The Constitution of the State of Florida gives the Supreme Court of Florida the power to regulate attorney conduct. The Supreme Court of Florida also has power to prevent actions by individuals who are not licensed to practice law in Florida. UPL, or the unlicensed practice of law, is a crime in Florida. Defining what constitutes… Continue Reading
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
Condo & HOA leaders: If you’re struggling to collect assessments in your community, this seminar is for you. Register to attend one of the three South Florida events.
Homeowners’ associations must allow owners to install solar collectors, but neighbors are not required to trim trees or prevent interference with the collectors. Several states have adopted solar rights laws.
Florida developers are required to warrant that condominium buildings and improvements are fit for the intended purposes. HOA owners do not enjoy the same protection when it comes to HOA common areas.
The Florida Bar will decide whether certain actions by Community Association Managers (CAMs) are considered the Unlicensed Practice of Law.
Becker & Poliakoff Attorneys Ellen de Haan and Scott Newsom are holding a free Legal Update class for Community Association Managers (CAM) and board members on Wednesday, May 16, at the Morocco Shrine Center in Jacksonville, Florida. This class satisfies the credit requirement for CAMs. The class is held in conjunction with a full day of… Continue Reading
Fannie Mae announced that it requires servicers to ensure any priority liens for delinquent Condo & HOA assessments are cleared immediately, but no later than 30 days, after the foreclosure sale or acceptance of a deed-in-lieu of foreclosure.
Yeline Goin, CALL Executive Director, announced that there was a lot of movement last week with the various Bills CALL is tracking this Legislative Session. HB 319/SB 680, Relating to Residential Properties The main community association bills, HB 319/SB 680, were both approved in committee this week. SB 680 was approved in the Senate Judiciary Committee. HB 319,… Continue Reading
Are community associations liable for criminal attacks against residents?
A Las Vegas HOA is currently fighting with the IRS over the question of whether $2 million held in the HOA’s savings account is subject to income tax at the rate of 30%. Associations are generally organized as not-for-profit corporations (some older associations are not incorporated) and therefore must file tax returns like other not-for-profit corporations…. Continue Reading
Information disseminated about HB 319 is in some instances false and in others, completely misleading. This post explains the history of the Safe Harbor and the legal issues involved.
HB 213 gives condos, co-ops and HOAs the ability to speed up foreclosures. This post explains how.
Condos and HOAs should not pay sales tax on electric bills – see if you qualify for the exemption and apply for a refund.
Community Associations have long been responsible for handling unit owners’ requests for access to official records. It is important to know which records are exempt and which are not exempt.
What is your policy for handling records inspections by owners? Do you have written rules? Where are the records inspections held? How many hours does the owner have to review the requested records? Does anyone help facilitate the inspection? If you are a condo or HOA board member and cannot answer these questions, its time to… Continue Reading
Investing the Association’s Funds? If so you should be familiar with the Prudent Investor Rule. Does your association have a written policy with regard to investment of association funds? If so, does the board of directors monitor the investment to ensure compliance with the policy, and, is the policy reviewed and updated from time to time?… Continue Reading
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
Condos & HOAs can be financial innovators. Take a look at these examples from the Florida Communities of Excellence Awards.
A recent ruling by the Fourth District Court of Appeal reminds associations should cross every “t” and dot every “i” before filing a foreclosure lawsuit.
Condo & HOA directors must follow statutory, regulatory and documentary provisions when adopting the association’s annual budget.
Community leaders should know that the Florida statutes require competitive bidding for significant contracts.
A case recently issued by the 3rd District Court of Appeal confirms unit owner obligations to pay validly adopted assessments. The Court in Coral Way Condominium Investments, Inc. v. 21/22 Condominium Association, Inc., recited two important statements, one of which was made by the Florida Supreme Court in 1994 in the Ocean Trail Unit Association,… Continue Reading
Community Association Managers (CAMs) are often asked (or told) to assume responsibilities that are beyond the scope of community management.