Florida Condo & HOA Law Blog

AUGUST 30, 2023

Pursuant to Section 720.303(2)(e), Florida Statutes, homeowners’ association boards are required to consider the desirability of preserving the community covenants each year at the first board meeting following the organizational meeting. The post Keeping Your HOA’s Covenants Alive first appeared on Florida Condo & HOA Law Blog.

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Florida Condo & HOA Law Blog

AUGUST 30, 2023

As Hurricane Idalia heads for Florida’s Gulf Coast, some property owners, developers, construction industry professionals, and other building permit- and authorization-holders may be eligible for extensions to preserve their development and construction rights.

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Florida Condo & HOA Law Blog

OCTOBER 27, 2023

As a starting place, Florida law has long provided that fraud, criminal activity, self-dealing, and unjust enrichment are examples of breaches of the fiduciary relationship. The post Fiduciary Relationship and the Business Judgment Rule first appeared on Florida Condo & HOA Law Blog.

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Florida Condo & HOA Law Blog

OCTOBER 8, 2023

Included in the changes are new provisions in Sections 720.305(2)(b) and (d) of the Florida Homeowners’ Association Act, which contain new procedures which must be followed to fine and/or suspend common area use rights. The post New HOA Fining Law Take Effect October 1 first appeared on Florida Condo & HOA Law Blog.

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Florida Condo & HOA Law Blog

NOVEMBER 29, 2023

Condominiums are primarily governed by Florida Statutes, the condominium’s governing documents (declaration, by-laws, articles of incorporation), and their rules and regulations. Some Florida courts have even opined that “unreasonable” restrictions in a declaration may be enforced, so long as they are not “arbitrary” or “capricious.”

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Florida Condo & HOA Law Blog

SEPTEMBER 27, 2023

What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members? The post Navigating the Complex World of HOA Architectural Control first appeared on Florida Condo & HOA Law Blog. In the case, Young v.

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Florida Condo & HOA Law Blog

OCTOBER 25, 2023

Top Tips From Wildlife Expert and Trapper Todd Hardwick first appeared on Florida Condo & HOA Law Blog. Donna and Todd explore the difficulties of dealing with different types of wildlife in residential communities and the potential liability issues that arise should boards take no steps to intervene.

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Tips Florida 102

Florida Condo & HOA Law Blog

NOVEMBER 22, 2023

The post Show Me the Money: Investment Strategies with Michael Coady and Kenny Polcari of Slatestone Wealth first appeared on Florida Condo & HOA Law Blog.

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Florida Condo & HOA Law Blog

JULY 13, 2023

A written request for such an extension must be submitted to the authorizing governmental agency within ninety (90) days after the state of emergency has expired (§ 252.363(1)(b), Florida Statutes). Florida Op.Atty.Gen., 2012-13, April 25, 2012. On Se ptember 23, 2022, the Governor issued Executive Order No.

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Florida Condo & HOA Law Blog

AUGUST 30, 2023

With the passage of a statutory amendment to Chapter 760.29, Florida Statutes, effective July 1, 2020, Housing for Older Persons communities are no longer required to register with the Florida Commission on Human Relations agency. The post Housing For Older Persons first appeared on Florida Condo & HOA Law Blog.

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Florida Condo & HOA Law Blog

OCTOBER 1, 2023

via e-mail) The post New HOA Law Addresses Storage first appeared on Florida Condo & HOA Law Blog. It seems someone may have misunderstood or misinterpreted one of changes made. Can you please shed some light on this?

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Florida Condo & HOA Law Blog

SEPTEMBER 17, 2023

The post Voting Requirements After Merger Questioned first appeared on Florida Condo & HOA Law Blog. The master association declaration and bylaws both require a majority vote to amend those documents.

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Florida Condo & HOA Law Blog

SEPTEMBER 26, 2023

Chapter 617, Florida Statutes, provides that one of the powers of a not-for-profit corporation in the State of Florida is the power to borrow money. The post Borrowing Money first appeared on Florida Condo & HOA Law Blog. Your governing documents.

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Florida Condo & HOA Law Blog

OCTOBER 27, 2023

Section 718.112, Florida Statutes, provides in relevant part, “For purposes of this paragraph, the term “candidate” means an eligible person who has timely submitted the written notice, of his or her intention to become a candidate.” first appeared on Florida Condo & HOA Law Blog. The answer: it depends.

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Florida Condo & HOA Law Blog

NOVEMBER 12, 2023

via e-mail) The post Comingling of Funds Questioned first appeared on Florida Condo & HOA Law Blog. The money is there, it is just not in the right account. Is it permissible to keep the reserve and operating funds together?

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Florida 72

Florida Condo & HOA Law Blog

AUGUST 6, 2023

via e-mail) The post Insurance Proceeds Should Be Bonded first appeared on Florida Condo & HOA Law Blog. Why would we need higher limits on our fidelity bond?

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Florida Condo & HOA Law Blog

SEPTEMBER 20, 2023

The post Webinar: Out with the Old and In with the New: Upgrading Your Community Association Documents first appeared on Florida Condo & HOA Law Blog. They approach the conversation from their u The post Webinar: Out with the Old and In with the New: Upgrading Your Community Association Documents first appeared on Becker.

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Florida Condo & HOA Law Blog

NOVEMBER 5, 2023

via e-mail) The post Use of Assessment Money Regulated by Statute first appeared on Florida Condo & HOA Law Blog. The board would like to keep the money to offset future expenses. What is the law on this?

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Florida Condo & HOA Law Blog

OCTOBER 25, 2023

The post 2022 Hurricane Nicole Permit Extension Opportunity Extended Further first appeared on Florida Condo & HOA Law Blog. Because every situation is unique, Katie Berkey, Esq., AICP at Becker can advise you on whether and how this law can apply to your particular case.

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Florida Condo & HOA Law Blog

OCTOBER 15, 2023

via e-mail) The post Director Removal Does Not Require Good Cause first appeared on Florida Condo & HOA Law Blog. While I do not dispute that they obtained recall agreements signed by a majority of the unit owners, they did so under false pretenses where they made false statements about my leadership.

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Florida Condo & HOA Law Blog

SEPTEMBER 5, 2023

via e-mail) The post Board Term Limits Questioned first appeared on Florida Condo & HOA Law Blog. I have not heard anything about term limits recently and know that a number of board members in my community have served for a long time. What is the term limit for condominium association board members?

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Florida 79

Florida Condo & HOA Law Blog

OCTOBER 11, 2023

The post Boot Camp for Board Members: Army Vet, PCAM and Becker Shareholder, Howard Perl, Discusses the Benefits of Rigorous Board Member Education first appeared on Florida Condo & HOA Law Blog.

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Florida Condo & HOA Law Blog

AUGUST 21, 2023

In Community Associations, even if you are a “no pet” community, the Fair Housing Acts (both the Florida and federal acts) codify and prohibit discrimination in housing against persons with a disability or disability-related need for an emotional support animal. The post No Pets In Publix first appeared on Florida Condo & HOA Law Blog.

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Florida 80

Florida Condo & HOA Law Blog

AUGUST 21, 2023

via e-mail) The post Legislature Limits HOA Rental Amendments first appeared on Florida Condo & HOA Law Blog. I was recently told that the statute was changed, and rental restriction amendments are no longer permitted. Is this correct?

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Florida 75

Florida Condo & HOA Law Blog

OCTOBER 22, 2023

via e-mail) The post ‘Sunshine’ Rules Apply to Budget Workshops first appeared on Florida Condo & HOA Law Blog. Many owners feel that this workshop should be open, and owners should be allowed to attend and participate. What are your thoughts?

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Florida Condo & HOA Law Blog

AUGUST 13, 2023

via e-mail) The post Association Borrowing Questioned first appeared on Florida Condo & HOA Law Blog. It seems to me that for such a serious undertaking, a vote of our owners should be required. Is a loan by the association a mortgage on my unit?

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Florida 79

Florida Condo & HOA Law Blog

JULY 25, 2023

The following year, the Florida legislature enacted Florida Statute Section 767.14, which prohibited local governments from adopting breed specific dog laws. Earlier this year, SB942 successfully approved elimination of the provision in Florida Statute Section 767.14 This will no longer be possible.

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Florida Condo & HOA Law Blog

SEPTEMBER 10, 2023

via e-mail) The post Emergency Voting by E-mail Questioned first appeared on Florida Condo & HOA Law Blog. Can the association use this type of system to facilitate the decision-making process following such a catastrophic event?

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Florida Condo & HOA Law Blog

JULY 30, 2023

The post Boards Cannot Vote By E-Mail first appeared on Florida Condo & HOA Law Blog. Q: Can the board of an association conduct business by e-mail vote between meetings, and then ratify the votes at the next board meeting? via e-mail) A: No.

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Florida 71

Florida Condo & HOA Law Blog

NOVEMBER 26, 2023

via e-mail) The post Tax Deed Can Extinguish Assessments first appeared on Florida Condo & HOA Law Blog. Does the new owner have to pay the past-due assessments once they acquire title from the tax deed sale?

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Florida 65

Florida Condo & HOA Law Blog

JULY 9, 2023

HB 919 only applies to homeowners’ associations governed by the Florida Homeowners’ Association Act, Chapter 720 of the Florida Statutes (the “Act”) and includes the following: The post 2023 Legislative Review Part 2 first appeared on Florida Condo & HOA Law Blog.

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Review Florida 55

Florida Condo & HOA Law Blog

NOVEMBER 8, 2023

The post Saving Lives in Your Community Association: Defibrillators (AEDs), Bleeding Control Kits (BCKs), and CERTs with Dr. Jason Mansour first appeared on Florida Condo & HOA Law Blog.

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Florida Condo & HOA Law Blog

AUGUST 30, 2023

first appeared on Florida Condo & HOA Law Blog. If you are living in a homeowners association you probably know that the Association cannot prohibit the installation of solar panels (or “solar collectors”). But what about a request to install such devices on the roof of a condominium?

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Florida Condo & HOA Law Blog

JULY 27, 2023

Florida Statutes provide boards with broad emergency powers in response to damage, injury or public contagion caused by or anticipated in connection with an emergency for which “a state of emergency” is declared. The post Association Emergency Powers first appeared on Florida Condo & HOA Law Blog.

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Florida Condo & HOA Law Blog

JULY 11, 2023

A written request for such an extension must be submitted to the authorizing governmental agency within ninety (90) days after the state of emergency has expired (§ 252.363(1)(b), Florida Statutes). Florida Op.Atty.Gen., 2012-13, April 25, 2012. On November 7, 2022, the Governor issued Executive Order No.

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Florida Condo & HOA Law Blog

OCTOBER 27, 2023

The post Damage to Units first appeared on Florida Condo & HOA Law Blog. These are often difficult issues, and you should always consult with your attorney whenever there is a leak in your condominium building.

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Florida 102

Florida Condo & HOA Law Blog

NOVEMBER 29, 2023

When adopting these types of rules you must examine the association’s governing documents to determine if the time frames required for notice of the meeting exceed the requirements in the Florida Statutes. first appeared on Florida Condo & HOA Law Blog. The post Holiday Decorations – Ho, Ho, Ho or Bah Humbug?

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