Florida Community Association Law Blog
Community Stormwater Systems 101
A homeowner association and a condominium association have a duty to maintain their common property. That duty is generally provided for in Florida Statutes and the express duties are usually set forth in the Declaration of Covenants and Restrictions. For … Read Full Post
Is it a Golf Cart or a Low Speed Vehicle? Florida Community Associations Beware
Nearly all of Florida’s community associations have rules and regulations governing various aspects of community living. It is common for those rules and regulations to include restrictions on vehicle usage, and oftentimes there will be specific restrictions on the use … Read Full Post
Avoid Condominium Common Element Wear And Tear By Restricting Owner And Tenant Dual Usage
With Florida condominiums, excessive wear and tear on the common elements may shorten their useful life and expedite costly repairs and maintenance. This problem may be exacerbated at larger condominium associations when both tenants and owners are using the common … Read Full Post
Avoiding Selective Rules Enforcement For Condo Associations
One of the most challenging aspects of effectively running and operating a condominium association is the constant turnover in board membership and the inconsistency this creates concerning rules enforcement. Most association board seats are up for reelection every one to … Read Full Post
Florida 2019 Legislative Update For Local Governments: Permit Fee Transparency
Over the past few years each legislative session in Florida seems to generate new laws that impose various requirements on local governments. Some are labeled “unfunded mandates” and others are described as an assault on “home rule”. But as bad … Read Full Post
Lease Agreements: Beware of the Lease Renewal Language
Many leases contain renewal language, allowing the lessee to renew the lease term after the original lease term expires. These provisions sometimes contain notice requirements and fulfillment of certain conditions precedent. In some instances, the leases may automatically renew. In … Read Full Post
Florida Condominium Associations: What Is A Nuisance?
What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance? Florida Condominium associations deal with nuisance complaints on a regular basis. The challenge in addressing nuisance issues is defining … Read Full Post
Considerations For Community Association’s Use Of Drones For Covenant Enforcement And Maintenance Inspections
There are benefits to community associations using drones for issues such as covenant enforcement and common area maintenance. The biggest of which is the cost effectiveness and efficiency of using drones instead of individuals to perform these inspections. However, there … Read Full Post
Can A Condominium Impose Special Assessments For Necessary Or Routine Maintenance?
Although it is rarely welcomed by the owners, condo associations are permitted by Florida statute to impose special assessments for necessary and routine maintenance. There are a lot of considerations that come into play in deciding whether special assessments for … Read Full Post
Florida Law On Pre-Turnover And Post-Turnover Community Association Contracts
Community associations are businesses. Not only are they corporate entities, but they collect revenue (i.e., owner assessments) and incur expenses planned for through a yearly budget. Just like any other business, community associations find themselves in unfavorable contractual relationships with … Read Full Post