Florida Community Association Law Blog
Prohibitions Against “SLAPP” Suits: What Associations and Their Managers Need to Know
Both the Florida Homeowners’ Association Act and the Condo Act contain prohibitions against so-called “SLAPP” suits; SLAPP stands for “Strategic Lawsuits Against Public Participation”. The condominium anti-SLAPP suit statute is found at §718.1224 and the homeowners’ anti-SLAPP suit statute is … Read Full Post
Case Law Update: What a Recent Appellate Decision Can Tell Associations Seeking Their Attorney’s Fees for Litigation
Florida’s Third District Court of Appeals recently handed down a decision in the matter of Gonzalez v. Int’l Park Condominium I Association, Inc. that is instructive for associations and their attorneys when associations become involved in litigation and seek payment … Read Full Post
Is Your Master Community Association Actually a Condominium Association Under Florida Law?
The evolution of planned development communities within the State of Florida has been quite fascinating. Nowadays, the development of massive communities with abundant and extravagant amenities, numerous planned phases and multiple overlapping associations is common. Some communities have multi-condominium associations; … Read Full Post
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?
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 where the association community resides. … 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 … Read Full Post