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The Three Key Elements of Properly Noticing a Special Assessment Meeting

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. […]

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Bank Commitment Letter Pitfalls for Condominiums

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 […]

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The Owner’s Account Is Already in Collections – Why Do I Have to Send a New Notice of Late Assessment for a New Special Assessment?

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 […]

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Fire Sprinkler and ELSS Deadlines Extended by Florida Fire Prevention Code

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 […]

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Condominium Officers, Directors and Managers Who Solicit, Offer to Accept, or Accept “Kickbacks” Now Commit a Felony of the Third Degree

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.

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What Is the Difference Between Mediation and Arbitration?

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 […]

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Additional Opportunity to Extend Your Permit Expiration Dates: Hurricane Milton

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. A Florida law allows certain qualifying permits and authorizations to be extended beyond their current expiration dates once the Governor issues a state of emergency stemming from natural causes. Governor […]

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The DBPR Now Has Broader Authority to Investigate and Enforce Compliance

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 […]

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New Heat Protection Rule Is Set to Take Effect

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 […]

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Guarding Against the Unauthorized Practice of Law

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 […]

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Additional Opportunity to Extend Your Permit Expiration Dates – Potential Tropical Cyclone Nine

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. A Florida law allows certain qualifying permits and authorizations to be extended beyond their current expiration dates once the Governor issues a state of emergency stemming from natural causes. Governor […]

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Utility Rates on the Rise: How New Jersey Community Associations May Be Affected and How to Prepare Now

As energy costs are predicted to dramatically increase and budget season is upon associations with fiscal years based on the calendar year, New Jersey associations that purchase electric service for their residents should prepare for surging utility rates in 2025 and 2026 following PJM Interconnection’s (“PJM”) last capacity auction. PJM, headquartered in Valley Forge, Pennsylvania, […]

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My Safe Florida Condominium Pilot Program

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 […]

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If Your Condominium Has 25 or More Units There Is a New Website Requirement

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 […]

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Making It Easier to Amend Governing Documents

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, […]

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Additional Opportunity to Extend Your Permit Expiration Dates: Hurricane Debby

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. A Florida law allows certain qualifying permits and authorizations to be extended beyond their current expiration dates once the Governor issues a state of emergency stemming from natural causes. Governor […]

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Delivering Marketable and Insurable Title After Condo Termination

In the aftermath of Hurricane Ian, many condominiums in the Southwest Florida area were substantially damaged. While many Associations are in the process of rebuilding, some have not been able due to the high costs involved. As result, some of these associations have elected to terminate the condominium form of ownership and sell the condominium […]

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Ask About Incidental Damages Before Starting Your Condo’s Maintenance Project

Incidental damages are damages that are caused by associations to portions of buildings that unit owners are required to maintain. The most common example occurs when an association has its contractor go into a unit and remove portions of the wall or the floor to gain access to common elements which require repair. Incidental damages […]

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Hurricane Preparedness and Electric Vehicles

It is mid-July and we have already experienced two (2) named storms this year. Where are you in your hurricane preparedness? In addition to general hurricane preparedness, local municipalities and programs throughout the state have been warning against the potential dangers of leaving electric vehicles, e-bikes, e-scooters, electric golf carts, etc. (“EV”) plugged-in during storms. […]

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Winning Your Case: Selecting the Right Experts in Community Association Transition Litigation

If your community association is in the midst of transition litigation or in the beginning stages of contemplating bringing suit for transition or construction defects against the developer of your community, then you’re going to need to assemble the right team. In New Jersey, that team will include an “expert.” But what is an “expert” […]

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Meetings and Records Request Rules

Unfortunately, one of the more common calls I receive from community association clients concerns how to deal with unruly or disruptive members. These members disrupt association board meetings and committee meetings, often by speaking out of turn, refusing to sit down, yelling, screaming, and defaming board members. Other disruptive methods employed by some members include […]

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New Requirements for Condominium Association on Inspections of Official Records

The Florida Legislature adopted House Bill (HB) 1021, which was recently signed into law by the Governor which makes certain changes to Chapter 718, Florida Statutes, known as the Condominium Act. It will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but […]

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HB 1203, Effective July 1, 2024, Changes HOA Fining Requirements

When Florida lawmakers concluded their 2024 Legislative Session, a number of bills passed that affect community associations. House Bill 1203, which was signed by Governor DeSantis and is effective July 1, 2024, changes the game when it comes to fining in homeowners’ associations that are governed by Chapter 720, Florida Statutes.

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Vacation Rentals and Community Associations

Over the past few years, Airbnb and VRBO (collectively referred to as “Vacation Rentals”) have become a very popular form of short-term rental. Vacation Rentals include a range of rentals from houses, condos, or in some instances rooms for a period under 30 days’ at a time. While some owners believe they have this right […]

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