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
Tag Archives: florida condo law
Asking to be an Additional Insured?
Posted in Construction Issues & Contractual Disputes, InsuranceBoard 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 IssuesCourse 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&AThe 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 OperationsFlorida’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 LegislationCALL 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 OperationsOk – 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
Free Seminar: Industry Trends You Can’t Afford to Ignore
Posted in OperationsCommunity association board members and CAMs are encouraged to attend this timely & free educational session led by industry experts.
Board Certification Class in Fort Lauderdale
Posted in EventsEverything 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 CollectionThe 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
HOA or Condo Association – does it matter?
Posted in Arbitration & Court RulingsThere are different laws governing condominiums, cooperatives and homeowners’ associations in Florida. This post explains a few of those differences.
Due Diligence Important for Community Leaders
Posted in Arbitration & Court RulingsPortions of the property in a community association may carry tax obligations. Under most circumstances the association can apply for nominal valuation of the property.
Condominium Board Member Education – Learn How to Comply with this Podcast
Posted in OperationsThis latest video podcast from Ken Direktor discusses the education requirements for condominium board members in Florida.
Section 8 Rental Payments Diverted to HOA – Is There a Need for New HUD Regulations?
Posted in Assessment CollectionA community association now collects Section 8 rental subsidies directly from the local housing authority.
Does the Association Have to Provide (and Pay for) an Interpreter as a Reasonable Accommodation?
Posted in Discrimination/Fair HousingAnother lawsuit lodged against a condominium association claiming a Fair Housing Act violation for failing to make a reasonable accommodation. What is involved in determining whether an accommodation is reasonable?
2011 Condo/HOA “Demand for Rent” Letter
Posted in LegislationHas 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 OperationsEver 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 OperationsThe 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 OperationsMore 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, OperationsDoes 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 IssuesWe 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
Disaster Planning for the 2011 Hurricane Season – Are You Ready to Weather the Storm?
Posted in Hurricane/Disaster Issues, InsuranceLIVE WEBINAR Disaster Planning for the 2011 Hurricane Season – Are You Ready to Weather the Storm? Wednesday, June 1, 2011 10:00 AM– 11:00 AM Hurricane Season is officially here. While we have had a couple of years in Florida that have perhaps lulled us into a certain complacency, the prediction in 2011 is for… Continue Reading
Court Issues Injunction Against Master Association that Suspended Use
Posted in Assessment CollectionI promised an update on the Master Association Blocks Owners from Pool and Recreational Facilities post when a result became known. A Palm Beach County Circuit Court Judge ruled yesterday that the Master Association governing the Quail Run community was not entitled to suspend use of the recreational facilities by all of the owners in one of the condominiums… Continue Reading
Mortgage Options: Sharp Increase In Use of FHA Backed Financing
Posted in Assessment Collection, Mortgages, OperationsOver 40% of the Home Loans Issued in Two Major Florida Cities in February are Government-Insured FHA Loans. The marketability of the homes in your community is highly dependent upon the availability of mortgage financing. We’ve included several posts on this site regarding purchase money financing issues over the past 2 years, including reporting on the changes to federal underwriting guidelines. Since mortgage… Continue Reading