Florida Condominium Law Blog
Maintenance, Repair and Replacement Responsibility Within Your Condominium Association
Damage to condominium property and the inevitable ensuing argument over the party responsible for the cost of repair is a familiar scenario for many association members. Unit owners, board members and association managers are often unsure of which entity is … Read Full Post
Homeowners’ Associations in Florida and the Marketable Record Title Act: Are Your Governing Documents Still Valid?
By: James O. Birr, III Florida homeowner and condominium associations’ governing documents (declaration, bylaws and articles of association) are critical for maintaining order and enforcing rules and regulations. These governing documents are recorded in the public records of the county … Read Full Post
Why Associations and Their Managers Need to Be Wary of Debt Collections Practices and Laws
The fairly recent case of Agrelov v. Affinity Management Services, LLC, Case No. 15-14136, (11th Cir., November 9, 2016), is instructive for associations and their managers with respect to debt collections, and the trouble that associations and managers can get … Read Full Post
Community Association Reserve Funding: Pooled Method vs. Component Method
Reserve funding for certain common element items is required for community associations under Florida law. Specifically, condominium associations must fund reserves for roof replacement, building painting, pavement resurfacing and any other item that has a maintenance expense or replacement cost exceeding $10,000. Fla. Stat. § 718.112(2)(f). For homeowners’ associations, if the developer initially established reserve accounts or the members affirmatively elect to provide for reserves, then the association must fund those reserve items in future budgets. Fla. Stat. § 720.303(6)(b). Read Full Post
Community Association Case Law Update: Selective Enforcement and Violations When Installing Hardwood Floors
Earlier this year the Third District Court of Appeals narrowed two significant unit owner defenses to enforcement actions, selective enforcement and waiver/estoppel when it decided Laguna Tropical, a Condominium Association, Inc. v. Barnave, Case No. 3D16–1531 (Fla. 3d DCA January 25, 2017). For more on the doctrine of Selective Enforcement, please review our October 2014 blog posting. Read Full Post
What Community Associations Should Know About the Fair Housing Act
Community association board members and managers are often so preoccupied ensuring compliance with state and local laws that they can sometimes overlook controlling federal law. Multiple federal statutory acts can apply to community associations in any given situation and overlooking those federal laws can have costly consequences. One such area of federal law that governs every community association at all times is the Fair Housing Act (“FHA”). Read Full Post
When Does the Americans With Disabilities Act Apply to Community Associations?
Community association board members and managers are often so preoccupied ensuring compliance with state and local laws that they can sometimes overlook controlling federal law. Multiple federal statutory acts can apply to community associations in any given situation and overlooking those federal laws can have costly consequences. One such area of federal law that might govern your community association is the Americans With Disabilities Act (“ADA”). Read Full Post
Turnover: Transitional Considerations for the Homeowners’ Association
Part one of this blog discussed turnover in its initial stages: the events that trigger turnover and the files and papers the developer is required to produce to the homeowners’ association at the time of turnover. Once an association has completed those steps, the board must then turn to critical business and make crucial decisions for the association. Associations and their boards should bear in mind the following issues as they go through turnover and immediately thereafter. Read Full Post
What Condominium Owners Should Know About Developer Turnover of the Association: Part II
During the construction and initial sales of units within a condominium association, the developer will manage the association’s operations and governance. This means the developer controls the association’s board of directors. Once the development is constructed and a certain percentage of units are sold, then turnover of control of the association to the unit owners must occur. What follows is Part II of what every condominium owner should know about developer turnover of the association. Read Full Post
What Condominium Owners Should Know About Developer Turnover of the Association: Part I
During the construction and initial sales of units within a condominium association, the developer will manage the association’s operations and governance. This means the developer controls the association’s board of directors. Once the development is constructed and a certain percentage of the units are sold, then turnover of control of the association to the unit owners must occur. What follows is an overview of what every condominium owner should know about developer turnover of the association. Read Full Post