Month: July 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”

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”

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”