Header graphic for print
Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Tag Archives: Florida

Privacy Rights Should Be Guarded

Posted in Association Documents, Discrimination/Fair Housing, Rental

Question: Our declaration of condominium documents give the board the right to approve sales and leases. We have no one on our board that has experience in reviewing application information. A former board member, who is also an attorney, helps us review the information we receive. He makes a recommendation as to whether the application… Continue Reading

Service Contracts Should Always be Reviewed by Association Attorney

Posted in Common Areas, Landscaping, Service Contracts

Question:  My condominium association entered into a landscaping contract a few months ago. The contract calls for the landscaping contractor to cut the grass, trim the trees, replace dead vegetation, and (overall) keep the property looking good. In just a short period of time the contractor is doing a lousy job. The grass isn’t cut… Continue Reading

New Class in Sarasota, Florida: Condo Construction Projects Gone Wild!

Posted in Construction, Construction Issues & Contractual Disputes, Insurance, Maintenance & Repair

Presented By: Conrad Lazo and Steven H. Mezer Provider #0000811, Course #9626710, 2 HR CEU Credits This class is designed to educate community association managers and board members about the issues and pitfalls associated with community association renovations, maintenance and repairs to association property. We will address various issues including: Certificates of Insurance – Additional… Continue Reading

Florida HOAs Should Regularly Review Architectural Review Board Guidelines

Posted in Governing Documents

Question:  I live in a homeowners association and serve as chairman of the architectural review board (ARB). An owner recently submitted an application to repaint the exterior of his home a bright yellow color. The home is currently painted light brown. Our ARB rejected the application because we feel that the proposed bright color is… Continue Reading

Association Has Several Options to Enforce HOA Documents

Posted in Association Documents, Covenant Enforcement/Violations, Rules & Regulations, Suspensions, Fines & Remedies

Question: The governing documents for our homeowners’ association contain a number of restrictions and rules. However, they do not contain any instructions on what happens if an owner fails to comply with the documents. If an owner is not obeying the documents, what does the homeowners’ association do? (D.H by e-mail) Answer: The association has… Continue Reading

The 5 Most Frequently Asked Questions About Florida Fire Sprinkler Retrofits

Posted in Fire Sprinklers, Hurricane/Disaster Issues, Insurance, Liability, Material Alteration

As the 12/31/16 deadline for Florida high-rises to opt out of a full sprinkler retrofit looms large, the confusion regarding which multifamily buildings should opt out, why and what the consequences of that opt out vote will be escalates. Here are the top five questions I’ve been asked over the last several months from condominium… Continue Reading

Did My Association Legally Adjourn a Membership Meeting to a Later Date?

Posted in Governing Documents, Meetings, Operations, Voting

Question: My condominium association was set to have a big vote on some controversial amendments to the governing documents a few weeks ago. The proposed amendments include leasing changes that are onerous to investors and changes to the pet rules that seem totally unnecessary. I am strongly against these amendments, as are many other owners…. Continue Reading

The Airbnb Phenomenon and What It Means for Your Community Association

Posted in Association Documents, Rental

If your community association is located in or relatively near an area that is attractive to tourists, it is time for your board to start discussing the Airbnb phenomenon and what it might mean in the coming years. Sites like Airbnb, VRBO (Vacation Rentals by Owner), FlipKey, HomeAway, and Roomorama tout the fact  that they… Continue Reading

Becker & Poliakoff Announces New Condominium & HOA Classes

Posted in Budgets, Reserves & Financial, Construction Issues & Contractual Disputes, Hurricane/Disaster Issues, Service Animals/Emotional Support Animals

We are committed to sharing our legal knowledge to help others. We do so by offering State-approved educational resources in various forms, including more than two dozen courses, conferences, panel discussions, personal meetings, and webinars that you can conveniently attend from your office or home. With this many available options, it is easy for your… Continue Reading

Community Update 2016, Volume 05 is Now Online

Posted in CALL Alert, Community Update, Legislation

Summer is in full swing with record temperatures and lots of beach time greeting us every day. We cannot however forget that changes affecting many communities took effect July 1st. In this issue: We provide our annual recap of community association happenings at the legislative level. This includes: SB 184 concerning rentals to Service Members… Continue Reading

BPBALLOT Online Vote a Success in Santa Rosa Florida

Posted in Association Documents, Uncategorized, Voting

Several weeks ago, our first BPBALLOT online vote was finalized up in Santa Rosa Beach and it was a grand SUCCESS! Since our first vote we have several more communities who have already purchased a BPBALLOT license and have their online votes underway. If your community has historically struggled to achieve a quorum on important… Continue Reading

The Fuss about Florida’s Fire Sprinkler Opt Out Deadline

Posted in CALL Alert, Safety and security

Dear CALL Members: The Division of Florida Condominiums, Timeshares and Mobile Homes (“Division”) has recently been quoted in several media articles advising that all multifamily buildings in Florida, regardless of height, must install sprinklers unless they opt out prior to the December 31, 2016 deadline. In the aftermath of that revelation, some Florida attorneys are… Continue Reading

There is a Difference Between Requests to Inspect Official Records and Certified Inquiries

Posted in Association Documents, Official Records, Uncategorized

Question: We have a resident asking for clarification on the proper procedure to obtain copies of an invoice for work performed in the community. In a previous column, I thought you stated that requests for official records in a condominium association must be submitted by certified mail. Does this same requirement apply to a request… Continue Reading

Can a Florida HOA Reject the Votes of a Tenant Proxyholder?

Posted in Voting

Question: I recently attended the annual meeting of my homeowners’ association. Many absentee owners sent in proxies. The association’s attorney advised the association to reject several proxies because they named a tenant as the proxyholder. The attorney said that only association members may serve as proxyholders. Is this true and should these proxies have been… Continue Reading

Special Event: In The Aftermath of a Disaster

Posted in Education, Hurricane/Disaster Issues, Safety and security

Becker & Poliakoff and The American Red Cross present Prepare Your Community for a Disaster! Please join us for a unique presentation by Mr. Benjamin Bellucci, Disaster Program Manager for the American Red Cross Broward County Chapter, which is designed to prepare you and your association members for worst case scenarios. Mr. Bellucci has trained… Continue Reading