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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

Squatters? Condo leaders have options to rid the community of squatters.

Posted in Covenant Enforcement/Violations

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

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

Who Prepares Your Association’s Tax Return?

Posted in Assessment Collection

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