Tick Tock: Your Associations’ Right to Sue Has an Expiration Date
As a board member, there may come a time when the Association has to decide whether to sue a contractor, a vendor, or even an owner. Before weighing the strengths of the claim, …
HB 797 Revises and Renames Chapter 617 of the Florida Statutes with a Focus on Transparency
Florida House Bill 797 (2026) introduces several governance reforms designed to increase accountability within nonprofit corporations, including community associations. Among the most noteworthy changes are the creation of new officer standards of conduct, …
The HOA Architectural Control Statute Has Again Been Amended
The 2026 legislative session did not result in an abundance of legislation amending the statutes governing condominium, cooperative, and homeowners’ associations. One exception is an amendment to Section 720.3035, Florida Statutes, involving architectural …
Condominium Association Preemptive Rights Explained: What is a Right of First Refusal and Is It the Same as a Right of Approval?
Florida condominiums are often created with provisions granting a right of first refusal (ROFR) and/or a right to approve a future purchaser or occupant within the declaration of condominium. Section 718.104(5), Florida Statutes, …
New Conflict-of-Interest Rules Under HB 797 Raise the Stakes for Association Directors
Florida House Bill 797 (2026) significantly revises Section 617.0832 of the Florida Statutes, creating a modernized framework for addressing director conflict-of-interest transactions. For condominium and homeowners’ associations, these changes are particularly important because …
Can a Condominium Association Prohibit Medical Marijuana Smoking in the Same Way It Can Prohibit Cigarette Smoking?
A condominium association may prohibit cigarette smoking in the common elements/common areas by adopting a Rule. An association may also prevent cigarette smoking on a balcony or patio, which are usually limited common …
Understanding the Role, Duty, and Powers of Florida’s Condominium Ombudsman
The Office of the Condominium Ombudsman is an office of the Division of Florida Condominiums, Timeshares, and Mobile Homes (“Division”) of the Department of Business and Professional Regulation (“DBPR”). The Ombudsman is a …
How Would a Court Determine if Something Is a Nuisance?
Among the multitude of challenges that community association boards and managers face daily, nuisance complaints often present particularly thorny issues. Not every unpleasant situation rises to the level requiring the Association’s intervention and …
Subrogation Explained for Board Members
Subrogation is a legal concept that frequently arises in community association operations, particularly in the context of property damage claims. While the term may sound technical, the underlying principle is straightforward and important …
Benefits and Drawbacks of Electronic Voting
Electronic voting for condominiums, cooperatives and homeowners’ associations was introduced in Florida in 2015. However, now, more than ten years later, some associations still question whether electronic voting is a viable option for …
When Does the Condominium Act Require an Affidavit?
In many sections of Chapter 718, Florida Statutes, also known as the Florida Condominium Act, the statute requires an “affidavit.” An affidavit is a written declaration or statement of facts, made voluntarily and …
Mind the Invisible Lines: Easements Every Board Encounters
They may be invisible, but easements run throughout your community. What are they, and why do you need to understand them? At some point, nearly every board will encounter an issue that requires …