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2017 Legislative Update for Florida’s Community Association Laws: Part III

August 17, 2017 Community Association Industry Legal Blog

On July 1st, the 2017 amendments to the Florida Statutes affecting community associations became effective.  The 2017 legislative amendments to the Condominium Act and Homeowners Association Act are substantial.  This post is Part III in a blog series detailing these legislative amendments, and focuses on changes to the law concerning […]

2017 Legislative Update for Florida’s Community Association Laws: Part II

August 9, 2017 Community Association Industry Legal Blog

The 2017 legislative amendments to the Condominium Act and Homeowners Association Act are substantial.  On July 1st, the 2017 amendments to the Florida Statutes affecting community associations became effective.   This post is Part II (click here for part I) in a three-part blog series detailing these legislative amendments and focuses […]

Prohibitions Against “SLAPP” Suits: What Associations and Their Managers Need to Know

August 3, 2017 Community Association Industry Legal Blog

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 codified at §720.304(4).  While these statutes are important for associations […]

Case Law Update: What a Recent Appellate Decision can Tell Associations Seeking Their Attorney’s Fees for Litigation

July 26, 2017 Community Association Industry Legal Blog

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 of their fees from the home or unit owner. The […]

Is Your Master Community Association Actually a Condominium Association Under Florida Law?

July 18, 2017 Community Association Industry Legal Blog

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; some have a combination of townhomes, single family HOAs and […]

Maintenance, Repair and Replacement Responsibility Within Your Condominium Association

June 14, 2017 Community Association Industry Legal Blog

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 responsible for the maintenance, repair and replacement of certain items […]

Homeowners’ Associations in Florida and the Marketable Record Title Act: Are Your Governing Documents Still Valid?

June 1, 2017 Community Association Industry Legal Blog

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.  The purpose of recording these documents is to provide notice […]

Why Associations and Their Managers Need to be Wary of Debt Collections Practices and Laws

May 24, 2017 Community Association Industry Legal Blog

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 themselves into when trying to collect on outstanding assessments. In […]

Community Association Reserve Funding: Pooled Method vs. Component Method

April 14, 2017 Community Association Industry Legal Blog

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).

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