MANAGEMENT COMPANIES THAT WANT TO DO IT ALL
Over the years there has been a rise in management companies that want to do more than just manage the accounting and official records of...
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Written by Eric M. Glazer · Florida attorney
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FLORIDA’S CONDO AND HOA ELECTION LAWS ARE BETTER THAN THE ELECTION LAWS FOR OUR STATE AND FEDERAL OFFICERS
tried to avoid posting any blog about the embarrassment that is Broward County’s election system. I almost made it. One interesting...
Read more → 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 more → 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 more → 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 more → 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 more → DO YOU NEED TO RECORD YOUR RULES AND REGULATIONS?
We all know that if you live in a condominium, your declaration of condominium and all amendments need to be recorded in the public records in the county where the condominium is located. If you live in a homeowner’s association, your declaration of covenants must be recorded. Your bylaws should also be…
Read more → 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 more → WHAT ARE CATEGORY ONE AND CATEGORY TWO RESTRICTIONS?
Over the past two weeks, we have been discussing the power and authority of Boards to pass rules and regulations. We discussed the fact that a board may have gone too far in making a rule as they really did an unauthorized amendment to the declaration. The question for today’s blog is what makes the rule…
Read more → DO BOARDS HAVE UNLIMITED AUTHORITY TO MAKE RULES?
Inherent in the condominium concept is the principle that to promote the health, happiness, and peace of mind of the majority of the unit owners since they are living in such close proximity and using facilities in common, each unit owner must give up a certain degree of freedom of choice which he might…
Read more → SHOULD RESERVES BE MANDATORY?
Ihate beating around the bush, so I want to get to the point. A financial crisis is coming and it’s going to be a big one. It’s also going to hit those that can least afford it. It’s going to result in massive amounts of foreclosures. It’s going to result in countless cases of elderly persons being…
Read more → 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 more → 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 more → 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 more → 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 more → SO WHAT ACTUALLY GETS INSURED?
So you did your job as a director and you made sure to purchase insurance for the association. So what is actually insured? Florida Statute 718.111 says: f) Every property insurance policy issued or renewed on or after January 1, 2009, for the purpose of protecting the condominium must provide primary…
Read more → 55 AND OVER COMMUNITIES – HOW TO BECOME ONE AND STAY ONE
Let’s assume that a storm has just damaged your condominium. Of course, the board has the authority to start making repairs to the common elements. But can a unit owner beging making repairs to their damaged unit with no questions asked? Florida Statute 718.111 states: A unit owner may undertake…
Read more → THE PERFECT TIME FOR AN INSURANCE PRIMER
Hurricane season starts June 1st. If you haven’t ensured that the association property is properly insured, you better get busy. And fast. Let’s go over what the condo statute says about a board’s obligation to insure the condominium property. Florida Statute 718.111(11) states: (a) Adequate property…
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