Featured

Condominium and HOA Board Certification Course – Spring 2024

Join us in-person or from the comfort of your own home for the Condominium and HOA Board of Directors Training Course. Shumaker is a division-approved education provider and this class will satisfy the requirements of Fla. Stat. §§ 720.3033 and 718.112 if completed within 1 year before or 90 days after being elected or appointed to the board.

Date Options:

  • January 24 | Maggiano’s Little Italy | 6:30 – 9:30 p.m.
  • February 29 | Maggiano’s Little Italy | 6:30 – 9:30 p.m.
  • March 28  | Maggiano’s Little Italy | 6:30 – 9:30 p.m. – Advanced Course
  • April 11 | Virtual | 6:30 – 9:30 p.m.
  • April 30 | Maggiano’s Little Italy | 6:30 – 9:30 p.m.

RSVP to rsvp@shumaker.com or 813.676.7242

Continue reading “Condominium and HOA Board Certification Course – Spring 2024”

Client Alert: The Corporate Transparency Act Imposes Reporting Requirements Applicable to Many Condominium, Cooperative, and Homeowners Associations

The Federal Corporate Transparency Act (CTA), which took effect January 1, 2024, requires most homeowners, condominium, and other community associations to report information relating to the association and its directors and officers to the Financial Criminal Enforcement Network (FinCEN). Community associations in existence prior to January 1, 2024 must report to FinCEN no later than January 1, 2025 and update FinCEN within thirty (30) days of a change. Failure to report and update information as required may result in penalties. FinCEN accepts e-filed reports at https://boiefiling.fincen.gov. Continue reading “Client Alert: The Corporate Transparency Act Imposes Reporting Requirements Applicable to Many Condominium, Cooperative, and Homeowners Associations”

Client Alert: How to Handle Absent Condominium and Homeowners Association Board Members

Each election season, condominium association members elect one or more directors to serve on the association’s Board of Di­rectors. Many members consider their options carefully, understanding the importance of the board and the impact its decisions have on each condominium owner. Each candidate should also consider the responsibilities before running for a board position. But, inevitably, life happens, and a once-enthused board member may become all but absent from the board—missing several meetings at a time. The net result is a board having, for all practical purposes, one less member than the Association chose, risking deadlocks when voting on motions or a failure to achieve quorum. Continue reading “Client Alert: How to Handle Absent Condominium and Homeowners Association Board Members”

Client Alert: Florida Statutes May Require Community Associations to Hold Voting Certificates

To ensure the validity of its elections, a community association must conduct its elections in full compliance with Florida law and its governing documents, which includes enforcing its voting certificate requirements, if any.

As defined in Section 718.103(31), Florida Statutes (2023), voting certificates are “documents which designate one of the record title owners, or the corporate, partnership, or entity representative, who is authorized to vote on behalf of a condominium unit that is owned by more than one owner or by any entity.”[1]  Continue reading “Client Alert: Florida Statutes May Require Community Associations to Hold Voting Certificates”

Client Alert: Florida Senator Proposes Creation of State Database for Homeowners Association Information

On December 13, 2023, Florida State Senator Rodriguez filed Senate Bill 942 (2024), which, if adopted, would require the Department of Business and Professional Regulation (DBPR) to establish a searchable database of certain homeowners associations’ information no later than July 1, 2025. The DBPR database would contain, at a minimum, the following information for each homeowners association in Florida: Continue reading “Client Alert: Florida Senator Proposes Creation of State Database for Homeowners Association Information”

Client Alert: Florida Statute, 720.3045, Installation, Display and Storage of Items

Numerous homeowner associations have declarations, covenants, conditions, and restrictions for the storage items on their property, regardless of where the items are stored and whether such items are visible to third parties. Such storage items may include boats, trailers, sheds, construction equipment, and junk.

The Florida Legislature recently amended Florida Statute, Chapter 720, through House Bill 437 and added Florida Statute 720.3045, which states as follows: Continue reading “Client Alert: Florida Statute, 720.3045, Installation, Display and Storage of Items”

Client Alert: Pride and Prejudiced – When to Report Insurance Claims

A condominium association in Florida is required by law to “use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the condominium property, which must be insured by the association pursuant to this subsection.” §718.111(11), F.S. While condominium associations are required to use their best efforts to obtain adequate insurance, there is no such requirement to actually use said insurance, despite the intention of the legislature in having enacted Section 718.111(11).[1]

It is surprising how many condominium associations opt not to report insurance claims, typically in fear of raising their insurance premiums, a very real concern in Florida over the past few years. However, property insurers do not increase premiums based solely upon the number of claims a single insured reports. Continue reading “Client Alert: Pride and Prejudiced – When to Report Insurance Claims”

Client Alert: “Homeowners’ Associations Bill of Rights” Law Takes Effect October 1, 2023

On June 12, 2023, Governor DeSantis signed into law House Bill 919 (2023), the “Homeowners’ Associations Bill of Rights,” which amends Chapter 720, Florida Statutes, in several meaningful ways, including:

  • Requiring notice for board of directors meetings to identify all agenda items.
  • Providing that a member’s designated mailing address for notices is the property address unless the member updates in writing.
  • Providing that a member’s designated email address is the one provided on the consent to receive electronic notice unless the member updates in writing.

Continue reading “Client Alert: “Homeowners’ Associations Bill of Rights” Law Takes Effect October 1, 2023”

Client Alert: Florida Legislature Amends Condominium and Cooperative Safety Statutes Adopted After Champlain Towers South Collapse

On June 9, 2023, Governor DeSantis signed into law Senate Bill 154, which substantially modifies statutory safety and reserve requirements previously enacted in response to the collapse of the Champlain Towers South condominium. Existing statutory requirements were discussed in a prior blog post. Senate Bill 154 took effect immediately and makes the following primary changes to the current safety and reserve requirements:

Fla. Stat. Ch. 553 – Milestone Inspections

    • Permits the engineer or architect to utilize a team of professionals to conduct milestone inspections.
    • Requires the association to perform milestone inspections for portions of building owned under the condominium or cooperative form of ownership, with individual owners to perform milestone inspections in limited instances where portions of buildings are not part of the condominium or cooperative.
    • Extends the deadline to December 31, 2025 for submission of first milestone inspection for buildings reaching 30 years of age on or after July 1, 2022 and before December 31, 2024. Buildings reaching 30 years of age before July 1, 2022 must submit milestone inspections on or before December 31, 2024.

Continue reading “Client Alert: Florida Legislature Amends Condominium and Cooperative Safety Statutes Adopted After Champlain Towers South Collapse”

Client Alert: Considerations on Criminal Background Checks & Tenancy Restrictions

Numerous condominiums and homeowner associations have Governing Documents, or rules and regulations that regulate leasing, including restriction to whom owners may rent. Many associations base their decisions on the results of a criminal background check or on a potential renter’s disclosure of criminal history on a rental application. If an association considers criminal backgrounds in determining whether to approve a lease, then the association needs to ensure it complies with the Fair Housing Act (FHA).

Pursuant to 42 U.S.C. § 3604, the FHA prohibits the refusal to lease a residence to any person because of race, color, religion, sex, handicap, familial status, or national origin. In 2016, the U.S. Department of Housing and Urban Development (HUD) published guidance on the use of criminal records, noting that: Continue reading “Client Alert: Considerations on Criminal Background Checks & Tenancy Restrictions”