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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 HOA’s Can Change Rental Rules

Posted in Association Documents, Rental

Question: Our homeowners’ association would like to change our current minimum rental period, which is only three days, to a thirty day minimum. If we receive a majority vote for making this amendment, do we have to “grandfather” current owners, some of which own for investing and not for personal use? (B.R. via e-mail) Answer: … Continue Reading

Florida HOA Residents Have the Right to Inspect Official Records of the Association

Posted in Association Documents, Governing Documents, Official Records, Reader Q&A

Question: I live in a homeowners’ association. I recently received a letter stating that a decorative holiday flag in my front yard is in violation of the association’s rules and regulations. I am confused because several of my neighbors have similar decorations in their gardens. I sent the community association manager an e-mail asking to… Continue Reading

Delinquent Owners not Eligible for the Board of Directors in Florida Condominiums & HOAs

Posted in Board Eligibility, Elections, Suspensions, Fines & Remedies

Question: I live in a homeowners’ association and recently submitted my intent to run for the board. However, my name was not included on the ballot that was mailed out to all of the owners. When I asked the association about it, the association said I was not eligible because I had an unpaid $100.00… Continue Reading

Status of Community Association Bills and CALL to Action on HB 653, Relating to Community Associations (Condominiums, Cooperatives, and Homeowners’ Associations) – CALL Alert for June 8, 2017

Posted in advocacy, CALL Alert, Fire Sprinklers, Legislation, Video

As of this writing, we are still waiting for the two main community association bills, HB 653 and HB 1237, to be sent to Governor Rick Scott. Once a bill is sent to him, he will have fifteen (15) days to act. He can either sign the bill into law, veto it, or allow it… Continue Reading

Donna DiMaggio Berger on WLRN’s Topical Currents

Posted in Legislation, Operations, Voting, Water Sprinklers

Condo and association law shareholder Donna DiMaggio Berger was the featured guest on WLRN 91.3FM’s Topical Currents “At Your Service” edition on Wednesday, June 7. Donna discussed what board members, managers and residents need to know about landmark association laws just passed by the Florida Legislature, including how to avoid the new criminal penalties for… Continue Reading

Summary of HB 653, Impacting Condominiums, Cooperatives, and Homeowners’ Associations

Posted in CALL Alert, Elections, Fire Sprinklers, Governing Documents, Liability, Managers (CAMS), Water Sprinklers

HB 653 (SB 744), sponsored by Representative Moraitis, passed the Florida Legislature but as of today, it has not yet been sent to the Governor for consideration.  When a bill is sent to the Governor, he has fifteen (15) days to act.  He can either sign the bill into law, veto it, or allow it… Continue Reading

Can the Association Board Fill a Vacancy Without an Election?

Posted in Association Documents, Board Eligibility, Elections, Governing Documents, Voting

Question: Recently, one of the members of our board of directors resigned from the board and sold their unit. When he announced his resignation, I expected the association to schedule an election to fill the vacancy. However, at the most recent board meeting, the board voted to fill the vacancy. Aren’t the members of the… Continue Reading

Community Association Board Members Can be Considered Limited Purpose Public Figures in Defamation Cases

Posted in Liability

There is a growing body of case law around the country which would make it more difficult for an allegedly defamed community association board member to successfully pursue his or her day in court. Is a community association board member an average, private citizen or is a community association board member really a special category… Continue Reading

Changing Governing Documents Generally Requires Homeowner Approval

Posted in Association Documents, Governing Documents

Question: My homeowners’ association is about twelve years old and we are considering doing a complete rewrite of our governing documents. Some members of the board have stated that we cannot replace our governing documents, but only amend them. Is this correct? (D.N. via e-mail) Answer:  The difference between amending the governing documents and completely… Continue Reading

Golf Balls and Windows in Florida HOAs

Posted in Liability

Question:  My home is located near the tee box of the first hole of a local golf course.  Periodically (but very infrequently) an errant golf ball strikes my house.  Two weeks ago a particularly bad golfer sent a golf ball right through my window, causing considerable damage.  I ran out to get their name and… Continue Reading

Florida Condo Board May Have Authority to Approve Changes to Common Areas

Posted in Association Documents, Common Areas, Material Alteration, Voting

Question: Recently, my condominium association installed a bike rack and bench on the property. Following the installation, I questioned the board whether these changes should have been approved by 75% of all unit owners. In response, the board stated that our documents allow the board to spend up to 5% of the association’s budget on… Continue Reading

Automated External Defibrillator Devices (AEDs) In Florida Condominiums

Posted in Liability, Safety and security

Question: My condominium association is considering purchasing an “AED” for our clubhouse. From the conversation at the meeting I understand that this is an emergency medical device to use when someone is having a heart attack. Is it appropriate for associations to purchase and install these types of devices? Wouldn’t it create significant liability for… Continue Reading

Two More Weeks Left in the 2017 Legislative Session; What Bills are Most Likely to Pass?—CALL Alert for April 24, 2017

Posted in advocacy, Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors, Legislation, Official Records, Operations, Video, Voting, Water Sprinklers

There are two weeks left in the 2017 Legislative Session—assuming it ends on time. Of the many different community association bills that were filed at the beginning of session, the following four (4) sets of bills are the ones that appear to be most likely to pass. Condominium Bills by Sen. Garcia and Rep. Diaz… Continue Reading

Eligibility to Run for Condominium Board Depends on Governing Documents

Posted in Association Documents, Board Eligibility, Governing Documents

Question:  The wife of an owner (only the husband is on the deed) is running for the Board of our condominium association.  Is she eligible to run for the Board?  I thought you had to be an owner under Florida Law to serve on a condominium association Board?  D.A. via e-mail Answer:  Florida law does… Continue Reading

Can My Condominium Association Remove Palm Trees?

Posted in Association Documents, Common Areas, Governing Documents, Landscaping, Material Alteration

Question: Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings. They claim their roots threaten the sidewalk pavers, but there are low cost solutions to address that concern.  The board also raises a concern regarding the palm fronds touching the roofs, but that is… Continue Reading

Jay Roberts Obtains Court of Appeals Reversal

Posted in Fair Housing Act

Becker & Poliakoff senior attorney Jay Roberts recently scored a win for his condominium association client in a Fair Housing Act (FHA) ruling from the Florida First District Court of Appeal (Harbour Pointe of Perdido Key Condominium Association, Inc. v. James Henkel). The appellate ruling has potentially broad implications for condominium associations. While all design… Continue Reading

Convicted Felons Ineligible for Condo Board Service in Florida

Posted in Board Eligibility, Elections

Question: My condominium association’s annual meeting is next month. Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations. While he was apparently never convicted, a lifetime ban from the securities industry was imposed against him and he was… Continue Reading

Community Update, Volume 8, 2017

Posted in Community Update

In this Issue: Arbitration Decisions – What are They and Where can I Find Them? helps you locate decisions from the Division of Florida Condominiums, Time Shares and Mobile Homes. But, I marked it “Paid in Full” will help you figure out what a restrictive endorsement on an assessment payment from an owner means to… Continue Reading

Fining Procedures Confound Condominium & Cooperative Boards in Florida

Posted in Association Documents, Governing Documents, Reader Q&A, Rules & Regulations, Suspensions, Fines & Remedies, Uncategorized

Question: Our association tried to fine an owner who violated our rules, but decided the process was too complicated. Can you provide a step-by-step outline of how fines are issued and collected? (M.G. by e-mail) Answer: Fines can be imposed against condominium and cooperative unit owners, occupants, licensees and invitees. The law for homeowners’ associations… Continue Reading

At Your Service: Condo Call-In with Donna DiMaggio Berger of Becker & Poliakoff

Posted in Elections, Fire Sprinklers, Governing Documents, Legislation, Voting, Water Sprinklers

Florida Legislators have filed bills which could give Condo and Homeowner Association boards a double-take. If passed, a volunteer board member could face criminal penalties if Association records are stonewalled, or if there are fraudulent elections. Might residents avoid trouble by choosing to stay off condo boards? Learn more on the Topical Currents “At Your… Continue Reading

Florida HOA Board Must Follow Correct Rule Procedures

Posted in Association Documents, Governing Documents, Rules & Regulations

Question: Our homeowners’ association documents say that the board can adopt rules, but don’t spell out how to do it. What procedures that must be followed? Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members? (R.L. by e-mail) Answer:… Continue Reading