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 […]
Tag Archives: Condo Law
The Most Common Residential Construction Disputes
Residential construction is booming right now. However, not all jobs come without some issues. Some construction disputes are legitimate, but not all of them are. It’s essential to have a construction lawyer representing you if you experience a situation with an unhappy customer. Some of the most common residential construction disputes are: Poor Work […]
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 […]
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 […]
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 […]