Community Update

My Safe Florida Condominium Grant Program

By: Bryony G. Swift

The 2025 My Safe Florida Condominium Grant Program, House Bill 393, was signed by the Governor on June 23, 2025, and became effective upon his signature. The new law changes the eligibility requirements for the My Safe Florida Condominium Grant Program, a program to fund hurricane hardening projects in condominiums.

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Am I Protected? Contractual Quandaries for All Associations

By: Brandon R. McDowell

It is summer and contracts are in the air. Some associations may be considering a new management company while others may be considering embarking on a construction/restoration project. Others may be considering alternative landscapers while a select few may be getting a head start on hurricane preparedness contracts. Regardless of the type of contract, it is strongly recommended that every contract (large or small) be reviewed by the association’s counsel prior to the association executing same. Why is that important? Simply put, many of the contracts presented to associations are one-sided giving all the benefits and the protections to the vendor, leaving the association potentially exposed. The below is meant to be an introduction only and does not encompass all the potential contractual conundrums that an association may encounter.

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4 Amendments Your HOA Might Want to Consider

By: Joseph Arena

In this video, Senior Attorney Joseph Arena highlights four key amendments Florida HOAs may want to consider in 2025. These include contributions, fines, elections, and architectural control powers. This video emphasizes the importance of consulting legal counsel to ensure these amendments are properly drafted and legally sound.

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Ashburn v. Norman Square Homeowners Association, Inc.
393 So.3d 1281 (Fla. 2d DCA 2024)

By: Allison L. Hertz

What type of notice an association must provide before towing a vehicle highlights the importance of THIS CASE. A resident sued an Association over its towing of her vehicle, asserting she was parked in an area she had permission to park in and that s. 715.07 (the “Towing Statute”) only allows towing of vehicles that are parked on a property “without permission”. The resident argued that her vehicle was only partially parked on the grass, and she had a parking permit displayed, so she was parked in an area where there was permission to park. The Association argued it towed her vehicle because the right rear tire was parked on the grass and its rules provided “vehicles parked on or across any grassed surface are subject to towing at the owner’s expense”.

In response, the resident argued that the Association did not provide her with “personal notice” as required by the Towing Statute. The trial court ruled for the Association, but the owner filed for rehearing before the court issued its order and argued for the first time the Association did not follow its own parking rules by towing before giving her notice of the violation. Her argument was that she could park, even in violation of the parking rules, until the Association gave her notice and she failed to correct it. The trial court rejected both of the resident’s arguments, holding the Towing Statute did not require personal notice if the proper signage was posted and the Association’s failure to notify her of the violation was not implied permission to park on the grass. The resident appealed.

The appellate court began its opinion by examining the language in the Towing Statute. It rejected the resident’s argument the Towing Statute required personal notice and ruled that the Towing Statute allows for notice that unauthorized vehicles will be towed by the posting of signage complying with the statute and that personal notice was not required. Next, the appellate court addressed the resident’s argument that the Association did not follow its parking rules by giving her individual notice prior to towing her vehicle. The appellate court said this argument was “well taken”. The parking rules provided for a specific process to be followed before towing a vehicle and the Association had failed to follow that process. However, the resident did not plead this claim in her lawsuit so the appellate court could not resolve the question of whether a violation of the parking rules could support a claim for improper towing.

The resident then tried to argue she had permission to park on the grass until the Association’s gave her notice, and she failed to take action. This argument was rejected as the Association’s rules did not allow a resident to park on the grass until told otherwise. The court ruled that a failure to provide notice does not constitute permission under the Towing Statute and failure to provide notice does not grant permission to park on the grass until notice is given.

So why does THIS CASE matter? Many people think that an association has to simply post a sign to tow a vehicle. However, an association must also follow any notice requirements that are in its parking restrictions. If the association does not provide the notice required by its parking restrictions, then it can be liable to the resident for a wrongful towing, including potential damages and attorneys’ fees to the resident. If you want to ensure your association does not end up owing a resident money for a wrongful towing of their vehicle, it is essential you contact your association’s counsel to have them review your governing documents and advise what is the proper procedure to be followed when towing a vehicle.