FCAP Managers Report

Amid rising costs and scrutiny of the operations of condominium associations across the state, your condominium association has likely placed an emphasis on doing business with people and companies it can trust. After all, wouldn’t you prefer that in your own business dealings? But what if these trusted people and companies have close ties to […]

As budget season is in full swing, and annual meetings / elections are just around the corner, I thought it a good time to review some basic meeting information that is very frequently not done properly. Let’s start with budget meetings. As you should be aware by now, there have been some significant changes to […]

If your condominium association has a fiscal year that follows the calendar year, it is about that time of year to begin thinking about next year’s budget.  The Budget and Reserves Manual from the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares and Mobile Homes recommends that associations start gathering information to prepare […]

Whether your association is a condominium, a cooperative, or a homeowners’ association, chances are that, at one point or another, it has had to deal with a resident who just can’t seem to abide by your governing documents. We all have had that one neighbor who insists on blaring music at odd hours of the […]

Architectural restrictions are one of the many reasons people purchase homes governed by homeowners’ association as they serve to preserve an aesthetic quality to the community and the value of the homes in the community. However, architectural restrictions are also historically a great source of contention between the Board or architectural review committee and the […]

As most of us are by now familiar with, in 2021 the Florida legislature enacted significant statutory changes to Chapters 718, 719, and 720, requiring a new notice to delinquent owners that must be mailed by an association before demanding payment of attorney’s fees related to the collection of unpaid assessments. Since July 1, 2021, […]

The Florida Legislature adopted House Bill (HB) 1021, which makes certain changes to the Chapter 718, or the Condominium Act. Assuming the bill is not vetoed by the Governor, it will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but one of […]

Whether your community association is a condominium, cooperative, or a homeowners’ association, Florida law empowers your association to enter into contracts in connection with the maintenance and operation of the community. Often times, your association is all but required to contract with third parties in order to maintain and operate the community, as it does […]

Every year community associations watch for legislative changes to the general statutes that govern community associations, including Chapter 718, Florida Statutes, for Condominium Associations; Chapter 719, Florida Statutes, for Cooperative Associations; and Chapter 720, Florida Statutes, for Homeowners’ Associations. However, changes to other parts of the Florida Statutes can have important, substantive effects on community […]

In 2004 the east coast of Florida was struck in very short order by two significant hurricanes, Frances and Jeanne. While we learned many, many lessons from those hurricanes, one of the problems that we faced, over which we had limited control, was the issue of communication. While many clients did not have up-to-date email […]

Condominium associations, cooperatives, and homeowners’ associations are all required to maintain and make available to owners official records of the association. The respective statutes governing each type of association contain a list of records that must be maintained by the association, as well as a catch-all provision for “all other written records of the association.” […]

It seems now more than ever that Florida’s community association managers are asked to do more and more. Focusing on a few of the basics can go a long way in keeping the community association out of legal trouble and alleviating the stress of community association management. Here are a few traps for the unwary […]

‘Sunshine’ laws require transparency and disclosure in government and business. Community associations have their own of “sunshine” requirements. Are there any “sunshine” requirements for the budgeting process? In other words, what parts of the budget process must community boards ensure to make open, available, or transparent to community members? What notice is required? Board meetings […]

You have probably heard of the term “NIMBY,” which is the acronym for “Not in My Back Yard.” It is the attitude of some who oppose new development, fearing that it will adversely affect them in terms of architectural style, adverse impacts to views, housing density, or traffic, for example. However, with some proactive investments […]

Issues generally arise in community associations when there is or appears to be a lack of transparency between the board of directors and the association members. The Florida’s Sunshine in the Government Act, or the “sunshine laws,” require transparency and disclosure in government and business. Although the Florida’s Sunshine in the Government Act does not […]

So, you’ve been elected or appointed to the board of your association. Now what? First, it is necessary to become familiar with the association’s governing documents (declaration, articles of incorporation, and bylaws) and any written rules and policies. Board members are charged with upholding these documents and policies to the best of their ability as […]