The Marketable Record Title Act (“MRTA”) is set forth in Chapter 712, Florida Statutes, and provides that interests in real property are extinguished after thirty (30) years, with limited exceptions, unless preserved through …
Don’t Let Your Covenants and Restrictions Expire, Be Sure to Preserve
The Marketable Record Title Act (“MRTA”) is set forth in Chapter 712, Florida Statutes, and provides that interests in real property are extinguished after thirty (30) years, with limited exceptions, unless preserved through compliance with Chapter 712. MRTA generally does …
Does a Condominium Have a 115% Cap on Increasing Assessments?
The increase in costs, especially insurance premiums, have been difficult for condominium associations in the past couple of years. I have been asked on many occasions if there is a cap on increasing the budget by more than 115% from …
Does a Condominium Have to Put Insurance in the Annual Budget?
I have been asked on a few occasions whether an association has to put insurance in the annual budget or whether it can just wait to determine the amount of the insurance, and specially assess for the same (without a …
Part 2: Can an Association Prohibit Smoking in Its Condominium?
As mentioned in Part 1, published in last month’s community update, an association can prohibit smoking in the common elements/common areas by adopting a Rule. An association may also want to prevent smoking on balconies and patios. If the balconies …
Part 1: Can an Association Prohibit Smoking in Its Condominium?
Secondhand smoke is formed from a burning cigarette or the smoke exhaled by the cigarette smoker. Secondhand smoke contains over 7,000 chemicals, hundreds of which are toxic and nearly 70 can cause cancer. From 1964 to 2014, the Surgeon General …
Can I Get a Restraining Order?
Over the past few years there seem to be more communities with persons who are threatening, being aggressive, or even stalking board members and/or the association’s manager. In those cases where the person acting in a threatening manner is not …
More on the Installation of Security Cameras
The installation of a security camera on condominium common elements is considered a material alteration or substantial addition to the common elements. In Sterling Village Condo., Inc. v. Breitenbach, 251 S.2d 685, 687 (Fla. 4th 1971), the court defined “material …
Are Reserves Still Mandatory for Homeowners’ Associations?
There were several revisions to Chapter 720, which went into effect July 1, 2021. One of these revisions was to Section 720.303(6)(c) and (d), Florida Statutes. The revisions to this Section now provide, in part:
- An association …
Issues to Consider Prior to Installing Security Cameras on the Common Areas – Part I
Many associations now install security cameras on the common areas to guarantee video evidence of any intentional vandalism or negligent actions which result in damage to the common areas, such as a vehicle running into the gate of a gated …