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 & HOA leaders: If you’re struggling to collect assessments in your community, this seminar is for you. Register to attend one of the three South Florida events.
A vote may take place on SB 1196 this week. CALL urged its members to notify senate members about opposition to the bill.
CAMs and Condo/HOA board members devote a substantial amount of time and energy to collecting assessments. This free course provides strategies and techniques for maximizing collections in today’s economy.
Condo & HOA directors must follow statutory, regulatory and documentary provisions when adopting the association’s annual budget.
Condominium and community association owners are apparently taking advantage of the old adage"the best defense is a good offense". There seems to be a new trend – not a good one – where owners file lawsuits as a result of the amount claimed by the association as due on an estoppel certificate. Condo and HOA laws require… Continue Reading
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
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
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
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
The Firm recently published its last community association newsletter for the year. For the past few years Volume XII of Community Update is a Year In Review. We take this opportunity to re-visit the articles that appeared in our publication during the past year and hope you find it useful as a reference to the… Continue Reading
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
A Ruling in Favor of the Matanzas Shores Owners Association Will Help Your Community Push Mortgage Foreclosure Cases to Sale. Do Not Allow the Lender to Stall the Sale in Order to Avoid Paying Assessments and Maintaining the Property. LR5A-JV v. Little House LLC, Fifth District Court of Appeal, Case No. 5D09-3857 The lender named… Continue Reading
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
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
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
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
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