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

Tag Archives: Florida

Florida Condo Associations Cannot Waive Year-End Audits for More than Three Consecutive Years

Posted in Budgets, Reserves & Financial

Question: Our annual budget is always over $500,000 and requires a year-end audit unless waived by the owners, which I understand cannot be done more than three consecutive years. Is there a penalty and what could happen if the association obtains owner approval to waive the audit for more than three consecutive years? M.K. via… Continue Reading

Can a Candidate Withdraw From a Condominium Election and Then Change Their Mind?

Posted in Elections, Governing Documents, Voting

Question:  The bylaws of our condominium association specify that the board of Directors shall be comprised of not less than five nor more than seven members.  Six members filed their applications for candidacy by the required deadline (40 days before the annual meeting).  One of the members subsequently sent an email requesting that their application… Continue Reading

Why the Florida Legislature Needs to Fix Condo Sprinkler-System Problem | Sun Sentinel Opinion

Posted in Common Areas, Fire Sprinklers, Safety and security, Uncategorized, Water Sprinklers

For more than a decade older high-rise condominiums throughout Florida have been discussing, debating, and exercising their legal rights with regard to sprinkler system retrofitting requirements. In 2003, the Florida Legislature responded by allowing each community to vote to opt out of sprinklers inside their units and the right to opt out of installing an… Continue Reading

Assessments and Combined Lots in Florida HOAs

Posted in Assessment Collection, Association Documents, Governing Documents, taxation

Question: I live in a homeowners’ association community. Recently, one of our owners purchased the vacant lot next to their home. The owner has now combined the properties into one parcel with the taxing authorities and is now demanding that the association only charge them assessments for one lot, instead of two. Is this appropriate?… Continue Reading

Community Association Leadership Lobby What Community Association Bills Have Been Filed So Far?—CALL Alert for February 1, 2017

Posted in Budgets, Reserves & Financial, CALL Alert, Legislation, Uncategorized

The Florida Legislature met in Talahassee for two weeks in January, but so far, no community association bills have been heard in committee. The House Judiciary Committee, chaired by Representative Chris Sprowls, did hear a presentation about “Condominium Terminations” and the termination provisions in Section 718.117, Florida Statutes.  We expect that there will be legislation… Continue Reading

HOA Board Members Should be Wary about Contracting with Their Association

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

Question: I own the company that provides landscaping services to the community where I live. The association recently sent out a notice soliciting self-nominations for the board of directors. I submitted my nomination, but the board has indicated that I am not eligible to run given the current contract between the association and my landscape… Continue Reading

What are Pooled Reserves and How do we Implement Them?

Posted in Association Documents, Budgets, Reserves & Financial, Meetings, Uncategorized

Question: I am a new director on my condominium association board. At a recent board meeting, there was a discussion about switching to “pooled” reserves. What are pooled reserves and what does the association have to do to implement pooled reserves? R.G. Answer: Cash flow funding of condominium reserves, often referred to as the “pooling”… Continue Reading

Florida Associations Should Consider Amending Rental Provisions Now—CALL Alert for January 13, 2017

Posted in Association Documents, Governing Documents, Legislation, Rental

As we start the New Year and the 2017 legislative session, community associations should be reviewing their current rental provisions and deciding whether to propose any amendments to address minimum rental terms. If your association has a problem with short term rentals in the community and would like to adopt amendments to the governing documents… Continue Reading

Some Condominium Owner Information Is Public Record in Florida

Posted in Common Areas, Privacy, Safety and security

Question: I recently purchased a condominium unit. There is a board posted next to the elevator to my unit that contains the names of all unit owners and their unit numbers. Is the association authorized to do this? (D.L. by e-mail) Answer: There is no legal prohibition against publishing this particular information. It is a… Continue Reading

Florida Condominium Residents Should Leave Contractors Alone

Posted in Common Areas, Construction, Construction Issues & Contractual Disputes, Maintenance & Repair

Question: I live in a condominium association and there has been discussion concerning who has the authority to direct the association’s contractors and vendors, including the landscapers. We feel that because we pay for these services, these individuals work for us, and we should be able to tell them what to do. The manager told… Continue Reading

Secondhand Smoke on Condominium Lanai: What are my Rights?

Posted in Common Areas, Reader Q&A, Safety and security

Question: I just read the question you answered in one of your prior columns about a man wanting to smoke cigars in the common area of his condominium complex. You said that “the ill-health effects of secondhand smoke are well established.” I live on the second floor of a two-story condominium building. When someone smokes… Continue Reading

Condominium Association Must Repair Air Conditioning Lightning Damage

Posted in Budgets, Reserves & Financial, Hurricane/Disaster Issues, Insurance, Maintenance & Repair

Question: Recently, the outdoor air conditioning unit servicing my condominium unit was struck by lightning. I turned the claim into my insurance policy. My insurance carrier denied the claim stating that it does not insure the air conditioning unit, and that the air conditioning unit is supposed to be insured by the condominium association under… Continue Reading

Defending (My) Our Castle: A Look at Gun Regulation by Community Associations

Posted in Safety and security

By Joseph E. Adams and Jay Roberts Please click here for the entire article as a PDF On September 6, 2012, David Merritt, president of the Spring Creek Homeowners Association, called a homeowners association meeting to order. Approximately 30 minutes later, Merritt, and former president of Spring Creek Marvin Fisher, would be fatally shot by… Continue Reading

Investment of Condominium Association Funds Warrants Caution

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

Question: I am a member of my condominium association’s board of directors. Recently, we were discussing how the association’s reserve funds should be invested. Historically, we have kept the association reserve funds in savings accounts and CDs, which are fully insured. However, the returns on these accounts have been minimal. Certain members of the association… Continue Reading

Listen Live to Donna DiMaggio Berger on Topical Currents Discussing “Sprinkler Opt-outs”

Posted in Common Areas, Water Sprinklers

Donna DiMaggio Berger, Shareholder in Becker & Poliakoff’s Community Association Law Practice Group will appear on WLRN’s Topical Currents with Joseph Cooper Wednesday, November 30 at 1:00 PM. The topic of this episode will be “Sprinkler Op-outs”. Please call in and join the discussion! For more information and a link to the show’s archive, please… Continue Reading

Grant Funding Available Now for Wind Mitigation Retrofits for Vulnerable Condominium Community in Florida

Posted in Construction, Housing for Older Persons (55 and Over), Safety and security

FAIR (Florida Association for Insurance Reform) is seeking a low to moderate income condominium community to benefit from a Residential Construction Mitigation Program (RCMP) grant from the Florida Division of Emergency Management.  The $194,000 grant will be used to supplement the cost of wind mitigation improvements that increase community safety and reduce insurance premiums and… Continue Reading

Are Social Event Expenses a Proper Expense for Florida Condominium Associations?

Posted in Association Documents, Budgets, Reserves & Financial, Governing Documents, Reader Q&A

Question: My condominium association holds an annual holiday party at a nearby restaurant. The association pays for everything, including the banquet hall, food and refreshments, by using common funds. Is this a proper common expense? J.A. Answer: Maybe. Your condominium association’s governing documents likely include a definition of “common expenses.” If this definition specifically includes… Continue Reading

Condo Association Must Make Records Available Within Five Working Days of Written Request

Posted in Official Records, Reader Q&A

Question: In a recent article, you stated that the Florida Condominium Act requires associations to make records available within 5 working days of a written request. However, I thought that the Association has 10 working days to provide access to the records. Which is correct? (P.G. by e-mail) Answer: You are referring to my column … Continue Reading

Florida HOA Board Required to Act in Response to Member Petition

Posted in Meetings, Reader Q&A, Voting

Question: I am the president of my homeowners’ association and recently the board voted to proceed with a construction project within the community. Shortly after the vote, the association received a petition signed by a number of owners asking the board to reconsider the issue. Since the board has already discussed and voted on this… Continue Reading