Question: The governing documents for our homeowners’ association contain a number of restrictions and rules. However, they do not contain any instructions on what happens if an owner fails to comply with the documents. If an owner is not obeying the documents, what does the homeowners’ association do? (D.H by e-mail) Answer: The association has… Continue Reading
Question: I read one of your recent blogs on the levy of fines by associations. Do the same “due process” requirements apply to collecting attorney’s fees from a unit owner? J.M. (via e-mail) Answer: No. The Florida statutes applicable to condominiums, cooperatives, and homeowners’ associations state that an association cannot levy and collect a fine unless… Continue Reading
Question: I got a notice that the Fining Committee will be considering whether to recommend that the Board levy a fine against me for failure to remove my holiday decorations within the time prescribed in the Declaration. The notice states when and where the Fining Committee will be meeting, but I do not see that… Continue Reading
2011 was a somewhat active year for community association legislation in Florida. This presentation will address changes to statutes governing collection of rent from tenants, board member eligibility issues, official records requirements and other association concerns.
Associations have new enforcement mechanisms available – due process requires careful planning & paperwork for associations to take advantage of these new remedies effectively.
The Regular Session ends April 30th. We’ve previously highlighted changes in SB 1196 and HB 561 that would impact Condos & Co-Ops, here is some information for HOA leaders and managers: Records Access: §720.303(5) Owner entitled to presumption that Association willfully denied record access after 10 business days if owner submits request via certified mail, return… Continue Reading
Imposing fines may indeed be an inexpensive alternative to filing lawsuits or arbitration petitions but does it actually help in curing violations or deterring owners from violating the association’s use restrictions?
Broward County’s Permitting, Licensing and Consumer Protection Division issued a warning to residents not to be misled if they receive a letter from “National Department of Renewable Resources”.