Proxies and Limited Proxies In condominiums and cooperatives, general proxies are used for establishment of a quorum and limited proxies are used to vote on a particular matter – amendments, waive reserves or financial reporting requirements, etc. It is only in homeowners associations when proxies may also be used for elections. Proxies and limited proxies […]
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Director Elections in HOAs (i.e. Welcome to the Wild, Wild West)
An increasing number of homeowners’ associations are adopting a two-notice, advance-nomination process for electing directors, similar to the election procedures statutorily dictated for condominium associations. Yet with many HOAs still operating with governing documents drafted by the developer, it is not uncommon to hear about situations where an association is running its condo-like election based […]
Read MoreLender Questionnaires
Associations and association managers routinely receive what are referred to as lender questionnaires on a regular basis. A lender questionnaire is usually a request from a bank, lending institution or title company that requests the Association provide information about the community to the lender. Such requested information generally includes request for information concerning the community […]
Read MoreReviving Unenforced Restrictions
The previous boards failed to enforce the provisions of the Declaration, bylaws, and/or rules and regulations of the community and now whenever the manager tells someone that they are in violation, the response is that the Association allowed this to occur for many years without enforcement. All is not lost. A previously unenforced restriction may […]
Read MoreThe Role of Impartial Committees in Condominium Elections
The focus of this article is on impartial committees for the annual election. This committee tallies the votes that were cast and determines the outcome of the election. If selected in advance of the annual meeting by the Board, the committee may also verify outer envelope information in advance of the meeting. As a starting […]
Read MoreSpecial Assessments
There are very specific statutory requirements for levying a special assessment in a condominium. Your governing documents must be reviewed to determine who votes on the special assessment (Board, membership, or both), and the notice period for the meeting at which the special assessment will be approved. Sometimes the notice period will be longer than […]
Read MoreThe 2023 Season is Upon Us. Time to Think about Elections
A new season means a new annual meeting and election. In condominiums and cooperative associations there are two components: the election of directors and the annual meeting. Most think of them as one and the same, but they really are separate events which occur concurrent with one another. The condominium and cooperative election takes place […]
Read MoreDo Not Miss These Deadlines
The new law passed by the Legislature, known as “SB 4-D”, became effective May 26, 2022 and contains various important deadlines for compliance. The new law applies to condominiums and cooperatives which are 3 stories or higher. We are most often asked “by when do we need to comply with the new law?” This article […]
Read MoreWhy Can’t We…
Unit owners often move from private homes and do not understand that the condominium form of ownership in Florida is somewhat unique. In many instances some individual liberties must be curtailed for the good of the community as a whole. What they may have been permitted to do “up north” may not be the same […]
Read MoreEnforcing the Rules and Regulations in Your Community: All Actions Have Consequences. How Prepared Are You to Enforce Them?
Whether you live in a condominium, cooperative, or homeowners’ association, owners and their guests, tenants and invitees are bound by the association’s governing documents, which may include the declaration, articles of incorporation, and bylaws, and any rules and regulations. Prospective owners and tenants must understand what is required of them under these documents as they […]
Read MoreOptions for Dispute Resolution in Condominium Associations
On July 1, 2021, changes to Florida law opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through presuit mediation. Previously, certain disputes between condominium associations and unit owners (or cooperatives and unit owners) were required to be submitted to arbitration through the […]
Read MoreUpdate: Opportunity To Extend Certain Permits Due to Hurricane Ian Continues
Section 252.363(1)(a), Florida Statutes (2022), provides that certain qualifying permits and authorizations are eligible for an extension once a state of emergency is issued by the Governor for the length of time the state of emergency is in effect, plus an additional six months. A written request for such an extension must be submitted to […]
Read MoreEstoppel Fees Have Increased
In 2017, the Florida Legislature amended the community association statutes to formalize the estoppel certificate process and to establish the amount association were permitted to charge for providing the estoppel certificate. Prior to 2017, the statutes stated that associations could charge a fee for providing an estoppel certificate but did not specify the amount of […]
Read MoreElectronic Voting in Community Associations Are the Days of Paper Ballots and In-Person Meetings a Thing of the Past?
Before the 2020 pandemic, annual membership meetings were a time for owners to get together and discuss community issues while anxiously awaiting for election ballots to be counted. However, COVID-19 changed the manner in which association meetings were held. With restrictions on large group gatherings and strict quarantine requirements, many associations limited in-person attendance, requiring […]
Read MoreAcceptance and Application of Payments is ALWAYS the Right Answer
Assessment payments are the life blood of every community association, and the recovery of delinquent assessments is the primary goal for every community association. However, many associations, and their management companies, refuse to accept direct payment from delinquent owners once the account is turned over to their attorney for collection proceedings. Many associations place a […]
Read MoreCan I Get a Restraining Order?
Over the past few years there seem to be more communities with persons who are threatening, being aggressive, or even stalking board members and/or the association’s manager. In those cases where the person acting in a threatening manner is not an owner, such as a tenant, an occupant, or a guest, then the association may […]
Read MoreHOA Rental Amendments
The Homeowners’ Association Act (Chapter 720, Florida Statutes) was amended during the 2021 Legislative Session to address a homeowners’ association’s authority to adopt amendments to its governing documents pertaining to rentals. The new law, Section 720.306(1)(h), Florida Statutes, became effective on July 1, 2021. In summary, any amendment to a governing document enacted after July […]
Read MoreOptions for Dispute Resolution in Condominium Associations
On July 1, 2021, changes to Florida law opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through presuit mediation. Previously, certain disputes between condominium associations and unit owners (or cooperatives and unit owners) were required to be submitted to arbitration through the […]
Read MoreAttention Landlords and Tenants of Residential Units in Miami-Dade and Broward Counties
It is no secret that with the influx of new residents who moved to South Florida during the pandemic, landlords have drastically increased rents – in some instances close to 50 percent from the prior year. This has created what Miami-Dade County Mayor Daniella Cava deemed an “Housing Affordability Crisis.” Even before the mayor declared […]
Read MoreReal Estate Law Blog Attorney Spotlight: Scott A. Marcus
We’re proud of all our Real Estate practice team members and know that their dedication to quality service is what elevates Becker above the competition. Take a moment to get to know the talent behind your next transaction!
Read MoreThe Worst Storm Is the Storm You Didn’t Prepare For
With hurricane season quickly approaching, it is important that you prepare for the worst (and hope for the best)! Hurricane season is June 1 through November 30. This article will provide tips to help prepare your 2022 hurricane preparedness guide, as well as provide actions that you can take before a hurricane makes landfall. The […]
Read MoreBest Practices for the Use of Video Cameras
Many associations now install security cameras on the common areas to guarantee video evidence of any intentional vandalism or negligent actions which result in damage to the common areas, such as a vehicle running into the gate of a gated community. Some associations want to install security cameras as a way of deterring criminal acts […]
Read MoreTop 10 Manager Dos And Don’ts
Managers and directors are faced with many decisions while operating and managing community associations. To be effective, it is important to prioritize which issues must be addressed, and in what order, and to be able to determine which matters need to be referred to legal counsel for further direction. Below is a list of “dos” […]
Read MorePanic Is Setting In – The Housing Market Must Be About to Crash
Over the last few days, I have been flooded with articles about one mortgage company after another laying off hundreds, or thousands of employees because over the last several weeks, mortgage originations are down. Similarly, I am seeing articles that title companies who close residential loans, are laying off employees for the same reason. Armageddon […]
Read MoreCan Anything Be Done About Solar Panels?
If you are living in an HOA, you probably have heard that the association cannot prohibit the installation of solar panels (or “solar collectors”). A Florida law, F.S. 163.04, provides that any “deed restriction or declaration” or even any “similar binding agreement” may not prohibit – or have the effect of prohibiting – solar collectors, […]
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