The Condo and HOA Law Bulletin

On May 29, 2024, Governor DeSantis signed HB 59 (2024) into law.

Effective July 1, 2024, HB 59 (2024) amends Fla. Stat. Sec. 720.303 as follows:

• Requires an Association to provide a physical or digital copy of the Association’s rules and covenants to each member by October 1, 2024 and to each new member thereafter; and
• Requires the Association to provide updated copies of rule and covenant amendments when adopted. 
  • In lieu of sending copies of the covenants and rules and regulations, the Association may provide mailed notice (or electronic to those members who have consented) that the covenants and rules are available via the Association’s website.

Continue reading “Client Alert: Governor DeSantis Signs HB 59 (2024), Sets October 1, 2024 Deadline for All Homeowners Associations to Provide Members with Copies of Covenants and Rules”

On May 29, 2024, Governor DeSantis signed HB 293 (2024), which amends Fla. Stat. Sec. 720.3035 as follows:

• Requires homeowners associations to adopt hurricane protection specifications for each structure or other improvement on parcels governed by the Association, including individual lots.
  • The specifications may address permitted colors and styles and must comply with applicable building codes.
• Prohibits an Association from denying an application for the installation, enhancement, or replacement of hurricane protection by a parcel owner that conforms to the specifications adopted by the Board or committee.

Continue reading “Client Alert: Governor DeSantis Signs HB 293 (2024), Requiring Homeowners Associations to Maintain Written Hurricane Protection Specification Requirements”

Governor DeSantis signed House Bill 1203 (2024), which is effective July 1, 2024 and makes a number of substantial changes to statutes governing Florida community association managers and homeowners associations (HOAs). The changes include the following: Continue reading “Client Alert: Governor DeSantis Signs HB 1203 Affecting Homeowners Associations and Licensed Community Association Managers”

Each year, condominium associations work to obtain insurance at reasonable rates in an effort to comply with their statutory obligations to use “best efforts” to obtain insurance. In recent years, however, insurance rates have increased significantly, causing associations to question whether insurance is required at any cost. While best practice is, of course, for an association to maintain adequate insurance, an association may wonder whether “best efforts” means it must obtain insurance at any cost. Continue reading “Client Alert: Community Associations’ Use of Best Efforts to Obtain Insurance”

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”

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”

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”

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”

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”

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”