Question: Our condominium association has experienced a rapid increase in the purchase of units by investors. Our board is worried because we will soon reach a state where approximately seventy percent of our units are owned by absentee owners/investors. Does Florida law give the board any leeway in restricting sales to only people who wish… Continue Reading
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
Question: At the recent annual meeting of our homeowners’ association, a member got up during the discussion part of the meeting and made a motion. He moved that the association form a finance committee to look over the association’s financial matters. Before the motion received a second, the president said the board does not want… Continue Reading
Question: I recently had the opportunity to review an article you wrote in 2010 regarding the new law that permits homeowners’ associations to elect directors through secret ballots and the “two envelope system” that condominiums use. My question is, if the bylaws are silent on use of the “two envelope/secret ballot” election process, is it… Continue Reading
Question: I saw your article and blog entitled “Director Compensation Allowed” which ran in The News-Press on September 30, 2012. I am an insurance agent and work with many condominium and homeowners’ associations. While I understand that director compensation may be legal under the appropriate circumstances, it is important to understand that most, if not… Continue Reading
Question: The vice president of our board owns a construction company, which contracts with the HOA. Also, our board holds a monthly meeting where homeowners can attend and ask questions. However, after everyone leaves, the board conducts its actual business meeting. Doesn’t this violate the Sunshine Law? How do I file a complaint? W.D. (via… Continue Reading
Board Certified Construction Lawyer Ryan Carpenter points out that “one size does not fit all” when referring to the additional insured requirements in construction contracts. The contractual requirement along does not mean you are covered. Ask yourself these questions: Do you know the difference between a certificate of coverage and an endorsement? Do you know what language… Continue Reading
FHA issued a new Mortgagee Letter last week. It requires foreclosing lenders to recognize and communicate with a community association, especially if the association already liened the property. Condominium and Homeowners’ Association leaders often complain about lack of payment on the part of mortgagees that take title as a result of the foreclosure. Many of them are not willing to wait… Continue Reading
Tropical storm Debby made a major impact on property in Florida. Condominium and Homeowner Association Boards need to activate disaster plans and not rush to enter into restoration contracts. We have plenty of educational materials to assist those dealing with crisis management.
Homeowners’ associations must allow owners to install solar collectors, but neighbors are not required to trim trees or prevent interference with the collectors. Several states have adopted solar rights laws.
The Florida Bar will decide whether certain actions by Community Association Managers (CAMs) are considered the Unlicensed Practice of Law.
HOAs are being sued in federal court for charging more fees, costs and assessments than permitted by law.
Neighborhood lakes or retention ponds erode over years due to various reasons. Homeowners associations may have to spend hundreds of thousands of dollars for erosion prevention and control. A non-native species of catfish contributes to the problem.
The Trayvon Martin tragedy shouldn’t cause associations to abandon their neighborhood watch or community watch programs, but community leaders to need to examine what procedures, guidelines and expectations they have in place to protect the association from liability and the volunteers from injury
The Trayvon Martin tragedy should cause community leaders and board members to review any crime watch policies or neighborhood programs.
Is a condominium or homeowners association entitled to protect its name and logo from use by others?
Are community associations liable for criminal attacks against residents?
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
Information disseminated about HB 319 is in some instances false and in others, completely misleading. This post explains the history of the Safe Harbor and the legal issues involved.
SB 1196 is anti-consumer legislation that leaves home buyers out in the cold, while developers are off the hook for shoddy or defective common area improvements.
Condos and HOAs should not pay sales tax on electric bills – see if you qualify for the exemption and apply for a refund.
Investing the Association’s Funds? If so you should be familiar with the Prudent Investor Rule. Does your association have a written policy with regard to investment of association funds? If so, does the board of directors monitor the investment to ensure compliance with the policy, and, is the policy reviewed and updated from time to time?… Continue Reading
CALL recently notified its members of changes to HB 319 which is the community association bill filed by Rep. Moraitis. The changes were considered and approved by the House Civil Justice Subcommittee on December 7th. The five (5) amendments: Clarify that condo election procedures do not apply to timeshare condominium associations. Clarify that mortgagees only have to pay 12 months of… Continue Reading
Consider updating architectural control criteria or landscape guidelines to include the principles of Florida-Friendly landscape.