WHEN IS A MEETING A MEETING? ARE YOU SURE?
Sometimes you just have to shake your head in amazement at some of the laws that exist. Here’ an example: We all know that a “Meeting of...
Read: WHEN IS A MEETING A MEETING? ARE YOU SURE? →Florida condo & HOA news
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Written by Eric M. Glazer · Florida attorney
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WHERE DO WE START? IN COURT? MEDIATION? ARBITRATION?
If there is one discrepancy between condominium and homeowner association law that makes absolutely no sense, it’s the laws regarding...
Read: WHERE DO WE START? IN COURT? MEDIATION? ARBITRATION? → DID YOU GET IT IN WRITING
We have all been in circumstances where someone promised something, reneged on that promise and we wished we had the original promise in writing. “Getting it in writing” can also be crucial in the condominium and HOA context. Several years ago our firm successfully argued the case of Curci Village…
Read: DID YOU GET IT IN WRITING → LITIGATION LIMITS
We all know that condominium and homeowner associations sue and get sued all the time. Are there any specific obligations to inform the unit owners that the association has filed suit? Are there any specific obligations to inform the owners or potential buyers that the association has been sued? Believe…
Read: LITIGATION LIMITS → MAKING YOUR COMMUNITY A FRIENDLIER PLACE
Today is my 51st birthday. I’m also in London at the moment taking in the sights with the family. We’ll also get to see Paris, Amsterdam and Bruges. A fun and exciting week lies ahead. And then, it’s back home to the HOA that I live in and the condominium association I work in. Today, I’m obviously in…
Read: MAKING YOUR COMMUNITY A FRIENDLIER PLACE → WHEN AN OFFICER OR DIRECTOR’S CONDUCT CROSSES THE LINE
Florida Statute 718.111(d) states: An officer, director, or agent shall discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner he or she reasonably believes to be in the interests of the association.…
Read: WHEN AN OFFICER OR DIRECTOR’S CONDUCT CROSSES THE LINE → CONDOMINIUM AND PLANNED DEVELOPMENT LAW RECEIVES SPECIAL RECOGNITION
With the thousands of condominium and HOA communities built in the last two decades or so, it was inevitable that The Florida Bar would, and has now officially, recognized Condominium and Planned Development Law as an area of the law where practicing attorneys can distinguish themselves by becoming Board…
Read: CONDOMINIUM AND PLANNED DEVELOPMENT LAW RECEIVES SPECIAL RECOGNITION → THE TURNOVER PROCESS: SIMPLIFYING THE PROCESS - REDUCING THE FEAR
New condominiums and HOA communities continue to get built all over the state. The developer gets to control the community while the place is being built and sold, but perhaps the most critical time period in the entire existence of either a condominium or homeowner’s association is when that control of the…
Read: THE TURNOVER PROCESS: SIMPLIFYING THE PROCESS - REDUCING THE FEAR → TURNOVER – PART 2
Last week, we discussed when turnover from developer control to unit owner control is triggered. Relinquishing control of the Board of Directors is not the only responsibility of the developer at the time of turnover however. What Documents Must Be Turned Over by the Developer at Turnover? Generally…
Read: TURNOVER – PART 2 → 55 AND OVER COMMUNITIES – HOW TO BECOME ONE AND STAY ONE
Yesterday was a big day. I turned 50. It’s a time to not only reminisce about the past, but also a time to think about the future, and retirement and whether or not a “retirement community” or “55 and over” community is in the future. So, what actually is a “55 and over” community? Generally speaking,…
Read: 55 AND OVER COMMUNITIES – HOW TO BECOME ONE AND STAY ONE → WHO SAYS NOBODY CARES?
Iwrite this blog the day after I did my last seminar of the season. Starting from about September to now, I’ve taught all over the state in so many wonderful cities and venues. At all of these seminars there’s always talk about apathy in our communities. Nobody cares. Nobody shows up to meetings. Nobody…
Read: WHO SAYS NOBODY CARES? → YOU MAY BE CHEATING YOURSELF OUT OF MONEY
All of you know how terrible the condo and HOA statutes are in terms of the association’s ability to collect unpaid assessments when a bank forecloses on a unit or home. If the bank gets back a unit in foreclosure, they owe the association the lesser of 1% of the mortgage or 1 year of assessments.…
Read: YOU MAY BE CHEATING YOURSELF OUT OF MONEY → HERE THEY ARE………..THE NEW ASSOCIATION LAWS FOR 2018
Some years are quiet when it comes to the passage of new laws affecting Florida community associations. This was definitely not one of those years. Here are the new laws in summary form as a result of the passage of HB 841. 718.111 —- OFFICIAL RECORDS: The law now makes it clear that the association must…
Read: HERE THEY ARE………..THE NEW ASSOCIATION LAWS FOR 2018 → BUT…….IT’S NOT THE ASSOCIATION’S MONEY!
Boards of Directors love to have extra money in the bank. Who doesn’t? But the question is…… when is enough enough? Boards of Directors are required to simply pass a budget that pays the association’s bills. Anything collected, above and beyond what pays the bills is “Common surplus” which means the…
Read: BUT…….IT’S NOT THE ASSOCIATION’S MONEY! → OH WHAT A NIGHT!
On Friday morning it looked pretty bleak in terms of whether there would be any new condo and HOA laws passed this year. Friday, after all, was the last day of the legislative session and the bill, HB 841, seemed to have stalled in Florida’s Senate. By law, the legislative session was required to be over by…
Read: OH WHAT A NIGHT! → A DIVIDED BOARD OR A UNITED BOARD?
With all of the negative press out there regarding condo and HOA boards, one would get the impression that all board members are united in their effort to accomplish a pre-planned agenda that serves the board members’ interests instead of the community interest as a whole. The truth is often times very…
Read: A DIVIDED BOARD OR A UNITED BOARD? → EXPAND OR CONTRACT THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION?
Exactly a year ago now the now infamous Miami-Dade Grand Jury report came out that exposed some glaring issues with the DBPR and their role in Florida condominiums. Here is a segment from that report: The Select Committee heard numerous speakers at its hearings express their frustration with DBPR “delay and…
Read: EXPAND OR CONTRACT THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION? → SO HOW ARE WE GOING TO DEAL WITH ELECTRIC CARS?
This week I am very proud to announce that our office drafted legislation that truly brings Florida into the 21st century. It is still being tweaked by others with input, but it seeks to address an issue that we will need to deal with on a large scale, sooner than later, and that is electric cars. Many…
Read: SO HOW ARE WE GOING TO DEAL WITH ELECTRIC CARS? →Read it. Then watch it.