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
It’s that time of year again when The Florida Legislature convenes in order to debate and pass new laws. There’s always at least a few bills that have something to do with our Florida community associations. Over the next few weeks, we will discuss the bills that have been filed, track their progress and…
Read: THE LEGISLATURE IS NOW IN SESSION → In Woodside Village Condominium Association, Inc. v. Jahren 806 So.2d 452 (Fla. 2002) The Florida Supreme Court heard the story of a unit owner who owned 4 units in a condominium and who basically lost the ability to rent those units because the unit owners voted to amend their declaration of condominium…
Read: DO YOU HAVE THE RIGHT TO RENT YOUR UNIT? DEFINITELY MAYBE → It seems as if the foreclosure crisis is certainly not as bad as it once was, even though Florida is still the worst state in the nation, with approximately one in every 346 homes in foreclosure. The percentage of delinquencies in our community associations are certainly down from where they were just a…
Read: COLLECTIONS LAW UPDATE → Afew weeks ago, we blogged about how to run a successful annual meeting. I not so jokingly said the best way to make the meeting run smoothly was to order food. Lots of it. I also made it clear not to serve liquor. I wasn’t joking about that either. As many of us know, liquor tends to fuel the emotions and…
Read: A SUCCESSFUL ANNUAL MEETING – PART TWO – CURBING THE VIOLENCE. → The summer is here and in Florida that often times equates to lots and lots of empty condominium units because the owners have returned up north. Just because you leave your Florida condominium for a few months however does not mean that your responsibility to maintain your unit stops once you hit the…
Read: COLLECTIONS LAW UPDATE → Two years ago, you may remember that a Miami Dade Grand Jury issued a scathing report about condominium board members in Miami Dade County. In sum, the report concluded that they’re basically all a bunch of thieves who get on the board with evil intentions including purposely diverting the association’s…
Read: DIRECTORS ARE IN THE CROSS HAIRS YET AGAIN → Sometimes, a unit owner will take the position that the association can’t take certain action against them because they have “vested rights.” At least in their mind, the owner thinks that a certain right they have can’t be taken away from them, can’t be modified and can’t be messed with in any manner. Here…
Read: SO WHAT ARE VESTED RIGHTS → The right to rent your unit has undergone some change over the years. It all started in a landmark case called Woodside v. Jahren which was ruled upon by The Florida Supreme Court in 2002. A condominium in Clearwater amended its declaration of condominium to suddenly prohibit the rental of your unit to no…
Read: THE RIGHT TO RENT – THERE’S MORE TO KNOW THAN YOU THINK → In the world of community associations, this is a pretty important time of year. In most associations, the fiscal year ends on December 31st. The condo, HOA and co-op statutes provide: Within 90 days after the end of the fiscal year, or annually on a date provided in the bylaws, the association shall…
Read: COMMUNITY ASSOCIATIONS --- IT’S TIME TO REPORT! → We have blogged before about the battle brewing in Tallahassee between Community Association Managers and The Florida Bar. In fact, we are awaiting a decision from The Florida Supreme Court concerning what activities a community association manager can perform and which actions go too far and constitute the…
Read: SOME CLARITY FOR CAMs MAY BE COMING → In a post 9/11 world, big brother is watching us like never before. Walk into any business and you can bet you’re on camera being video taped. Same thing goes while walking down any city street for that matter. Indeed, many of us live in communities where there are security cameras all over the place…
Read: SMILE ---- YOU’RE ON CANDID CAMERA → Originally, I was going to blog about resolutions that Board members should make for 2014, but that topic has been written about a million and one times. Everyone seems to have suggestions about how to be a better Board member. Let’s flip it around this time and resolve to be better unit owners, neighbors…
Read: A NEW YEAR AND SOME NEW RESOLUTIONS → Each year at this time the New Year’s Resolutions start flying. We promise ourselves that from now on we will do this or that to make us act better, look better and feel better. By around the 10th of the month we’re no longer exercising, we go back to eating unhealthy and we’re still drinking. But are there…
Read: A NEW YEAR. → We all know that in both a condo and an HOA board members serve without compensation. Suppose however that a member of the Board owns a business and that business wants to enter into a contract with the association? For example, let’s say the condominium needs a paint job. The condo President is a general…
Read: HAVE I GOT A DEAL FOR YOU → My what a difference a year makes. This time last year, we had no idea how many HOAs there were in the State of Florida, unit owners weren’t allowed to use their cameras and cell phones to take pictures of the official records, exorbitant fees were being charged by some management companies for copies of…
Read: A NEW YEAR, A LOOK BACK AND A PEEK INTO THE FUTURE → Now that Thanksgiving is over, there’s a race to get those Christmas decorations up. It’s no longer too early to start as recently suggested by one HOA. Twinkle the lights, plug-in the blow-ups, put up the signs, sprinkle the lawn with fake snow, place reindeer in the driveway and most of all, get in the…
Read: HOLIDAY DECORATIONS --- WHAT ARE THE LIMITS? → It’s the time of year when Boards are concentrating on passing the association’s new budget. In a Florida condominium, the budget must contain fully funded reserve accounts that shall go into effect, unless a majority of a quorum of unit owners vote to waive or reduce the funding of reserves. Reserves must…
Read: RESERVES: SHOULD WE FUND THEM OR SHOULD WE WAIVE THEM? → It’s that time of year again — number crunching time. Time to figure out if everyone is going to be paying a little more next year in their monthly or quarterly assessments. Here are some things to keep in mind: In a condo — when the budget is mailed to the owners, the budget must show the reserves as…
Read: TIME TO PREPARE THE ANNUAL BUDGET →Read it. Then watch it.
