Most condominium and homeowners’ associations have the right to adopt and to amend rules and regulations. The community declaration, articles of incorporations, and/or by-laws will often describe an association’s authority and procedures for …
Yes, Estoppel Letters are Addressed by Statute
With so many other subjects related to condominium and homeowners’ associations consuming so much bandwidth these days, it was not surprising to learn that a community association client of mine was not aware that the Florida Statutes address in detail …
Condominium Termination: Don’t Let the End Catch You by Surprise
We all know how condominiums begin—with renderings, design and finishing selections, friendly sales agents, and, of course, so many documents. However, once a condominium becomes an aging project, particularly one rife with escalating maintenance needs and expenses, it is worth …
The DBPR Now Has Broader Authority to Investigate and Enforce Compliance
It wasn’t so long ago that Florida’s Department of Business and Professional Regulation (the “DBPR”) had little jurisdiction over the operation of condominium associations after their developer turnover meetings, and, what little jurisdiction the DBPR had over associations after turn …
2024 Hurricane Law Update
What’s New for 2024?
It’s likely that most property owners reading this have been through more than one hurricane season in Florida. Therefore, much of the information in Becker’s Hurricane Preparedness and Recovery Guide is probably not altogether …
Ask About Incidental Damages Before Starting Your Condo’s Maintenance Project
Incidental damages are damages that are caused by associations to portions of buildings that unit owners are required to maintain. The most common example occurs when an association has its contractor go into a unit and remove portions of the …
Things Associations Should Know About Tax Deed Sales
Every so often associations will unexpectedly receive notice that a tax deed has been applied for in connection with a parcel or condominium unit in the community. Those notices will describe tax certificates, provide a redemption amount, and state the …
Fiduciary Relationship and the Business Judgment Rule
Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association …
Navigating the Complex World of HOA Architectural Control
What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members?
In the case, Young v. Tortoise Island Homeowners Association, Inc., the court …
Keeping Your HOA’s Covenants Alive
The Marketable Record Title Act’s (MRTA) purpose is to extinguish old interests and use restrictions on lands and to allow for land sales to be completed more easily and with less expense. Unfortunately, aged homeowners’ association covenants are amongst the …