Florida Condo & HOA Law Blog

With so many other subjects related to condominium and homeowners’ associations consuming so much bandwidth these days, it was not surprising to learn that a community association client of mine was not aware that the Florida Statutes address in detail association estoppel letters. If your association’s board or directors or property manager has been completing […]

Community association managers and board members often find themselves dealing with the mental illness of a resident; especially if the resident has no family members willing to help. Hoarding has especially grown in prevalence in community associations. Many associations find themselves wondering how to deal with a hoarder or suspected hoarder.

In a few short months, the 2025 hurricane season will be upon us, and it is important to start planning ahead. For many years, the Condominium Act provided that each board of a residential condominium was required to adopt hurricane “shutter” specifications including color, style, and other factors deemed relevant by the board. The Homeowners’ […]

We all know how condominiums begin—with renderings, design and finishing selections, friendly sales agents, and, of course, so many documents.  However, once a condominium becomes an aging project, particularly one rife with escalating maintenance needs and expenses, it is worth considering how the condominium may be terminated.

In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering that their various rules regulating or prohibiting youngsters’ use of the association’s facilities may run […]

Social media has transformed the way people communicate. In restaurants you can look around and see people “dining together” while on their cell phone. I was at a movie theater this weekend and even noticed the white glow of cell phone screens lighting up during the film. Social media, which provides an instantaneous platform to […]

Special assessments are becoming more and more common in community associations. As the frequency of special assessments increases, so does the possibility of delinquencies in payment of the special assessments. A crucial element of collection of a delinquent special assessment is proving that the special assessment was properly adopted at a properly noticed board meeting. […]

When a condominium association is seeking to obtain a loan, too often the board is signing the Bank’s commitment letter before having that document reviewed by legal counsel. While some banks will permit the association to amend the commitment letter after the fact, through revisions to the loan documents, others will not permit that to […]

Community associations have become very familiar with the statutory requirement that a 30 day Notice of Late Assessment must be sent to an owner prior to turning the account over to an attorney for collections. However, confusion over the need to send a Notice of Late Assessment often arises when an association adopts a new […]

For those of you who own a condominium unit in a high-rise building, you are keenly aware of the many changes through the years to the fire safety requirements for high-rise buildings. The Condominium Act, in Section 718.112(2)(n), Florida Statutes, currently states that all high-rise buildings had to retrofit with either a fire sprinkler system […]

Florida lawmakers revised Chapter 718, Florida’s Condominium Act, once again following the 2024 Legislative Session through House Bill 1021, which was signed by Governor DeSantis and became effective July 1, 2024.  One of the most surprising revisions to some, was the addition of criminal penalties for certain conduct in violation of Chapter 718.

Whether you are a member of a condominium association or homeowners’ association, the respective statutes require the owners and the association to engage in alternative dispute resolution for certain disputes before a complaint is filed in court.  The two types of alternative dispute resolution recognized by the Condominium Act and the Homeowners’ Association Act are […]

It wasn’t so long ago that Florida’s Department of Business and Professional Regulation (the “DBPR”) had little jurisdiction over the operation of condominium associations after their developer turnover meetings, and, what little jurisdiction the DBPR had over associations after turn over, was often exercised by providing warnings and board member education to associations that were […]

The Occupational Health and Safety Administration (OSHA) has proposed a new heat protection rule aimed at safeguarding employees who are exposed to excessive heat in their work environments. This rule is particularly relevant to condominium associations and homeowner associations, which often employ staff such as landscapers, maintenance workers, and pool attendants who spend extended time […]

The unauthorized practice of law poses significant legal and financial risks to both community association managers (CAMs), board members, and the communities they serve. The Florida Supreme Court has consistently ruled on the boundaries of lawful conduct for non-lawyers, particularly in the context of community association management. These rulings underscore the importance of distinguishing between […]

Newly created Florida Statute 215.5587 establishes the My Safe Florida Condominium Pilot Program- a grant program to help condominiums within 15 miles inward from the coastline offset the cost of certain building improvement projects to strengthen their buildings against hurricanes. The grant program was funded by a thirty-million-dollar appropriation, with a maximum grant of $175,000.00 […]

Prior to July 1, 2024, only associations operating condominiums with 150 or more units were required to have a website. However, Florida lawmakers expanded this mandate through House Bill 1021, which was signed by Governor DeSantis and became effective July 1, 2024, to include any association operating a condominium with 25 or more units. The […]

Clients frequently ask how to amend their governing documents, and how to make the amendment process easier. There is one preliminary step I recommend, to help an association successfully amend their governing documents. First, I recommend a board look to the amendment provisions in the governing documents. Your declaration of condominium or declaration of covenants, […]