Florida condo & HOA news
Plain-English Florida condo and HOA law updates for owners, volunteer board members, managers, and everyone navigating community-association life.
Read the latest articles ↓From the front lines
Written by Eric M. Glazer · Florida attorney
Each and every year, without fail, the Department of Business and Professional Regulation is deluged with arbitration petitions filed against condominium associations, alleging that the association failed to properly conduct its elections. Knowing some basic law can go a long way toward finding your…
Read: AVOID DRAMA AT YOUR CONDOMINIUM ELECTION-PART 1 → Ialways get lots of e-mails from people complaining that the Board is spending their monies wildly and out of control, for things they don’t want, don’t need and for which there was no mention in the association’s budget. As we know, the Board must pass a budget to pay the association’s “common expenses.”…
Read: CAN THE BOARD SPEND YOUR MONEY ON ANYTHING THEY WANT? → As you all know by now, condo and HOA directors must get certified within one year prior to getting elected or appointed to the board or within 90 days of actually getting elected or appointed to the Board. They can do so in one of two ways. The first way is the chicken’s way out and quite frankly is an…
Read: JOIN US ON NOVEMBER 15TH → There’s plenty of talk this election season about water and energy conservation. There’s even a proposed constitutional amendment in Florida which would guarantee the right to use solar power in your home. Up until now, has Florida law encouraged us to conserve water, conserve energy or given any…
Read: DOES THE LAW ENCOURAGE OUR COMMUNITY ASSOCIATIONS TO CONSERVE WATER AND ENERGY? → Normally, when we talk about lawsuits in this blog, it’s between unit owners and their associations. Not this week. Today, learn about a lawsuit filed by the arbitrators that decide your cases against their employer, The Department of Business and Professional Regulation. Read about what the DBPR did…
Read: IN HOUSE FIGHTING AT THE DBPR LET YOUR VOICE BE HEARD – BEFORE IT’S TOO LATE → Well….. after eleven years, our luck ran out. We finally rolled a seven. We had a great run though. Unfortunately, it’s now time to deal with the disaster and clean up the mess. I can tell you one thing for sure and for certain. Those associations that put away money for a rainy day will recover a lot…
Read: HURRICANE HEADACHES → Last week’s Labor Day blog was devoted to those officers and directors who truly give their heart and soul to the communities they serve. In my 25 years of practicing law I have been privileged to represent many such a devoted person. But then there’s the flip side…. What do I mean by the flip side? I…
Read: AND NOW THE FLIP SIDE → Ireally wish I didn’t have to write this particular blog this week. It’s about another HOA President who helped herself to the association’s funds when she thought she wouldn’t get caught. And if not for the hard work of a particular resident of the community, she might have been right. Three years after…
Read: ANOTHER DIRECTOR CONVICTED. THIS TIME IN BROWARD → Lots of associations have the right to screen and reject proposed renters of homes and units in their communities. I previously blogged about a new Dade and Broward ordinance that forces associations to act quick when purchasers or renters file an application with the association. The association has 15…
Read: ASSOCIATIONS MUST ACT QUICK WHEN A SERVICE MEMBER WANTS TO MOVE IN → Let’s narrow the issues right off the bat. You only need to keep reading if your building is 75 feet or more in height, measured from the lowest level of fire department vehicle access to the floor level of the highest occupiable story. If your condominium does not fit into this category, if you already…
Read: TICK TOCK – TIME IS RUNNING OUT TO OPT-OUT OF THE FIRE SPRINKLER REQUIREMENT → Great response from our readers to Part 1 last week. Now let’s talk about the applicable laws and some do’s and don’ts. For most community associations in Florida, the primary laws that deals with this issue are the Federal and Florida Fair Housing Acts, not the Americans With Disabilities ACT, or A.D.A…
Read: SERVICE ANIMALS AND EMOTIONAL SUPPORT ANIMALS–PART 2 → It’s President’s Day today. Time to honor Washington, Adams, Jefferson, Lincoln and all the other Presidents. Let’s not forget Smith, Cohen, Jones, Martinez and Miller. I know the last few names on the list weren’t Presidents of The United States. I haven’t totally lost my mind….yet. But surely, these…
Read: IN HONOR OF PRESIDENT'S DAY → Iwon a pretty interesting arbitration case last week. It’s an example of how a Board’s unwillingness to listen to reason, wound up needlessly costing all of the members some money. It’s a perfect example of how it’s possible to both win and lose at the same time. Here are the facts: On September 22nd, 2015…
Read: AN ASSOCIATION GETS WHAT IT DESERVES → Contracts Clause Application in an Ever Changing Legislative Landscape When representing a Florida condominium association, one interacts with many laws and other sources of authority. These include Chapter 718 of the Florida Statutes (Florida’s Condominium Act) and Chapter 617 of the Florida Statutes (the…
Read: Florida Community Association Law → Basically, every year, The Florida Legislature passes laws that effect condominiums and Homeowner Associations. You may be surprised to learn however that just because these laws are passed by The Florida Legislature, it doesn’t mean that these laws automatically apply in your community association. The…
Read: DO YOUR GOVERNING DOCUMENTS CONTAIN THE MAGIC LANGUAGE? → Great article by The Miami Herald this week regarding the fact that condo associations across the state are ripping people off by charging illegal and excessive transfer fees when someone is trying to sell or rent their unit. For those of you who missed it, here is the link:…
Read: TRANSFER FEES – WHY ALL THE CONFUSION? → Despite the fact that legislative progress has been made in getting owners access to association records, there is still confusion as to whether or not associations and/or management companies can charge an owner for such access and for photocopies of the records. Let’s address the law for both condominiums…
Read: ACCESS TO RECORDS – SO IS THERE A COST OR NOT? → Last week we blogged about the association’s ability or perhaps inability, to limit the number of rentals in the community. We also discussed the differences between the condominium statute and the HOA statute regarding same. This week, let’s focus on a related topic, short term rentals. Most governing…
Read: THAT’S NOT MY TENANT ---- THAT’S MY FAMILY! →Read it. Then watch it.
