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
Imagine a world where accountants can examine your heart and give you an opinion regarding its condition and your life expectancy. Suppose an auto mechanic can examine your kidneys and liver and give his opinion on whether or not they are healthy. Perhaps one day you can walk into my office and one of the…
Read: EVERYONE IS AN EXPERT → Almost every association I ever represented complains about the community pest who won’t stop asking for access to records. Can the association stop it or at least limit it? Florida Statute 718.111 (12) states: The association may adopt reasonable rules regarding the frequency, time, location, notice, and…
Read: LIMITING ACCESS TO RECORDS – IT AIN'T EASY → Two weeks ago, I wrote to you about House Bill 623 that is making its way through The Florida Legislature. Another change to the law currently included in the bill is the following language: 718.112 Bylaws.— (1) GENERALLY.— (c) Any provision of the declaration, the association bylaws, or reasonable rules…
Read: A PROPOSED AMENDMENT TO THE LAW THAT HAS DANGER WRITTEN ALL OVER IT → Sometimes we get lucky and the political world mirrors what takes place in the condo and HOA world. The Senate is about to start a trial regarding the impeachment of Donald Trump. As we all at least understood the process—-the whole purpose of a trial in the senate is to see if the president needs to be…
Read: CAN YOU REMOVE A PRESIDENT THAT HAS ALREADY BEEN REMOVED BY THE VOTERS? → It’s becoming impossible to keep up with technology. Just when you think you bought the latest, greatest computer or cell phone the world may ever see, a month later there’s new technology that makes you device already seem outdated. It’s a never ending cycle. Well, one new technological advance is the RING…
Read: BEFORE YOU INSTALL THAT NEW RING DOORBELL → As Rafael will tell you later this week, management companies will start working on the 2021 budget for your association when summer comes to an end. Remember, even in condos where reserves are despised, hated, frowned up and scorned, your budget must still include a reserve analysis, like it or not.…
Read: IT’S TIME TO PREPARE THE 2021 BUDGET AND IT MUST INCLUDE RESERVES IN YOUR CONDO → Florida Statute 718.112(2)(d)2. states: A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time…
Read: DOES THE 8 YEAR RULE APPLY IN YOUR CONDOMINIUM? → It’s the end of the summer. Millions of kids across our state have to suck it up and return to school. And if the kids have to endure school for the next ten months, all of you can endure a measly three hours. I’m talking of course about Condo and HOA Board Certification and Legal Update Course. There’s a…
Read: IT’S BACK TO SCHOOL TIME-PART 5 → As promised a few weeks back, we need to discuss some very interesting pitfalls associations sometimes fall into in the area of collections. In light of the fact that mortgage delinquencies are at an all-time high, rest assured that owners will in a short while begin falling behind on condo and HOA…
Read: MORE ABOUT COLLECTIONS → Wow what a difference a week makes! The world became different this week, like nothing most of us have ever seen or lived through before. For the time being, this Corona Virus has changed life as we know it, requiring us not to stay inside and hide, but not to tempt fate, while staying smart and taking…
Read: SO WHAT DO WE DO NOW? → One bill sailed through The Florida Legislature and waiting for a signature by Governor DeSantis. Once signed, it becomes law effective immediately. Florida Statute 718, 719 and 720 have all been amended to include language that states that: An association may not prohibit a law enforcement officer, as…
Read: NEW LAW PROTECTS LAW ENFORCEMENT VEHICLES → Hope everyone had both a happy and a healthy new year. I also hope you are all well rested and are now ready to stand-up and protect yourselves by demanding new laws that benefit our community associations. For the next few weeks, we will let you know what community association law bills have been filed in…
Read: SO WHAT MAY BE IN STORE FOR 2020-PART 1? → We all know that the condo and HOA statutes contain differences that often times don’t make any sense. Let’s review two more instances of there being no real justification for differences among the statutes. In an HOA, before the Board files suit, there is a statute they need to consider: 720.303(1): Before…
Read: OTHER LAWSUIT ISSUES → Last week we discussed how the expenses of your condominium or HOA get divided among all of the owners. The blog ended by warning you that there is one type of expense that is not subject to the standard rules, and that’s when it comes to your association’s bulk cable and internet bill. In both a condo and…
Read: BE CAREFUL ABOU THE CABLE BILL → Sometimes I have to write a lot in order to get my point across. Maybe it’s because the law is not clear. There are exceptions to the rule. There are extenuating circumstances. This is not one of those times. So let me say this as clear as clear can be: If the governing documents or even board made rule…
Read: THE KEY TO HAPPINESS MAY BE IN PROVIDING ONE → As you all know, Florida law currently mandates that condominium “disputes” are mediated before arbitrators who are employed by the DBPR, rather than being litigated in a court of law. Florida Statute 718.1255 states: LEGISLATIVE FINDINGS.— (a) The Legislature finds that unit owners are frequently at a…
Read: THE DEATH OF CONDO ARBITRATION MAY BE NEAR → The minute it struck midnight on New Year’s Eve, large scale condominium associations were required by law to have their own website. I’m proud to say I had a hand in getting this law passed. When the law was first drafted, it was only to apply to associations that had 500 or more units. This means less…
Read: IS YOUR CONDO WEBSITE UP AND RUNNING? → The HOA statute does do one thing right. It requires the parties to a dispute to submit that dispute to an arbitrator before going to court. Florida Statute 718.311 states: (2)(a) Disputes between an association and a parcel owner regarding use of or changes to the parcel or the common areas and other…
Read: FIGHTING IN YOUR HOA? DON’T WAIT! MEDIATE! →Read it. Then watch it.
