Becker shareholder Robert Rabinowitz and his client, Barry Heitin, are featured in a New York Times article about how criminals bilked Heitin out of nearly all of his retirement savings. The story unfolds like a Hollywood script and raises a critical question: Were red flags missed by the institutions responsible for protecting Heitin’s assets? Heitin, […]
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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 […]
Read MoreAsk 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 […]
Read MoreHurricane 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. […]
Read More“2024 Legislative Review Continues – Part 2” – News-Press
Today’s column is the fourth installment of our review of 2024 legislation affecting Florida community associations. The first three pieces dealt with changes to the condominium statutes. Today we will wrap up the discussion on changes to the condominium statutes and cover some major changes made to the laws regulating community association managers and management […]
Read More“HB 1203—Changes to the Homeowners’ Association Act” – Florida Community Association Journal
It seems that every year we can count on the Florida legislature making additional changes to the Homeowners’ Association Act (“HOA Act”), and the 2024 legislative session was no different. One of the HOA bills adopted by the legislature is HB 1203. The bill was formally sent to the governor on May 21, 2024. As […]
Read More“2024 Legislative Review Continues” – News-Press
Today’s column is the third installment of our review of 2024 legislation affecting Florida community associations. The first two pieces dealt with changes to the condominium statutes, as will today’s review. Electronic Voting: In a seemingly minor but potentially substantial change, the law now provides that if the board authorizes online voting, the board must […]
Read More“Review of Condo Law Changes Continues” – News-Press
This is the second installment of my annual legislative review for 2024. The first segment looked at changes to the condominium laws regarding director education, mandatory website requirements, new board meeting procedures, and the addition of criminal penalties for certain aspects of condominium statute violations. Today we will look at more changes to the condominium […]
Read More“Annual Legislative Review Begins” – News-Press
2024 was a particularly active year for community association legislation. There were several hundred pages of legislation affecting condominium, cooperative and homeowners’ associations. Community association legislation is often described as “the good, the bad, and the ugly.” 2024 was a notable exception in that not much “good” appears to have been done. Today we will […]
Read More“Owners May Install EV Charging Stations” – News-Press
Q: I recently moved into a condominium that provides electrical outlets at each parking space, and I have been using one of these outlets to charge my plug-in hybrid car. The board informed me that I am not allowed to use the outlet because it is considered a common area, and they do not want […]
Read MoreWinning 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” […]
Read MoreMeetings 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 […]
Read MoreNew 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 […]
Read MoreHB 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.
Read More“New Law Requires Dissemination of Documents” – News-Press
Q: I recently bought a house and became a new member of a homeowners’ association. The association did not give me or my realtor a copy of the association’s rules and covenants before my purchase. Can you explain the new law on this that I was told recently passed? (J.D., via e‑mail) A: Amendments to […]
Read More“It’s That Time of Year Again…Now What?” – Florida Community Association Journal
The snowbirds and spring breakers have all returned home. The weather is warmer, and the days are longer. The summer vacationers have not yet arrived but will soon be here. Unfortunately, this also signifies the potential arrival of a dreaded and uninvited guest: a hurricane. While hurricanes are unpleasant, as with many things in life, […]
Read More“New Requirements for Condominium Association on Inspections of Official Records” – FCAP Managers Report
The Florida Legislature adopted House Bill (HB) 1021, which makes certain changes to the Chapter 718, or the Condominium Act. Assuming the bill is not vetoed by the Governor, it will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but one of […]
Read More“Violation Notices Part of Official Records” – News-Press
Q: Does a member of a homeowners’ association have the right to review a list of properties that have violated the HOA rules, such as landscape plants that are not permitted or exterior house paint colors not approved? (A.C., via e-mail) A: If such a list exists, yes. However, the association is not legally obligated […]
Read More“A Guide to Community Association Governance in New Jersey” – Community Trends
Living in a community association offers an array of benefits – well-maintained common areas, a sense of community, and shared amenities. However, a smooth-running community association relies on a strong foundation built upon a clear and documented framework called the “governing documents.” This framework, however, can be complex and downright overwhelming at times. The governing […]
Read MoreVacation 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 […]
Read MoreDoes a Condominium Have a 115% Cap on Increasing Assessments?
The increase in costs, especially insurance premiums, have been difficult for condominium associations in the past couple of years. I have been asked on many occasions if there is a cap on increasing the budget by more than 115% from the previous year.
Read MoreHomeowner Association Architectural Review Standards
Two of the bills signed into law this month by the Governor modify Florida Statute 720.3035 regulating architectural review. Because of these two pending changes to the law, homeowner’s associations should review their architectural review with their community association attorney.
Read More“Association Contracts” – FCAP Managers Report
Whether your community association is a condominium, cooperative, or a homeowners’ association, Florida law empowers your association to enter into contracts in connection with the maintenance and operation of the community. Often times, your association is all but required to contract with third parties in order to maintain and operate the community, as it does […]
Read More“Estoppel Charges Adjusted for Inflation” – News-Press
Q: I recently requested an estoppel certificate from our homeowners’ association to confirm the dues and fees associated with my property in connection with my selling the home. When I received the bill, the amount charged was higher than the cap mentioned in the Florida Homeowners’ Association Act. Can they legally charge more than what […]
Read More“Law Does Not Require Recording Rules” – News-Press
Q: The board of my association recently passed a new set of rules. Do we have to record these in the county records for them to be enforceable? (G.W., via e-mail) A: The “recording” of a legal document involves filing it with the Clerk of Court in the relevant Florida county. The law does not […]
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