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 […]
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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 […]
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 […]
Read MoreAdditional 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 […]
Read More“Is Your Community Association Ready to Fine or Suspend?” – FCAP Managers Report
Whether your association is a condominium, a cooperative, or a homeowners’ association, chances are that, at one point or another, it has had to deal with a resident who just can’t seem to abide by your governing documents. We all have had that one neighbor who insists on blaring music at odd hours of the […]
Read More“Free Speech is Not Always Free” – News-Press
Q: Can an owner of a condominium association exercise free speech to protest issues with their condominium association? (J.D., via e-mail) A: That is a complicated legal question. The First Amendment to the United States Constitution only prohibits the federal government from abridging free speech rights. That protection is extended to the States and their […]
Read More“HOA Deadline Approaching/Publication of Rules and Covenants” – News-Press
Q: I am on the board of our homeowners’ association. I have been reading about all the new required actions our board is supposed to take. One of the new changes deals with sending our documents out. Can you clarify what we are supposed to do? (S.F., via e-mail) A: Pursuant to Section 720.303(15) of […]
Read MoreUtility 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, […]
Read More“Electronic Voting in Elections Now Common” – News-Press
Q: Our small condominium association (27 units) has a number of unit owners who are either foreign nationals, primarily residing abroad, or marine industry folks working offshore for months at a time. It is hard for them to vote in our board elections. Must condo board election ballots only be cast by traditional, hardcopy “snail-mail” […]
Read More“Board Meeting Absences Questioned” – News-Press
Q: One of the board members of our homeowners’ association has attended only one meeting in the past year and has not provided any reasons for their absences. I found no clear guidelines in our association’s documents on how to handle such situation. Our board president is content to tolerate the absences. Are there any […]
Read MoreMy 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 […]
Read MoreIf 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 […]
Read MoreMaking 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, […]
Read More“Architectural Review in Homeowners’ Associations” – FCAP Managers Report
Architectural restrictions are one of the many reasons people purchase homes governed by homeowners’ association as they serve to preserve an aesthetic quality to the community and the value of the homes in the community. However, architectural restrictions are also historically a great source of contention between the Board or architectural review committee and the […]
Read More“Marketable Record Title Act Requires Action By HOA” – News-Press
Q: I am a member of a homeowners’ association that was established with governing documents written and recorded in 1994. Recently, I received a packet for an upcoming association meeting, which included an item on the agenda about renewing our governing documents under the Marketable Record Title Act. This packet also included a notice informing […]
Read More“Exactly What Must Be Included in the Notice of Late Assessments?” – FCAP Managers Report
As most of us are by now familiar with, in 2021 the Florida legislature enacted significant statutory changes to Chapters 718, 719, and 720, requiring a new notice to delinquent owners that must be mailed by an association before demanding payment of attorney’s fees related to the collection of unpaid assessments. Since July 1, 2021, […]
Read More“Wrap Up of 2024 Legislative Review” – News-Press
Today’s column is the seventh and final installment of our review of 2024 legislation affecting Florida community associations. Today, we will continue our review of some major changes made to the laws regulating homeowners’ associations, with a focus on new rules on architectural changes, governing document disclosures, hurricane protection requirements, as well as some miscellaneous […]
Read More“There is More to S2760” – Community Trends
Most people in the community association world are now aware of New Jersey’s Senate Bill S2760, commonly known as the Structural Integrity and Reserve Act (“Act”). This legislation introduces crucial provisions for condominium and cooperative buildings, addressing structural integrity, mandating periodic inspections, and improving reserve funding requirements. As community associations prepare for the transition from […]
Read More“2024 HOA Law Changes Explored” – News-Press
Today’s column is the sixth installment of our review of 2024 legislation affecting Florida community associations. Today, we will continue our review of some major changes made to the laws regulating homeowners’ associations, with a focus on new rules on fines by HOA’s and new regulations on pickup trucks. Fining and Suspension of Use Rights: […]
Read More“2024 Legislature Makes Significant HOA Changes” – News-Press
Today’s column is the fifth installment of our review of 2024 legislation affecting Florida community associations. The first four pieces dealt with changes to the condominium statutes and rules for community association managers and management companies. Today, we will begin our review of some major changes made to the laws regulating homeowners’ associations. Mandatory Websites: […]
Read MoreAdditional 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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