Under Florida law, condominium association (“CA”) board of directors members and homeowners’ association (“HOA”) board of directors members owe fiduciary duties to their associations and the unit or home owners they serve. This generally means that directors must place the interests of the association above their own self-interest and take […]
Stormwater management systems if managed correctly can greatly enhance the value and safety of a community. As community associations managers and governing boards are well aware, however, stormwater management systems can be expensive, and their operation and maintenance highly contentious. This blog provides an overview of what a stormwater management […]
In 2018, the Florida Legislature amended section 718.113 of the Florida Statutes to include a provision requiring that condominium associations allow unit owners to install electric charging stations in limited common element parking areas assigned to each unit owner. The statute does not apply to common element parking spaces. What’s […]
On December 22, 2020, the United States Environmental Protection Agency (EPA) delegated to the Florida Department of Environmental Protection (FDEP) the authority to issue Section 404 federal Clean Water Act (CWA) permits for dredge and fill activities in certain waters within Florida. The state’s assumption of responsibility over Section 404, […]
The first COVID-19 related Emergency Order from Florida’s Department of Business and Professional Regulation (“DBPR”) was issued on March 16, 2020 (“2020-01”). Now, nine (9) months later and there is another spike of COVID-19 infections across the country. As COVID-19 infections spike, board members of Community Associations across the state […]
Under Florida law, condominium associations have the ability to assess unit owners for their proportional amount of the costs and expenses for maintaining and operating the condominium property. The ability of condominium associations to collect assessments from unit owners is provided for in Chapter 718, Fla. Stat., and in the […]
The board of directors of community associations are responsible for making important decisions affecting the community and its members. As a result, disputes sometimes arise between the association and its members. In the event the dispute evolves into a lawsuit, the business judgment rule will protect directors from personal liability […]
web polls JavaScript is disabled! Each year the Florida Legislature proposes amendments to various sections of the Florida Statutes, and some of those proposed amendments involve community association governance. Florida Governor DeSantis recently signed several proposed bills into law that took effect on July 1, 2020, and some of which […]
The State of Florida is slowly but surely opening back up after closures from the COVID-19 pandemic. Governor DeSantis’s Stay at Home Order expired on April 30th, and Executive Order 20-112, effective May 4th, was enacted as Phase I in the reopening process. Both State and local governments have been […]
Previously, I published a blog reviewing when turnover occurs for a homeowners’ association only. At first blush, one may conclude that condominium associations and homeowners’ associations would have the same or nearly identical requirements for when turnover occurs. However, the truth is quite opposite. Florida condominium association are governed by […]