for official records in a condominium association must be submitted by certified mail. Does this same requirement apply to a request… Continue Reading