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CALL ALERT: New Tree Removal Law Goes Into Effect July 1st

Governor DeSantis signed SB 518 into law  May 18.  The bill further amends Section 163.045, F.S. to provide that a local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on a residential property if the property owner has documentation from an arborist or landscape architect […]

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CALL ALERT: Proposed Federal Legislation to Help Some Condo Owners Pay Special Assessments

As the one-year anniversary of the Surfside tragedy (June 24) approaches, thousands of Florida condominium and cooperative associations continue to assess their buildings’ structural integrity and maintenance needs. Boards who are moving forward with robust reserve funding and extensive repair projects can be met with strong resistance from members who simply cannot afford those items. […]

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The 2022 Legislative Session. What Just Happened?

The Florida Legislature concluded the 2022 Session without passing any major community association legislation. Several counties and the Florida Bar convened task forces in the aftermath of the Surfside tragedy. Primary among the suggested legislative changes for multifamily buildings were periodic engineering inspections, reserve studies and reserve funding mandates.

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Community Association Bills as of 2/2/22

As you read the bill summaries discussed below, please remember that these are NOT new laws and some of these bills have already been determined to be going nowhere. Most of the bill consolidation occurs the last week or two of Session which is currently scheduled to end on March 11.

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2022 Legislative Session is Underway

The Florida Bar’s Condominium Law and Policy Life Safety Advisory Task Force issued a comprehensive report on October 12, 2021. It was anticipated that many of the Task Force’s recommendations would be taken up as proposed bills by Florida legislators. The Florida 2022 Legislative Session commenced on January 11 and is expected to wrap up […]

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Omnibus Bill (SB 630) Brings Changes for Florida Condos, Cooperatives and HOAs

This year’s large community association omnibus bill will likely become law. This bill, which bears an effective date of July 1, 2021, contains changes which will impact condominiums, cooperatives and HOAs. At more than 100 pages, we will discuss only some of those changes in today’s CALL Alert. This bill, along with all the others CALL has been…

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CALL ALERT: Governor DeSantis Signs COVID-19 Liability Bill

Yesterday Governor DeSantis signed SB 72 which gives civil immunity to not-for-profit corporations, hospitals, nursing homes, government entities, schools and churches for COVID-19 related claims as long as the alleged negligence doesn’t involve gross negligence or intentional misconduct. “COVID-19 related claim” means a civil liability claim against a

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CALL ALERT: Limiting Liability for COVID-19; Criminalizing Inspections & Elections; Permitting Single Petition Property Tax Appeals

This week, we’re going to discuss a few bills that will impact all types of Florida community associations. CS/HB 7 /SB 72 (Brandes) are bills which would protect “business entities” against COVID-19 related claims for damages, injury or death. These bills do include condominiums, cooperatives, and HOAs within the definition of a business entity. Given

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CALL ALERT: Property Damage Claims Will Become More Difficult With Passage of HB305 & SB76

Florida is always potentially in the path of a deadly storm during hurricane season. Because of that geographic vulnerability, property insurance changes are hotly debated each year during Florida’s 60-day Legislative Session. Every year seems to bring increasingly active hurricane seasons and, naturally, property insurance rates climb ever higher.

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Should Condominium Associations Be Permitted to Invest Operating & Reserve Funds? SB 1490 Says Yes!

For years there have been significant legal constraints on a condominium association’s ability to use reserve funds. In addition to the statutory requirement to obtain membership approval for non-designated reserve usage, the prevailing school of thought was that association funds could not be invested since investments can and do fail.

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