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

Tag Archives: hoa law

Drones & Privacy – Condo and HOA leaders need to know about a new law called the Freedom from Unwanted Surveillance Act.

Posted in CAM, Covenant Enforcement/Violations, Legislation

This new law went into effect July 1. It prohibits a person, state agency or political subdivision from using a drone to capture the image of a privately owned property or anyone on the property with the intent to conduct surveillance. Those that wish to use drone technology in this manner must have written consent… Continue Reading

Florida Condos & HOAs: Are you ready for electronic voting?

Posted in Elections, Legislation, Meetings, Operations

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

Hurricane Season is here – are you prepared?

Posted in Hurricane/Disaster Issues, Insurance

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

Condos & HOAs can save money by conserving water

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

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

Condo cannot collect safe harbor from mortgagee after foreclosure

Posted in Assessment Collection, Case Law & Court Rulings, Foreclosures, Safe Harbor

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

Broward Condos & HOAs subject to new screening regulations

Posted in Discrimination/Fair Housing, Fiduciary Duty of Board of Directors

    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

Screening potential purchasers or tenants in Broward County

Posted in Discrimination/Fair Housing, Land Use and Government Issues

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

New Foreclosure Law Benefits Condos & HOAs

Posted in Foreclosures, Legislation

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.  

Should HOAs be required to register with the State of Florida?

Posted in Legislation

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

HOA Traffic Enforcement

Posted in Covenant Enforcement/Violations, Suspensions, Fines & Remedies

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

Disaster/Hurricane Planning for Condos & HOAs

Posted in Hurricane/Disaster Issues

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

Attorneys Ellen de Haan and Scott Newsom Offer Free Legal Update

Posted in Events

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