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
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 → Each year I love to write about how Labor Day should apply to everyone, especially to those people who voluntarily serve as officers and directors in our Florida community associations. If anyone deserves a day of recognition and a day to sit back, kick off their shoes and soak in the sun, it’s these…
Read: A LABOR DAY TRADITION. → 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 → 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 → In all my years of practice, I can tell you that the debate over whether emotional support animals should be entitled to occupy a no-pet condominium ranks as high as any other issue in terms of how hard people are willing to fight for their beliefs. I also learned that some dog owners would spend more…
Read: CAN SUPPORT ANIMALS BE PREVENTED FROM LIVING AT YOUR NO PET CONDO? Part 1 → 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! → I’m always asked what can be done to prevent our community from completely turning into a rental community. The answer differs depending upon whether or not you live in a condominium or an HOA. Here is the case that settled the issue in a condominium: In Woodside Village Condominium Association, Inc. v.…
Read: RESTRICTING RENTALS? CAN IT BE DONE? → The three of us were certainly flattered by how many people read and participated in our blog discussion last week regarding The Miami Herald’s expose’ into condo fraud in South Florida. Those of you who live in HOAs must be wondering why the findings were limited to condominiums and not expanded to include…
Read: WELL WHAT ABOUT HOAs and WHAT DO WE DO ABOUT VOTER FRAUD? → Over the past week or two, The Miami Herald has been running a few articles about wrong doing in certain condominium associations in South Florida. The writer almost seems amazed that there are apparently ballots being cast with fake signatures and that in some condominiums voter turn-out exceeds 100%. Now…
Read: HOW MUCH MORE PROOF DO YOU NEED? → Let’s pretend it’s the night of your annual meeting. It’s time to verify the signatures and count the ballots. Someone reminds the attorney not to count the votes of any owners who are more than 90 days delinquent. Are they right? Maybe…. I would first argue that without the Kaufman or “as amended from…
Read: SOME OTHER CONFUSING VOTING ISSUES → Last week we discussed how Board members can be removed from the Board for failing to pay their assessments. We also know that unit owners can be prevented from voting for failing to pay their assessments. They can also be banned from using portions of the common areas and can be prevented from running for…
Read: THE AS AMENDED FROM TIME TO TIME LANGUAGE REVISITED → We all know that there are no professional qualifications that are required in order to become a Board member. You don’t need any type of degree or license. You don’t need any prior experience of any kind in business. There are no tests to take. However, there are still some provisions of the Florida…
Read: ARE YOU QUALIFIED TO BE A BOARD MEMBER? →Read it. Then watch it.
