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
Information disseminated about HB 319 is in some instances false and in others, completely misleading. This post explains the history of the Safe Harbor and the legal issues involved.
HB 213 gives condos, co-ops and HOAs the ability to speed up foreclosures. This post explains how.
SB 1196 is anti-consumer legislation that leaves home buyers out in the cold, while developers are off the hook for shoddy or defective common area improvements.
Condos and HOAs should not pay sales tax on electric bills – see if you qualify for the exemption and apply for a refund.
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
Investing the Association’s Funds? If so you should be familiar with the Prudent Investor Rule. Does your association have a written policy with regard to investment of association funds? If so, does the board of directors monitor the investment to ensure compliance with the policy, and, is the policy reviewed and updated from time to time?… Continue Reading
Attention HOA and other home owners, board members and CAMs: There is an attempt to legislatively control (and limit) homeowner rights and remedies for construction defects. As I explained in Homeowners’ Associations: New Ruling Supports Compensation for Construction Defects and Florida Supreme Court to Decide Whether Homeowners Associations Entitled to Implied Warranties the HOA statutes do not provide homeowners… Continue Reading
Last November I posted a blog ( Homeowners’ Associations: New Ruling Supports Compensation for Construction Defects) alerting readers to an important appellate decision holding that buyers and homeowners’ associations are entitled to a common law implied warranty of fitness and merchantability with respect to the roadways, drainage systems, retention ponds and underground pipes in a residential subdivision. Florida Condominium… Continue Reading
HOA Boards are required to enforce community rules and regulations, but when does that enforcement go too far?