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
Every now and then, the courts of our state issue an opinion in a case involving a condo or HOA that is very important and certainly worth mention. On June 1st, the 4th District Court of Appeals issued a decision in Pundit 2 Joint Venture v. Westwood Gardens HOA that does not bode too well for some…
Read: HOW ONE ASSOCIATION LOST BIG BY FAILING TO UPDATE THEIR DOCS. → Many of you may have seen the news again this week concerning allegations that another licensed community association manager misappropriated over $220,000.00 from a condominium association in Hollywood. Click here if you missed it:…
Read: CHECK YOUR CHECKS → In three days from now we are supposed to sit around the table stuffing turkey down our throats while reflecting on all the things we should be thankful for. The easy ones are family and good health. Some might also be thankful for a new job, new car, new President or good grades by your kids. How many of…
Read: ARE THERE THINGS TO BE THANKFUL FOR IN YOUR COMMUNITY-PART 2? → This is a story about John and Jane. John lives in a condominium in Miami and Jane lines in an H.O.A. in Central Florida. Election season is approaching quickly in both of their communities. While it may seem at first glance that all things are equal…….that is certainly not the case. The election in John’s…
Read: A TALE OF TWO ELECTIONS-PART 2 → This year’s legislative session is boring to say the least, when it comes to pending community association legislation. There is one bill however, Senate Bill 736, which is generating a lot of noise. In sum, when someone is selling a home or a condo unit, it is imperative for the buyer to obtain what is…
Read: THE FIGHT FOR EVEN MORE OF YOUR MONEY → It seems like no matter how early, or on what day of the week we hold our Board Certification seminars for both condominium and HOA members, the classes are packed to the rafters. There’s often times complaints about communities going to hell because of unit owner apathy. When you see a room full of…
Read: BOARD MEMBER APATHY → Last week’s blog spoke yet again about the rise in condo and HOA crime. It’s escalating and people are tired of it. The number of responses to the blog and “hits”were overwhelming. In fact, JanisLentz said: Help is on the way! The proposed FL House and Senate versions of HOA Reform 2015 bills… will…
Read: HALSEY WHO? → So you just bought your new condo unit or home and you want to make the place look great. Or, you have been living in your unit or home for what seems like forever and it’s time for one of those complete makeovers. How far can you go without getting association approval, and/or approval from your local…
Read: JUST BECAUSE IT’S YOUR HOME OR UNIT DOESN’T MEAN IT’S YOURS TO DO AS YOU PLEASE → It’s the end of the summer. I watched my kids suck it up this week, pack their school bags and head off to school to return for another year of learning. Millions of kids across our state did the exact same thing. And if they can do it five days a week for the next ten months, each of you can do it for a…
Read: BACK TO SCHOOL TIME-PART 1 → Last week, we spoke about how difficult it is to obtain personal liability against an individual director of a community association. The plaintiff would basically need to show a crime, fraud or self-dealing. What about when the directors make decisions that may ultimately be incorrect but were made in…
Read: THE FLORIDA BUSINESS JUDGMENT RULE → Let’s say your condominium building needs a paint job. It just so happens that the President of the association is the owner of a general contracting firm. He tells the Board to stop racking their brains trying to find a company. He promises to have his company do the job right. He will certainly give…
Read: SHOULD THE BOARD HIRE A BOARD MEMBER'S COMPANY? → Funny how things work sometimes. Over the past 23 years, I have noticed an interesting pattern in Florida community associations. When money is tight and foreclosures are soaring, associations are far less likely to engage in litigation. Suddenly, nobody really cares what color someone painted their house…
Read: YOU MAY WANT TO WAIT BEFORE YOU LITIGATE → Ijust researched why golfers often times yell the word “FORE” when they’re about to hit a golf ball. It’s basically done as a warning to others to be on the lookout. It’s also very appropriate to yell to people who own or who are looking to own in community associations that mandate golf course membership.…
Read: FORE! → Over the last several years, the issue of delinquencies in our Florida community associations became worse and worse. The more people didn’t pay, the more the good paying owners had to pay. The more bank foreclosures, the less the association was receiving in badly needed revenue. The real solution to the…
Read: FINALLY - A REMEDY THAT WORKS FOR ASSOCIATIONS → (4) MANDATORY NONBINDING ARBITRATION AND MEDIATION OF DISPUTES.—The Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation shall employ full-time attorneys to act as arbitrators to conduct the arbitration hearings provided by this chapter. The…
Read: FLORIDA STATUTE 718.1255 → When I teach the topic of association records at our Condo Craze Board Certification seminars, I try to make the topic pretty simple. In sum, if the record relates in any way to the operation of the association, it is an official record of the association and must be maintained. Arbitration cases have…
Read: NO…………. YOU CAN'T SEE EVERY OFFICIAL RECORD. → On today’s radio show, a woman complained that in her HOA, there is never a quorum that appears at the annual meeting and therefore the same board remains in place year after year. Remember…in an HOA, in order to have a valid election, a quorum must appear at the annual meeting. In a condo on the other…
Read: ARE TERM LIMITS A GOOD THING OR A BAD THING? → After doing this for 22 years now, I don’t get surprised that often any longer by anything that takes place in the world of condos and HOAs. This week however, I was quite surprised. Twice in the same week, community association managers brought it to my attention that companies that do business in South…
Read: CAMs: Avoid That Temptation at all Costs →Read it. Then watch it.
