Q: I recently read your article about the recent amendments to the statute on fining in homeowners’ associations and have a question. Does the 14-day notice need to be sent by certified mail? (A.G., via e-mail) A: Section 720.305(2)(b) of the Florida Homeowners’ Association Act does not specifically mandate that the 14-day hearing notice be […]
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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. […]
Read MoreBank 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 […]
Read MoreThe 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 […]
Read More“Random Meeting Musings” – FCAP Managers Report
As budget season is in full swing, and annual meetings / elections are just around the corner, I thought it a good time to review some basic meeting information that is very frequently not done properly. Let’s start with budget meetings. As you should be aware by now, there have been some significant changes to […]
Read More“Corporate Transparency Act Explained” – News-Press
Q: We recently received an e-mail from our management company regarding the filing requirements of the Corporate Transparency Act. This is the first I’ve ever heard of it. Can you explain what this is? (M.M., via e-mail) A: On January 1, 2021, Congress passed the Corporate Transparency Act (“CTA”). The CTA is intended to deter […]
Read More“State Regulation of HOA’s Limited” – News-Press
Q: What is the “DBPR” and does it have authority over homeowners’ associations? (C.S., via e-mail) A: The Florida Department of Business and Professional Regulation is an executive branch state agency in Florida. Its secretary is appointed by the Governor. The DBPR is responsible for licensing and regulating various businesses and professionals, through its various […]
Read More“Called to a Deposition or Court? Here Are a Few Tips” – Florida Planning Magazine
When a planner is called to serve as a witness, it is natural to be anxious. However, keeping in mind these tips and best practices will help you be better prepared and best convey evidence and testimony. Always keep orderly files. Do not wait to be called to a deposition or court to organize your […]
Read More“Remote Meeting Procedures Questioned” – News-Press
Q: Am I entitled to ask questions or speak at association meetings if I am attending remotely via an online platform? The application used by my condominium association does not provide a way to ask questions, and I am worried this might be against Florida Statutes. (J.D., via e-mail) A: It depends. Section 718.112(2)(c) of […]
Read More“Political Signs and Holiday Decorations in Community Associations” – Community Trends
With election and holiday season upon us, community association boards are typically tasked with the best way to promulgate rules and regulations concerning political signs and holiday decorations. Living in a pluralistic society can have its challenges. However, a lawful, well-crafted, objective, and non-discriminatory policy can help a community live harmoniously while respecting the beliefs […]
Read More“Board Vacancy Raises Questions” – News-Press
Q: A member of our condominium association board recently resigned, unexpectedly, part way through the first year of their two-year term. According to our bylaws, a board member appointed to fill a vacancy serves until the next scheduled election. Does the temporary replacement serve only until the next annual meeting, or can they fill out […]
Read MoreFire 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 […]
Read MoreCondominium 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.
Read MoreWhat 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 […]
Read More“Abandoned Properties Regulated By Statute” – News-Press
Q: What rights does a condominium association have when dealing with an abandoned unit, and under what circumstances can it go into the unit? (K.Y., via e-mail) A: Section 718.111(5)(b) of the Florida Condominium Act provides that even if the declaration of condominium or other recorded condominium documents do not explicitly provide such authority, the […]
Read More“Ease the Snowbird Transition” – Florida Community Association Journal
Welcome back, snowbirds! Many of our Florida communities have large populations of snowbirds—residents who reside “up North” during the summer and in sunny Florida for the winter months. Snowbirds have been traveling to Florida in one form or another for over 100 years. The population of Florida increases by more than five percent every year […]
Read More“Budget Season is Approaching” – FCAP Managers Report
If your condominium association has a fiscal year that follows the calendar year, it is about that time of year to begin thinking about next year’s budget. The Budget and Reserves Manual from the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares and Mobile Homes recommends that associations start gathering information to prepare […]
Read More“HOA Rulemaking Procedures Questioned” – News-Press
Q: Recently, the board of our homeowners’ association amended the community rules without filing the updated document with the county clerk. They only noted the change on our website. Can the board enforce a rule change that wasn’t officially recorded? (E.R., via e-mail) A: Section 720.306(1)(b) of the Florida Homeowners’ Association Act outlines the procedures […]
Read More“Condo Director Term Limits Questioned” – News-Press
Q: Our condominium association hasn’t held elections for many years due to a lack of more applicants than available board seats. We are considering amending how we handle board terms and adding term limits at the next annual meeting. Should we implement staggered terms for continuity and fair rotation, or should board members be allowed […]
Read MoreAdditional 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 […]
Read More“New Website Laws on the Horizon” – News-Press
Q: Do the new requirements for associations under Chapters 718 and 720 mandate that their websites must have public-facing pages, or is it sufficient for these websites to only have a password-protected area for members to access the required documents? (R.P., via e-mail) A: Section 718.111(12)(g)1. of the Florida Condominium Act was amended, effective July […]
Read More“Delinquent Assessment Rights Discussed” – News-Press
Q: I recently reviewed communications from our condominium management regarding penalties for unit owners who fail to pay their maintenance fees. I find the penalties to be insignificant and ineffective. I am frustrated that those who don’t pay their share of our expenses seem unaffected and continue to enjoy amenities, making these penalties a real […]
Read MoreThe 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 […]
Read MoreNew 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 […]
Read MoreGuarding 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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