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

Tag Archives: homeowners association law

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

Failing to Handle Requests for Reasonable Accommodations (Emotional Support Animals) Appropriately has Consequences

Posted in Disability, Discrimination/Fair Housing, Reasonable Accommodations or Modifications, Service Animals/Emotional Support Animals

The case against a condo association in Century Village reported by the Sun-Sentinel prompted me to alert readers of the consequences associated with violations of state and federal fair housing laws. If you aren’t familiar with the case click HERE for the most recent article.  In short, Broward County filed a lawsuit against the condominium association for discrimination and… Continue Reading

A Few Notes About the Florida Supreme Court Ruling in Cohn v. The Grand CAI

Posted in Arbitration & Court Rulings

The Cohn decision follows long-standing precedent in Florida regarding the applicability of statutory amendments to condominium or community association operations.  If the governing documents of the association contain ”magic language”  incorporating statutes (in this case, the Condominium Act) as amended from time to time, statutory changes impact operations, rights and obligations of owners, the association governing the owners and, in some cases, third… Continue Reading

Lemonade Stands & Other Evils in HOAs

Posted in Covenant Enforcement/Violations, Operations

Florida HOAs are in the national spotlight again.  This time the attention doesn’t center around the housing market meltdown, the foreclosure crisis or budget shortfalls though. It concerns what commenters have called overzealous enforcement of use restrictions.  A community in Palm Beach County shut down a lemonade stand operated by neighborhood children.  Here is the video spot that aired on… Continue Reading

MRTA: Recorded Amendments Didn’t Make a Difference

Posted in Arbitration & Court Rulings

Appellate Court Allows Homeowners to Build and Maintain Structure on Lot Despite Recorded Restrictions.  We’ve discussed the Marketable Record Title Act (MRTA) on this site in the past in the post entitled: HOA Leaders Need to Understand MRTA.  Please refer back to that post for background information concerning this important issue. There are several appellate decisions involving MRTA issues,… Continue Reading

Condos & HOAs: It Pays NOT to Discriminate – Case Examples

Posted in Discrimination/Fair Housing

The Federal Fair Housing Act prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of… Continue Reading

Board Meetings, Collecting Management Fees & Suspending Cable Service

Posted in Legislation

The Community Association Leadership Lobby (CALL) Announced Last Week it is Working on a ‘Glich’ Bill to Clarify Several Community Association Rights and Remedies. The purpose of the CALL bill is to make proposed changes to Chapters 718, 719 and 720, Florida Statutes to address certain “glitches” resulting from SB 1196.  Co-Executive Directors Yeline Goin… Continue Reading

Director Conflicts of Interest: Condo Directors Must Disclose Financial Gain

Posted in Operations

The post outlining new §720.303(12), Florida Statutes created a lot of buzz.  While there several comments posted on the site, the majority of questions, complaints and comments were sent to me directly and therefore not published. I agree, the new law seems harsh.  What if your HOA’s president owned a landscaping company and wanted to give the association… Continue Reading

SB 1196 Changes Law on HOA Director Compensation and Conflicts

Posted in Operations

As a result of SB 1196, the law now prohibits HOA directors, officers, or committee members from receiving any salary or compensation from the association for the performance of his or her duties as a director, officer, or committee member.   This is basically the same rule that applies to condominium association directors. However, Section 720.303(12), Florida… Continue Reading

Homeowners’ Associations: New Ruling Supports Compensation for Construction Defects

Posted in Construction Issues & Contractual Disputes, Developer Obligations

Court Holds that Homeowners’ Associations Can Recover Damages for Breach of Common Law Implied Warranties from the Builder or Developer. Florida’s Fifth District Court of Appeal recently issued a significant ruling finding home buyers and homeowners’ associations are entitled to a common law implied warranty of fitness and merchantability with respect to the roadways, drainage systems,… Continue Reading

Changes to Year-End Financial Reporting Requirements for Condos & HOAs

Posted in Assessment Collection

SB 1196 made significant changes to the statutes regarding year-end financial reporting requirements for condominium and homeowners’ associations. Condominium Associations Condominium associations must provide their members with a year-end financial report (or notice that a report is available, free of charge) within 120 days of the end of the fiscal year. The level of required financial report depends… Continue Reading