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

Tag Archives: florida condominium law

Proposed opinion defining actions considered UPL for CAMs leaves unanswered questions

Posted in Fiduciary Duty of Board of Directors, Operations

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

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

Attorneys Ellen de Haan and Scott Newsom Offer Free Legal Update

Posted in Events

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

Mortgage Foreclosures / Construction Warranties and HB 319

Posted in Legislation, Safe Harbor

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

Who Prepares Your Association’s Tax Return?

Posted in Assessment Collection

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

Unit Owner Access to Official Records

Posted in Official Records, Operations

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.

Some Condo/HOA Records are Off Limits to Owners

Posted in Official Records, Operations

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

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

Sometimes Offense is not the Best Defense

Posted in Assessment Collection, Fiduciary Duty of Board of Directors, Foreclosures

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