Every year I hear the same complaints about the procedures associated with obtaining a membership vote to approve some action or with respect to the election itself. Apathy on the part of owners can really restrict community operations. Many communities are stuck with governing documents written in the “dark ages” and cannot take advantage of statutory… Continue Reading
This checklist is just the start. Please download our comprehensive Hurricane Preparedness and Recovery Guide for information regarding disaster mitigation, securing insurance proceeds, compliance with typical policy requirements, restoration of the property and planning needs. 1. Disaster Plan – Do a risk analysis of potential consequences of a storm and develop a complete disaster plan, designating a responsible… Continue Reading
Strangers living in your community concern you? Is this especially true when the unit owner hasn’t paid maintenance fees for years and the home is subject to a foreclosure lawsuit? Channel 9 in Orlando recently did a story about squatters taking up residence in a condominium community. The squatters are seemingly the cause of criminal… Continue Reading
The legislature is concerned about the quality of water delivered to end users in this state. While water rates have increased (in some cases significantly) over the past few years, apparently those increases do not translate to better water quality. The bill is designed to create additional water standards and allow customers to petition to… Continue Reading
Court explains “safe harbor” and says: “individualized charges, such as interest, late fees, collection costs and attorney’s fees do not fit within the statutory or common sense understanding of “regular periodic assessments” A little more than a year ago there was a huge debate over the interpretation of the “safe harbor” language in §718.116, Florida… Continue Reading
On September 10, Broward County Commissioners adopted changes to the local Human Rights Ordinance after hearing testimony of community leaders largely united in opposition thereto. BrowardCounty’s Human Rights Ordinance already prohibited discrimination in housing and employment practices. It already included protections beyond the Florida Statutes and Federal Law. For example, the Ordinance prohibits… Continue Reading
A proposed change to the Broward County Human Rights ordinance impacts how your association will process applications for transfer (sale or lease) approval. Compliance with federal, state and local fair housing laws is mandatory and thus community leaders must become familiar with what the law prohibits. The Broward County Human Rights Ordinance prohibits discrimination in… Continue Reading
Gov. Rick Scott signed House Bill 87 on Friday. The new law takes effect immediately and is intended to speed up the foreclosure process. Yeline Goin’s take was published by the local newspaper in Tallahassee. Read the article by clicking below: Yeline Goin: Foreclosure bill offers benefits for associations.
Update by Yeline Goin The mortgage foreclosure bill, HB 87, was sent to Governor Scott on May 28, 2013, and the Governor must act on the bill by June 12, 2013. If you want to be notified as soon as Governor Scott acts on the bill, you can follow me on Twitter: @YelineGoin_CALL. I… Continue Reading
If you are following proposed legislation impacting community associations you know that there is significant activity this year. Below you will find a full and complete explanation of the action taken yesterday in connection with SB 580. While SB 580 contains many positive and beneficial changes, it isn’t free from all controversy. Many community leaders object to having to register… Continue Reading
New Ruling Authorizes Private Security to Detain & Ticket Crazy drivers speed through communities endangering the lives of children and other residents. Tailgaters follow residents through the gates jeopardizing HOA security measures. Drivers ignore stop signs because, after all, it’s only the HOA stop sign. How long will it take for a reckless driver to… Continue Reading
Tropical Storm Debby reminds Condo & HOA leaders of the importance of proper disaster planning. Here are some tips to assist in your planning efforts. I’ll include more tips in the coming weeks. Some examples of ways that managers, board members, etc., can prepare their offices in advance of a natural disaster: The first step is… Continue Reading
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
HOAs are being sued in federal court for charging more fees, costs and assessments than permitted by law.
Neighborhood lakes or retention ponds erode over years due to various reasons. Homeowners associations may have to spend hundreds of thousands of dollars for erosion prevention and control. A non-native species of catfish contributes to the problem.
The Trayvon Martin tragedy should cause community leaders and board members to review any crime watch policies or neighborhood programs.
Attorney Lisa Magill is quoted in several HOA Leader articles including a recent article containing tips how to avoid risks associated with use of credit or debit cards.
A condominium association and its management company paid $20,000 to settle an emotional support animal accommodation case.
A vote may take place on SB 1196 this week. CALL urged its members to notify senate members about opposition to the bill.
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