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Category – Insight
Community associations can be a great place for community involvement. It is always nice to see members get involved and help with operating the association. However, should the association be concerned about the actions of these volunteers?
An association may be held liable for the acts of its volunteers, depending on the …
Enforcing HOA restrictions can be a formidable task, implicating myriad overlapping declaration provisions, association rules, and Florida law. And going to court to get injunctive relief – a court order requiring an owner to comply – can seem even more daunting. The elements that are required to establish a basis for injunctive relief are: …
Q: Our homeowners’ association board president has not been responsive. He is also over two months overdue on assessments. Can he be replaced and what are the steps for that process? (V.R., via e-mail)
A: There is a difference between directors and officers. Directors (the “board”) are elected by the …
Navigating an insurance claim after a significant loss can be frustrating, costly, and time consuming. Associations have an obligation to cooperate with their insurance company fully and completely during the claims process even in the most daunting of circumstances. Failure to adhere to that duty may result in the denial of an insurance claim …
Q: There have been so many orders and news conferences from the governor regarding the COVID-19 pandemic. Can you give us a quick overview of what orders that apply to community associations are still in effect? (R.D., via e-mail)
A: On March 9, 2020, Governor Ron DeSantis issued Executive Order …
Q: Does a condominium unit owner have the right to prohibit anyone from parking in his assigned parking space while he or she is residing in their northern home? (J.M., via e-mail)
A: It depends. If the parking space is designated by the declaration of condominium as a “limited common …
Q: I own the top unit in a two-story building. Heavy rains caused roof damage which caused significant ceiling damage in my unit. The property manager quickly sent a roofer to fix the exterior problem. They will provide service to replace my ceiling sheet rock but will not pay for ceiling paint. Why …
Q: We heard a rumor that our “55+ Park” is no longer required to register with the state. Is this true? (D.R., via e-mail)
A: Yes. Effective July 1, 2020, Section 760.29(4) of Florida Statutes was amended to delete the requirement that “housing for older persons communities,” often called “55 …
On July 10, 2020, Governor Ron DeSantis announced over $8 million of the state’s budget this year will be dedicated to strengthening Florida’s electric vehicle infrastructure. The intent of what Gov. DeSantis described as a “long-term investment” is to “promote reduced emissions and better air quality” and to “improve mobility and safety for the ever-increasing number …
Q: Our condominium association board held online/telephone monthly meetings during the pandemic enabling owners to listen and ask questions. Normally, our board holds meetings where owners may attend in person. When the Florida Governor implemented Phase 2, the board went back to in person attendance meetings with social distancing. Is the condominium association …
With the budget season approaching, many condominium associations may wonder how to prepare a budget when it’s anticipated that members will vote to waive or partially fund reserves. The board must create a proposed annual budget that includes estimated revenues and expenses. In addition to annual operating expenses, Section 718.112(2)(f)(2)a, Florida Statutes, requires the …
A little-known law, which can present big problems for planned residential and commercial subdivisions, has undergone a number of recent changes intended to make it more manageable and less impactful on the associations which oversee or manage planned residential and commercial subdivisions.
While the law, commonly known as MRTA and formally known …