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The Florida Condominium Act defines limited common elements as those common elements that are reserved for the use of a certain unit or group of units, as specified in the declaration of the condominium. This definition indicates that the limited common elements are a subset of the common elements. Examples of what may be included […]

The Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) recently issued new temporary requirements as an attempt to mitigate risk in community association loan underwriting. Many other industries within the community association world, such as insurance, have adjusted costs and guidelines in an effort to mitigate risk as […]

Flags serve as a powerful symbol of a nation, its ideals, and its people, and their display in community associations is addressed under State law. The Florida Condominium Act permits a unit owner to display, in a respectful manner, one portable, removable United States flag and portable, removable official flags, not larger than 4.5-feet by […]

Can a non-owner be a Board member in a condominium? Every year this question comes up in one form or another. In some cases, it is a spouse who is not on the deed who wants to be on the Board. In other cases, someone who is on the Board moves away but his/her term […]

Associations frequently ask the question: “When should a delinquent owner be turned over for collections?” To fully answer to this question, the association must understand the relatively new statutory requirements that must be fulfilled before an account is turned over to legal counsel for collections, as well as understanding the increased timeframes an owner is […]

Nothing evokes more of an “emotional” response than the issue of emotional support animals in a no-pet community. While this is not a new issue, and has been discussed many times in this forum and others, Florida laws affect how a community handles a request for a reasonable accommodation to its governing documents, rules and […]

We have been receiving a number of loan requests. Even though we’ve done articles in this forum regarding association borrowing in the past, there are some issues that keep reoccurring. Do not start the borrowing process without a discussion with your attorney. Often, we are asked to assist an association in obtaining a loan, but […]

Florida Statutes allow the Condominium unit owners to use the common elements for the purposes for which the common elements were intended as long as their “use does not hinder or encroach upon the lawful rights of other unit owners.” The statute also permits the Board of Directors to create and adopt reasonable rules pertaining […]

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 […]

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 […]

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

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]