Recently, the Florida Legislature enacted significant statutory changes that impact community association collections and foreclosure actions. The updates to Chapter 718, Chapter 719 and Chapter 720 of the Florida Statutes go into effect on July 1, 2021 and include requirements regarding: Delivering statements or invoices to association members and how that association must notify members […]
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“Difference Between HOA and CDD Explained,” News-Press
Q: What is the difference between a CDD and an HOA? (R.B., via e-mail) A: A Community Development District, or CDD, is an independent special taxing district created under Chapter 190 of the Florida Statutes. A CDD is a type of government entity, usually created at the request of developers of large tracts of land, […]
Read More“The Membership Poll – The Pros, Cons & Confusion of Taking Membership Surveys,” CAI South Gulf Coast Magazine
The line between what an association’s board can legally do as a matter of law and what the board should do as a matter of good practice and policy is often blurred without any practical guidance available for well-intentioned directors who want to do the very best they can for their community based upon very […]
Read More“Is Your HOA Gate Opening To Increased Liability?,” CAI South Gulf Coast Magazine
When a community has an entrance gate, it is almost inevitable that the association will at some point deal with the issue of whether it is responsible for damage to a vehicle which occurred when someone was entering or exiting the gate. The primary question to resolve in assessing liability in such a circumstance is […]
Read More“Responsibility for Tree Branches & Roots,” CAI South Gulf Coast Magazine
Who is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway? Florida common law provides that a property owner (owner of the tree) does not owe a duty to remove or trim tree branches or roots or […]
Read More“Extension of the Mortgage Foreclosure Moratorium,” CAI South Gulf Coast Magazine
Florida ended its statewide protections against COVID-19 pandemic related foreclosures on October 1, 2020. However, the federal government has extended a foreclosure moratorium on the foreclosure of certain mortgages through June 30, 2021. The action was taken shortly after President Biden’s inauguration. Federal protections were due to expire in March of this year. According to […]
Read More“New Law Lays Term Limit Debate to Rest,” News-Press
Q: Is there a legal opinion on the impact of a condominium association’s board term limits due to the emergency declarations and emergency powers granted to association boards? (D.S., via e-mail) A: No. Effective July 1, 2018, the Florida Condominium Act was amended to provide that a board member may not serve more than 8 […]
Read More“The Ins & Outs of Preparing a Condominium Association Budget,” FCAP Managers Report
In many ways, the managing and operating of a condominium association is akin to operating a business. A primary similarity is the importance of careful and accurate financial planning and budget preparation. The board of directors of an association has fiduciary duties to its members. By paying close attention to the legal and technical requirements […]
Read More“How to Handle Unexpected and Dangerous Situations,” FLCAJ Magazine
Florida associations are accustomed to preparing for hurricanes, but disaster plans should also account for other catastrophic events where there is often less advance warning, such as tornadoes, active shooter scenarios, and now global pandemics. Relying on outside crisis experts for guidance is crucial to ensure that your association is prepared to handle an unexpected […]
Read More“Becker Uncovers Collusion Between Florida OIR & Citizens Insurance,” FLCAJ Magazine
Written By Steve Hallo Citizens Property Insurance allegedly overcharged Florida condominium association policyholders for years, according to the Fort Lauderdale, FL., law firm Becker. The firm also accuses the Florida Office of Insurance Regulations (OIR) of partaking in secret communications with the insurer, which resulted in a consent order being issued without a trial or […]
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