The reading of a community association’s election results can be filled with mixed emotions ranging from anticipation, to worry, to excitement, but those members elected to the board of directors generally are eager and optimistic to make positive changes within their community. Unfortunately, dealing with a multi-member board of directors can have significant challenges, and […]
Tag Archives: Condo Associations
Heatwaves and Housing: How Multifamily Buildings Can Prepare and Protect Residents
Heat events are no longer isolated occurrences; they’re becoming a norm. For multi-residential building association boards and management teams, this poses unique challenges and liabilities. Understanding Your Responsibility First and foremost, association boards and management teams have a duty to ensure the safety and welfare of their residents. This isn’t merely an ethical stance; it’s […]
Landlord and Tenant Disputes and Issues
When you rent property in Florida, you have certain rights, as does your landlord. It’s essential to understand the landlord/tenant relationship, how it works, and what to do if you experience any disputes or other issues. Many renters feel powerless against their landlord, and anything the property owner does and says is allowed. It is […]
What is Developer Turnover to Owner?
When a developer builds a brand-new condo community, there comes a day when the developer must turn over ownership to the homeowner’s association. That process is called developer turnover. What is Developer Turnover? Florida law Section 720.307(1) defines developer turnover as “the transfer of association control from developers to non-developer owners.” When this […]
Six Reasons Why Homeowners Associations Need to Hire Lawyers
Covenant communities with shared amenities and common spaces are great places to live if you want maintenance-free living. Unit owners and members of the board make decisions for the group. However, as with most things in life, sometimes difficult situations occur, and a homeowners’ association needs to have legal counsel. How an HOA Attorney […]
Common HOA Violations That Can Cost You
Moving to a development governed by a homeowners’ association (HOA) invokes thoughts of pristine, manicured yards and well-maintained homes, but those benefits require all homeowners to follow the community’s rules. The failure to comply with an HOA’s covenants, restriction, and rules can lead to penalties, fines, liens, and even costly lawsuits. What is an […]
2022 Condominium Legislation Update: Senate Bill 4D
2022 Condominium Legislation Update: Senate Bill 4D regarding milestone inspections and mandatory structural reserve reports. Click here to view.
Florida HOA Foreclosure 101
When you buy a condominium, townhouse, or single-family home within a community with covenants, you will most often pay monthly fees to cover maintenance and external repairs. It’s essential to know all about HOA (homeowners association) or condominium homeowners association (COA) laws in the state of Florida because if you do not pay your fees, […]
Can a Condominium Association Evict a Tenant?
Generally speaking, if an association’s recorded governing documents do not contain the authority to evict a tenant within the condominium, then the association probably does not have the power to do so, unless there is a separate written agreement delegating that authority from the unit owner/landlord. Under Fla. Stat. § 718.303(1), owners, tenants, and […]
Key Items in a Condo Construction Repair Bidding Process
Condo associations must be very careful when asking for bids on a repair project. All unit owners rely on the board for safe and efficient repairs while spending as little as possible to ensure the work is done correctly. Key Items for RFPs When drafting a request for proposal (RFP), condo associations must consider the […]
Preparing Documents an Association is Required to Provide to Prospective Purchasers
In today’s market, homebuyers need to act swiftly and are often under time constraints dictated by the purchase contract. Thus, it is important for condominium associations to be prepared for when a prospective purchaser makes a request for documents that the association is required to provide (and know what an association is not required to […]
Tips For Associations Planning Large Repair And Construction Projects
Maintaining the association’s common elements is one of the primary responsibilities – – and headaches – – for associations and their Board of Directors. The duty is so important, in fact, it comes up multiple times in the Condominium Act (Florida Statute Section 718.111(4) to maintain, repair, lease, and replace the common elements; Section 718.111(3) […]
Association Responses to Requests for Information Regarding Condominium Structural Integrity
In the wake of the devastating collapse of the Champlain Towers South Condominium in Surfside, Florida, many current owners and potential purchasers of condominium units are, understandably, requesting information from associations regarding the structural soundness of the condominium property. Although associations generally do not, and are not required to, release their official records to potential […]
Issues with the 558 Process
Following the tragic collapse of Champlain Towers South, there has been much talk about Florida Statutes Chapter 558, which deals with the process condo/unit owners must follow to file claims for development defects. What is Chapter 558? To provide an alternative method to resolve construction disputes and protect the rights of condo association owners, […]
Will Aventura’s New Law Help Condominium Owners or Simply Expose them to Liability?
The City of Aventura’s recently passed an Ordinance, which represents an effort to regulate structural oversight for community associations in the aftermath of the Champlain Towers tragedy in Surfside. The Ordinance requires community associations, including condominium associations and homeowners’ associations, to share all engineering, architectural, and life-safety reports that are conducted on a building with […]
Legislative Update for Condominium Associations and HOAs
This past summer, the Florida Senate implemented several Senate Bills that were signed by Governor Ron DeSantis, which added new requirements for condominium, homeowners, and cooperative associations. While the below article is not comprehensive of all new legislation impacting housing associations, the following discusses Senate Bill 56 (new rules regarding foreclosures, liens, collection of assessments, […]
Legal Actions Associations Can Take if an Owner Does Not Pay Assessments
Community Associations, including condominium and homeowners’ associations, have specific responsibilities to their owners to ensure that budgets are met and maintenance and operation services are performed. For an association to be able to achieve these goals, owners must pay their assessments in full, and on time. When owners fail to fully or timely pay, the […]
Immunity for Condos from Covid-19 Liability
COVID-19 has changed our way of life in so many ways. Accordingly, new laws have been enacted to address the concerns and protect those affected by the pandemic and legal issues that stem from the fallout. New Florida Law S.B. 72 A new bill, S.B. 72, was recently signed into law by the governor […]
What Can A Condo Association Do If A Resident Has COVID-19?
It has been nearly a year since the country went into lockdown due to the pandemic, and condominium associations continue to grapple with how to maintain the health and safety of their residents and employees as the threat of COVID-19 continues to affect our daily lives. Due to the number of residents that may inhabit […]
Conducting Condominium Elections During COVID-19
It’s that time of year again—Election season! As many condominium associations begin preparing to hold their annual membership meeting, many are wondering how to do so safely given the ongoing COVID-19 pandemic. Fortunately, over the past few years we have learned there are several different technologies that will allow association members to participate in […]
What Condo Associations Should Do to Prepare for a Holiday Season Amidst a Pandemic
With Covid-19 cases on the rise and the holidays approaching, the re-opening of common element facilities should be viewed with care. Associations should revisit the numerous safety considerations that informed the re-opening process. The following is a list of some of these critical issues: Associations should confirm whether they are still able to adhere […]
Planning Ahead for 2021: A Brief Guide to Annual Budgets
As we approach the final months of the year, community associations and their Board of Directors must start planning for 2021. There is no question that the global pandemic caused by COVID-19 this year has unexpectedly and significantly impacted every facet of our lives. Condominium Associations have particularly felt the financial repercussions of the pandemic […]
The Florida Mortgage and Eviction Moratorium: Clarification for Community Associations
On April 2, 2020, Governor Ron Desantis issued Executive Order 20-94 which temporarily suspended all mortgage foreclosure and residential eviction “cause[s] of action” for 45 days. The Order was subsequently extended four times, most recently pursuant to Executive Order 20-180 (“EO 20-180”), which was issued on July 29, 2020 and extended the moratorium until […]
Legislative Update on Emotional Support Animals
On June 23, 2020, Governor DeSantis approved Senate Bill 1084, which made certain changes to Florida’s existing housing laws as they pertain to emotional support animals (“ESA”). The new legislation, which went into effect on July 1, 2020, aims to penalize: (i) individuals who falsify and/or provide fraudulent information in order to obtain documentation supporting […]
Don’t Love Thy Neighbor’s Construction Project Damaging Your Building? An Overview of Potential Claims and Remedies.
A new, neighboring building is being constructed, or an existing adjacent building is undergoing renovations, which poses the risk of causing, or actually causes, damage to your condominium association during the process. Here is an overview of potential damages, remedies, and solutions regarding neighboring construction issues. Damages caused by neighboring construction projects may include: […]
Board Member Eligibility for Entity-Owned Condominium Units
It is common for entities, such as a corporation, LLC, or partnership, to hold title to a condominium unit. However, this form of ownership can result in entity-owned units being prohibited from submitting a candidate for the condominium’s board of directors when the condominium’s governing documents limit board member eligibility to unit owners. The […]
Smoking in Condo Associations: Cigarettes & Medical Marijuana
Over the past forty years, the United States has experienced a sweeping movement to ban smoking from just about everywhere. Many condominium owners’ associations (COA) have adopted smoking bans that prohibit owners from smoking in common areas and even inside their own living space. Medical marijuana complicates this issue even further. Smoking in Common […]
Pre-Turnover Contracts – Condominium Association Members Right to Cancel
Can a condominium association decide to terminate a contract entered into by the developer prior to turnover? If so, what contracts are subject to termination? What are the specific procedural and voting requirements in order to terminate the agreement? What are my options? To answer these questions, it requires the review and analysis of an […]
10 Things Unit Owners Should Know About the Recall Process for Condominium Associations
Sometimes, the people who serve on an Association’s Board of Directors are not necessarily the best suited for the job. Whether it is a Board member’s failure to act in the Association’s best interest or their self-serving or, otherwise, improper conduct, unit owners are able to remove or “recall” a Board member they feel should […]
Condominium Association Material Alterations
Can the Board of Directors decide to change the color of your condominium building or the interior hallways from carpet to white marble tiles? What limits are placed on the Board of Directors’ authority to change the design or elements of a condominium building? These questions all involve the ins and outs of material alterations […]
Miami Transfer Fee Controversies: A Wake Up Call for Associations
Condominium associations across South Florida have come under scrutiny for imposing mandatory, non-refundable “transfer fees” on residents in connection with the lease or sale of units. Indeed, several years ago this firm was quoted in an article in the Miami Herald addressing the issue, and this year, a class action lawsuit resulted in an association […]
Making the Switch to E-Voting: A Primer for Condominium Associations
In 2015, the Florida Legislature adopted Section 718.128 into the Florida Statutes, thereby giving condominium associations the right to conduct elections and other unit owner votes via online voting systems. While many associations in Florida have implemented online voting systems for their elections and other unit owner votes, some associations are still contemplating making the […]
Short-Term Rentals in Miami Beach, Now What?
Last week, a Miami-Dade County Court struck down Miami Beach’s ban on short-term rentals, which prohibits rental periods of less than six (6) months and one day in single-family and multifamily residential buildings located in certain areas. Specifically, 11th Circuit Court Judge Hanzman ruled that the City’s ordinances regarding short-term rentals are in direct conflict […]
Should Your Condo Association Adopt Online Voting?
Election season is nearly upon us, and many associations are considering whether to adopt online voting (or “E-Voting”). On July 1, 2015, legislation took effect enacting Section 718.128, Florida Statutes, permitting condominiums, cooperatives and homeowners’ associations to conduct elections and other owner votes through the use of “an Internet-based online voting system.” This article will discuss how […]
Accommodation Requests For Assistance Animals in Condo Associations
While it is very common for condominium associations to include pet restrictions in their governing documents, associations are increasingly receiving reasonable accommodation requests from residents seeking to have either an emotional support or service animal live with them. Associations are considered housing providers under the Federal Fair Housing Act and the Florida Fair Housing Act and must comply with […]