Q: We have a condominium unit owner who has not paid dues in over a year. We would like to suspend their legal rights until they are paid up. May we do this? (M.L., via e-mail) A: Section 718.303(4)of the Florida Condominium Act (the “Act”) provides that where a unit owner is more than 90 […]
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“Lessons Learned from Past Hurricanes” – FCAP Managers Report
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 […]
Read More“Simplifying Official Records Inspections for both the Association and the Owners” – FCAP Managers Report
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.” […]
Read More“Reserve and Inspection Laws Changed” – News-Press
Consisting of what I would categorize as relatively minor changes to the sweeping building inspection and reserve laws enacted in 2022, here is a look at Senate Bill 154, which will become law upon signature by the Governor: Inspection Deadlines: The relevance of proximity to the coastline has been removed from the law as a […]
Read More“Minutes Must Be Kept Permanently” – News-Press
Q: How long must a 50-year-old condominium retain the minutes of the board of directors’ meetings? (K.B., via e-mail) A: Section 718.111(12)(a) and (b) of the Florida Condominium Act requires that the minutes of all meetings of the condominium association, including meetings of the unit owners and meetings of the board of directors, be permanently […]
Read More“Can the Directors and Members of Your Community Association Meet and Vote Remotely?” – FCAP Managers Report
During the COVID-19 pandemic, people and businesses alike struggled to meet, organize, and otherwise conduct business in person due to quarantine measures and social distancing policies. In light of these challenges, in 2021, the Florida Legislature enacted laws to make clear that, during a state of emergency, condominium, cooperatives, and homeowners’ associations are authorized to […]
Read More“Managing Your Personnel: Five Lessons That You Don’t Want to Learn the Hard Way” – Florida Community Association Journal
Shareholder, Jamie Dokovna writes about the challenges that ensue when managing personnel by highlighting five important lessons: Lesson One – Hire the right people Lesson Two – Have policies and enforce them Lesson Three – Be flexible when necessary Lesson Four – The tools you have aren’t any good if you don’t use them Lesson […]
Read More“Use of Surplus Money Questioned” – News-Press
Q: My condominium association recently approved a special assessment to pay for a construction project. The project is now completed and there is money left over. The board has now called a meeting where they are going to consider the applying those funds to a different project. Isn’t the association required to return this money […]
Read More“Avoiding Legal Woes by Mastering the Mundane” – FCAP Managers Report
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 […]
Read More“Board Bickers Over Meeting Agendas” – News-Press
Q: The board of directors for my condominium association has an ongoing dispute over which board members can put items on the agenda of a board meeting. Can individual board members put items on the agenda of a board meeting? (J.N, via e-mail) A: The Florida Condominium Act does not address how the agenda of […]
Read More“Veto SB 360, Gov. DeSantis. It Makes Residents in Older Condo Buildings Less Safe” – Miami Herald
Last year, the Florida Legislature passed SB 4-D with the stated purpose of safeguarding the millions of Floridians living in older multifamily buildings. Known as the Condo Safety Law, SB 4-D requires periodic engineering inspections for buildings three stories and higher and mandates that associations reserve funds to pay for ongoing maintenance and repair projects. […]
Read More“Workshops Require Minutes” – News-Press
Q: What are the requirements regarding keeping minutes for workshops by the board of directors? (L.F., via e-mail) A: A board “meeting” is generally defined as any “gathering” of a “quorum” of the board members gathered to “conduct association business.” Breaking this down into its basic components, a gathering is any physical or virtual assembly, […]
Read More“Associations May Now Have Broader Standing to Pursue Construction Defects Claims” – CAI Central Florida Times
When your community needs to pursue a claim for construction defects, your community must have a stake in the outcome of the litigation – known as standing – to pursue that claim. Because both Section 718.111 and 720.303 empower an association to pursue claims for matters of common interest, an association usually has standing to […]
Read More“Community Association Budgeting in the Sunshine” – FCAP Managers Report
‘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 […]
Read More“Material Alteration Voting Explained” – News-Press
Q: A question has arisen in my condominium association regarding what vote is required to change the property. At a recent meeting, 2/3rds voted in favor. However, this was just 2/3rds of the proxies, and not 2/3rds of everybody. Isn’t there a minimum number of votes required to make certain changes to the property? (C.D., […]
Read More“Ian Assessments Not Paid/What Next?” – News-Press
Q: Our condo association, like many others, had to issue an assessment to owners to recover the cost of damages from hurricane Ian. We have issued the notices, and all the owners except one has either made full or partial payments. We understand we may place a lien against the property, but what kind of […]
Read More“Why You Should Become A Board-Certified Lawyer” – The Capstone
The Florida Bar reports there over 93,000 lawyers eligible to practice law. Demand for legal services is on the rise as droves of out of state consumers and their businesses relocate to Florida. To meet this demand, law firms have aggressively been recruiting lawyers particularly in specialty areas such as real estate, construction, and corporate […]
Read More“Developer Turnover Obligations Explained” – News-Press
Q: After the developer transfers control of the condominium association to the unit owners, can the association increase the assessments for the common expenses only against the developer owned units to cover the costs of repair for construction defects? (C.D., via e-mail) A: No. Section 718.301(3) of the Florida Condominium Act provides that after control […]
Read More“‘NIMBY’ to ‘YIMBY’” – FCAP Managers Report
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 […]
Read More“Notice of Board Meeting Must Include Agenda” – News-Press
Q: The board of directors of my condominium association recently voted on an issue that was not on the posted agenda. Following the meeting, the board realized that this was an error and there is a question as to how to correct the mistake. Should the board address this at the next board meeting and […]
Read More“Easements Explained” – News-Press
Q: The survey for my lot when I closed on my property shows a 15-foot-wide drainage easement dedicated to my homeowners’ association. Can my association use the drainage easement for another purpose besides drainage? (A.D., via e-mail) A: Most likely not. However, the answer to your question depends on several things, including the language contained […]
Read More“Let’s Have A Talk About Depositions” – NEFL CAI Chapter Community Connection
Whether you are a property manager, board member, or homeowner, the likelihood of being involved in litigation is ever-increasing. The COVID19 pandemic has brought a wave of litigation throughout the country, with homeowners’ association related issues being a hotbed. One inherent aspect of that litigation involves the litigants taking depositions. A deposition serves as a […]
Read More“Sunshine Laws for Condominium Associations” – FCAP Managers Report
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 […]
Read More“Condo Hurricane Repairs Explained” – News-Press
Q: My condominium building suffered significant damage from Hurricane Ian, including damage to the exterior of the building and the interior of the units. The association recently said that it will begin making various repairs, including repairs inside the unit. Is this permitted without my permission since this is property that I own? (D.K., via […]
Read More“Welcome to the Board: Now What?” – FCAP Managers Report
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 […]
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