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

Tag Archives: florida condo law

Florida Condos & HOAs: Are you ready for electronic voting?

Posted in Elections, Legislation, Meetings, Operations

Every year I hear the same complaints about the procedures associated with obtaining a membership vote to approve some action or with respect to the election itself.  Apathy on the part of owners can really restrict community operations.  Many communities are stuck with governing documents written in the “dark ages” and cannot take advantage of statutory… Continue Reading

Condo Terminations Criticized

Posted in Operations

Condominium terminations have received much negative press lately. The uprising of condominium owners fighting termination of the condominium and the anguish of owners of former condominium units has not fallen upon deaf ears. Those pleas prompted Governor Scott to write to the Secretary of the Department of Business and Professional Regulation on Thursday, September 4,… Continue Reading

Condo cannot collect safe harbor from mortgagee after foreclosure

Posted in Assessment Collection, Case Law & Court Rulings, Foreclosures, Safe Harbor

Court explains “safe harbor” and says: “individualized charges, such as interest, late fees, collection costs and attorney’s fees do not fit within the statutory or common sense understanding of “regular periodic assessments” A little more than a year ago there was a huge debate over the interpretation of the “safe harbor” language in §718.116, Florida… Continue Reading

Condo Associations & HOAs Losing Millions Nationwide

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

According to recent reports, more than 1.2 million worthless checks enter the banking system every day in the United States.  Check fraud losses account for more than 20 billion dollars per year and the number of cases is increasing by approximately 25% each year. I know from my own experience with community associations that fraud,… Continue Reading

Asking to be an Additional Insured?

Posted in Construction Issues & Contractual Disputes, Insurance

Board Certified Construction Lawyer Ryan Carpenter points out that “one size does not fit all” when referring to the additional insured requirements in construction contracts. The contractual requirement along does not mean you are covered.  Ask yourself these questions: Do you know the difference between a certificate of coverage and an endorsement? Do you know what language… Continue Reading

Disaster Preparedness: Are You Ready?

Posted in Events, Hurricane/Disaster Issues

Course for Condominum Board Members & CAMs – how to prepare, how to handle immediate mitigation needs and what to do to optimize insurance recovery.  10:00 a.m. – 12:00 p.m. Saturday, September 8, 2012 Highland Beach Library 3618 South Ocean Drive, Highland Beach, FL 33487 According to the Atlantic Oceanographic and Meteorological Laboratory, the peak hurricane season, from August… Continue Reading

Who Can Serve on the Board?

Posted in Reader Q&A

The Florida Condominium Act says that “any unit owner or other eligible person” may be a candidate for the board of directors. If the articles and bylaws are silent regarding board eligibility, then a non-unit owner would be eligible to run.

More than Your Bargained For? Avoid Paying Twice for Construction Costs

Posted in Operations

Florida’s Construction Lien Law provides contractors, laborers, subcontractors and material suppliers with the right to record a lien against property for non-payment. The lien may be valid and enforceable against you and your association, regardless of whether you have already paid the contractor for this work. Protect yourself and your owners by complying with the proper payments procedures in the law.

Legislative Update: Changes to HB 319 Approved in Committee

Posted in Legislation

CALL recently notified its members of changes to HB 319 which is the community association bill filed by Rep. Moraitis.  The changes were considered and approved by the House Civil Justice Subcommittee on December 7th.  The five (5) amendments: Clarify that condo election procedures do not apply to timeshare condominium associations. Clarify that mortgagees only have to pay 12 months of… Continue Reading

New Community Association “Sunshine” Law Booklet Published

Posted in Operations

Ok – Florida’s Government in the Sunshine Act does not apply to community associations, but community associations do have what is commonly referred to as ‘sunshine’ requirements.  Several years ago the Firm published a pamphlet outlining the ‘dos’ and ‘don’ts’ of noticing meetings.  We have recently updated this publication to incorporate changes to the statutes… Continue Reading

Board Certification Class in Fort Lauderdale

Posted in Events

  Everything You Wanted to Know about Being a Condominium Board Member… But Were Afraid to Ask!   Condominium Board Member Certification Approved by the Department of Business & Professional Regulation**     Why Attend? Comply with State Law** (see below) Understand your legal responsibilities and obligations including your “fiduciary duty” Gain insights into governing… Continue Reading

Have You Followed All the Procedures to Adopt an Assessment?

Posted in Assessment Collection

The burden is on the association to show that all required steps for adoption of assessments are completed – and documented. Section 718.112(2), Florida Statutes, sets forth a list of provisions that condominium association bylaws must contain and states that if the bylaws do not contain the listed provisions, they shall be deemed to include them. With… Continue Reading

2011 Condo/HOA “Demand for Rent” Letter

Posted in Legislation

Has your association collected rent from tenants when the landlord/owners fail to pay assessments?  If so, you should be aware that the 2011 Florida community association legislation (HB 1195) includes a form of letter to use when notifying a tenant to make rent payments to the condo or HOA.  The statute clarifies the obligation on the part of the tenant to divert rent payments to… Continue Reading

Meeting Minutes: What do you Include or Exclude?

Posted in Operations

Ever been to a community association meeting where it takes a half hour (or more) to address the form of the minutes from the previous meeting?  I’ve seen reasonable people debate, argue and become animated over the content of meeting minutes. Criticisms such as “that’s not what I said” or “you only included a portion of what I said” are… Continue Reading

Does Your Condo or HOA Have an Automated External Defibrillator?

Posted in Operations

The American Heart Association encourages the purchase and availability of automatic external defibrillators and many community associations have already purchased this life safety equipment for on-site use.  These machines have become commonplace in airports, hotels and shopping centers throughout the country. You may wonder if there is any downside to having this machine available in the community… Continue Reading

Association Contracts: Beware of Doctrine of Apparent Authority

Posted in Operations

More in our series of questions asked by local community leaders.  Question:  What makes a contract legal? Who has to sign it? Is it only our Secretary? Answer: There are entire treatises devoted to this subject. From an attorney’s point of view, contracts must contain mutual obligations and adequate consideration to be valid and binding. The… Continue Reading

Sympathetic Board Avoids Selective Enforcement Defense

Posted in Covenant Enforcement/Violations, Operations

Does your community association enforce all pet restrictions uniformly and consistently?  It’s typical, expected, and almost commonplace when community association boards of directors, managers, maintenance staff or residents “ignore” what is seen as harmless violations of the recorded restrictions or rules and regulations with regard to pets, only to be outraged later when someone sneaks in a… Continue Reading

Hurricane Webinar Follow Up Q&A

Posted in Hurricane/Disaster Issues

We want to thank the hundreds of people that registered for our webinar on June 1.  You raised important questions and issues for community leaders and managers.  The webinar is now available for replay if you could not attend.  Click HERE to view the recorded webinar. We received so many questions both during the live event and… Continue Reading