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All Posts By Joseph Arena

Condominium Termination: Don’t Let the End Catch You by Surprise

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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 …

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The DBPR Now Has Broader Authority to Investigate and Enforce Compliance

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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 …

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2024 Hurricane Law Update

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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 …

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Ask About Incidental Damages Before Starting Your Condo’s Maintenance Project

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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 …

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Things Associations Should Know About Tax Deed Sales

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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 …

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Fiduciary Relationship and the Business Judgment Rule

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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 …

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Navigating the Complex World of HOA Architectural Control

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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 …

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Keeping Your HOA’s Covenants Alive

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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 …

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The Role of Impartial Committees in Condominium Elections

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The focus of this article is on impartial committees for the annual election. This committee tallies the votes that were cast and determines the outcome of the election. If selected in advance of the annual meeting by the Board, the …

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Statutory Meeting Requirements

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Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency. One way that association activities are made transparent is through statutory provisions requiring most kinds of meetings to be open and noticed to the membership. …

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