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
What a great time of year. The best actually. Everyone seems to be in the holiday spirit. You drive down the streets and people have beautifully decorated their homes. But what about the people that live in condos and HOAs? Are they allowed to do the same? In regard to condominiums, Florida Statute…
Read: PRACTICING YOUR RELIGION: ARE THERE LIMITS IN YOUR COMMUNITY ASSOCIATION? → Both the condo statute and the HOA statute grant owners the authority to record board meetings. The condo statute states: 718.112: The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items. The division shall adopt reasonable rules…
Read: THE RIGHT TO VIDEO RECORD YOUR BOARD MEETING → We all know that condo and HOA board members must get certified within ninety (90) days of getting on to their Board of Directors. Unfortunately however, Florida law allows board members to get certified either by attending an educational course or by signing a ridiculous, silly, self-serving, nonsensical…
Read: THE FLORIDA LEGISLATURE NEEDS TO MANDATE CONDO AND HOA EDUCATION → So you ran for the Board because you were tired of the board members ignoring your requests to discuss certain issues at board meetings. It gets better………..you won. The only problem is that you’re still in the minority, as you and your friend only constitute 2 of the five seats. As a result, nothing has…
Read: WHOSE AGENDA WILL BE PUT ON THE AGENDA? → Before you know it, The Florida Legislature will be in session. In terms of legislation for condominiums and homeowner associations, 2019 was a complete bust. There wasn’t a single change to Florida Statute 718 or 720. For reasons beyond my comprehension, there are differences between these two statutes…
Read: DUMBFOUNDING DIFFERENCES → Remember the TV show Eight Is Enough? Apparently, that’s how The Florida Legislature feels about your right to serve on a condominium board of directors. Eight years in a row is enough. This does not mean however that if you already served eight years in a row on a condo board that you are precluded from…
Read: CONFUSION REIGNS IN CONDOMINIUM ELECTIONS-PART 2 → If you ever tried to remove a tree from your condo or HOA community, you know how difficult, expensive and impossible it can be. There are applications to fill-out, inspections to be made, fees to be paid and promises made to put a new tree back somewhere on the property or in the municipality. Well, thanks…
Read: IMPORTANT NEW LANDSCAPING LAW → Every year at this time we head into the peak of hurricane season hoping that “the big one” stays away for another year. In my 30 years now in South Florida there have been three or 4 named storms that wreaked some havoc on our communities in South Florida and even more on the west coast and in the…
Read: HURRICANE HEADACHES → 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 4 → Many of you live in condominiums that have a “Master Association.” But what is a Master Association? Is it a condominium association? Is it a homeowner’s association? Is it neither? This question was recently addressed by the Third District Court of Appeal in Dimitri v. Commercial Center of Miami…
Read: SO JUST WHAT IS A “MASTER ASSOCIATION?” → Sometimes you just have to shake your head in amazement at some of the laws that exist. Here’ an example: We all know that a “Meeting of...
Read: WHEN IS A MEETING A MEETING? ARE YOU SURE? → If there is one discrepancy between condominium and homeowner association law that makes absolutely no sense, it’s the laws regarding...
Read: WHERE DO WE START? IN COURT? MEDIATION? ARBITRATION? → We have all been in circumstances where someone promised something, reneged on that promise and we wished we had the original promise in writing. “Getting it in writing” can also be crucial in the condominium and HOA context. Several years ago our firm successfully argued the case of Curci Village…
Read: DID YOU GET IT IN WRITING → We all know that condominium and homeowner associations sue and get sued all the time. Are there any specific obligations to inform the unit owners that the association has filed suit? Are there any specific obligations to inform the owners or potential buyers that the association has been sued? Believe…
Read: LITIGATION LIMITS → We all know that if you live in a condominium, your declaration of condominium and all amendments need to be recorded in the public records in the county where the condominium is located. If you live in a homeowner’s association, your declaration of covenants must be recorded. Your bylaws should also be…
Read: DO YOU NEED TO RECORD YOUR RULES AND REGULATIONS? → Florida Statute 718.111(d) states: An officer, director, or agent shall discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner he or she reasonably believes to be in the interests of the association.…
Read: WHEN AN OFFICER OR DIRECTOR’S CONDUCT CROSSES THE LINE → Inherent in the condominium concept is the principle that to promote the health, happiness, and peace of mind of the majority of the unit owners since they are living in such close proximity and using facilities in common, each unit owner must give up a certain degree of freedom of choice which he might…
Read: DO BOARDS HAVE UNLIMITED AUTHORITY TO MAKE RULES? → New condominiums and HOA communities continue to get built all over the state. The developer gets to control the community while the place is being built and sold, but perhaps the most critical time period in the entire existence of either a condominium or homeowner’s association is when that control of the…
Read: THE TURNOVER PROCESS: SIMPLIFYING THE PROCESS - REDUCING THE FEAR →Read it. Then watch it.
