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

Tag Archives: hoa

Golf Balls and Windows in Florida HOAs

Posted in Liability

Question:  My home is located near the tee box of the first hole of a local golf course.  Periodically (but very infrequently) an errant golf ball strikes my house.  Two weeks ago a particularly bad golfer sent a golf ball right through my window, causing considerable damage.  I ran out to get their name and… Continue Reading

Two More Weeks Left in the 2017 Legislative Session; What Bills are Most Likely to Pass?—CALL Alert for April 24, 2017

Posted in advocacy, Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors, Legislation, Official Records, Operations, Video, Voting, Water Sprinklers

There are two weeks left in the 2017 Legislative Session—assuming it ends on time. Of the many different community association bills that were filed at the beginning of session, the following four (4) sets of bills are the ones that appear to be most likely to pass. Condominium Bills by Sen. Garcia and Rep. Diaz… Continue Reading

Community Update, Volume 8, 2017

Posted in Community Update

In this Issue: Arbitration Decisions – What are They and Where can I Find Them? helps you locate decisions from the Division of Florida Condominiums, Time Shares and Mobile Homes. But, I marked it “Paid in Full” will help you figure out what a restrictive endorsement on an assessment payment from an owner means to… Continue Reading

At Your Service: Condo Call-In with Donna DiMaggio Berger of Becker & Poliakoff

Posted in Elections, Fire Sprinklers, Governing Documents, Legislation, Voting, Water Sprinklers

Florida Legislators have filed bills which could give Condo and Homeowner Association boards a double-take. If passed, a volunteer board member could face criminal penalties if Association records are stonewalled, or if there are fraudulent elections. Might residents avoid trouble by choosing to stay off condo boards? Learn more on the Topical Currents “At Your… Continue Reading

Florida HOA Board Must Follow Correct Rule Procedures

Posted in Association Documents, Governing Documents, Rules & Regulations

Question: Our homeowners’ association documents say that the board can adopt rules, but don’t spell out how to do it. What procedures that must be followed? Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members? (R.L. by e-mail) Answer:… Continue Reading

Becker & Poliakoff Offers Condominium & HOA Classes Throughout Florida

Posted in Education, Events

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

Condo Criminal Penalties Bills, Fire Sprinkler Bill, and Estoppel Bill to be Heard in Committee this Week; New HOA Rental Bill—CALL Alert for March 20, 2017

Posted in CALL Alert, Fire Sprinklers, Legislation, Rental, Water Sprinklers

Condo Criminal Penalties Bills Senator Rene Garcia and Representative Jose Felix “Pepi” Diaz filed SB 1682, Relating to Condominiums, and HB 1237, Relating to Condominiums, respectively, which include board member term limits and criminal penalties against volunteer board members for certain violations, including failure to provide access to official records and fraudulent activities related to… Continue Reading

Does Electronic Voting For Community Associations Really Work? How Do You Implement It?

Posted in Elections, Governing Documents, Meetings, Voting

Question:  I heard that the law in Florida recently changed and that owners in community associations can now vote electronically. What is required to implement electronic voting in my community?  And does it really work?  A.A. via e-mail Answer: You heard correctly. During the 2015 Legislative Session, a new law was passed authorizing condominiums, cooperatives… Continue Reading

Florida Association Boards Can Adopt Rules for Records Requests

Posted in Association Documents, Governing Documents, Official Records

Question: In a recent column, you said that an owner wanting to inspect association records has to make a written request. Does a request by e-mail satisfy the law? (B.H. by e-mail) Answer: While the Florida Condominium, Cooperative, and Homeowners’ Association Acts all require that owners submit “written” requests to inspect records, there is no… Continue Reading

President Can’t Buck the Association Board in Florida HOAs

Posted in Association Documents, Elections, Governing Documents, Meetings

Question: I am one of five directors on my homeowners’ association’s board. After this year’s annual meeting, we elected new officers. The person voted in as president says that he can make any decision he chooses, and does not need a vote from the board. For example, he has said that he can terminate our… Continue Reading

Florida HOA Boards May Appoint an “Election Committee”

Posted in Elections, Voting

Question: Every year our homeowners’ association’s board appoints an “election committee.” The committee makes sure that the meeting notices are sent out, and otherwise runs the election, including counting the ballots. This year, the chairperson of the committee announced immediately before the final self-nomination deadline that he intended to run for the board, and resigned… Continue Reading

New Florida Condo Bill Filed by Senator Garcia Includes Criminal Penalties

Posted in Assessment Collection, Association Documents, Budgets, Reserves & Financial, CALL Alert, Elections, Official Records, Voting

Last month, the State Attorney for Miami-Dade County released a Grand Jury Report titled “Addressing Condo Owners’ Pleas for Help:  Recommendations for Legislative Action”.  You can read the Miami-Herald Article about the Grand Jury Report here. Today, Senator Rene Garcia filed SB 1682, Relating to Condominiums, which incorporates some of the recommendations of the Grand… Continue Reading

Assessments and Combined Lots in Florida HOAs

Posted in Assessment Collection, Association Documents, Governing Documents, taxation

Question: I live in a homeowners’ association community. Recently, one of our owners purchased the vacant lot next to their home. The owner has now combined the properties into one parcel with the taxing authorities and is now demanding that the association only charge them assessments for one lot, instead of two. Is this appropriate?… Continue Reading

Community Association Leadership Lobby What Community Association Bills Have Been Filed So Far?—CALL Alert for February 1, 2017

Posted in Budgets, Reserves & Financial, CALL Alert, Legislation, Uncategorized

The Florida Legislature met in Talahassee for two weeks in January, but so far, no community association bills have been heard in committee. The House Judiciary Committee, chaired by Representative Chris Sprowls, did hear a presentation about “Condominium Terminations” and the termination provisions in Section 718.117, Florida Statutes.  We expect that there will be legislation… Continue Reading

HOA Board Members Should be Wary about Contracting with Their Association

Posted in Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors, Landscaping, Service Contracts

Question: I own the company that provides landscaping services to the community where I live. The association recently sent out a notice soliciting self-nominations for the board of directors. I submitted my nomination, but the board has indicated that I am not eligible to run given the current contract between the association and my landscape… Continue Reading

Defending (My) Our Castle: A Look at Gun Regulation by Community Associations

Posted in Safety and security

By Joseph E. Adams and Jay Roberts Please click here for the entire article as a PDF On September 6, 2012, David Merritt, president of the Spring Creek Homeowners Association, called a homeowners association meeting to order. Approximately 30 minutes later, Merritt, and former president of Spring Creek Marvin Fisher, would be fatally shot by… Continue Reading

Florida HOA Board Required to Act in Response to Member Petition

Posted in Meetings, Reader Q&A, Voting

Question: I am the president of my homeowners’ association and recently the board voted to proceed with a construction project within the community. Shortly after the vote, the association received a petition signed by a number of owners asking the board to reconsider the issue. Since the board has already discussed and voted on this… Continue Reading

The Top 5 Reasons Your Community Association Should Consider Online Voting For Important Membership Votes

Posted in Elections, Operations, Voting

Voter apathy is nothing new in most community associations but to really understand the reason why your community regularly fails to achieve a quorum, elect a new board or to successfully tackle longstanding projects which require membership approval, it is important to look a little at human nature. It is no secret that most of… Continue Reading

Owners Must Follow Procedure to Petition the HOA Board for Agenda Items

Posted in Association Documents, Governing Documents, Rules & Regulations, Voting

Question: I live in a homeowners association and have e-mailed our board president a number of times concerning items that I feel should be discussed by our board. While the president has politely acknowledged my e-mails, none of my suggested topics have been brought up. Does the board at least have to consider my issues?… Continue Reading