“Sunshine Laws” Do Not Apply to Community Associations (Open Meetings are Still Required)

Frequently, there are complaints by association members regarding violations of Florida’s Sunshine Laws, Chapter 286, Florida Statutes, which mandates public access to Continue reading

Tenants and Personal Property after a Foreclosure Sale

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Jason Davis

After a judicial foreclosure sale concludes and a certificate of title is issued, the purchaser named in the certificate may find the newly acquired residential property either occupied by a tenant in possession or filled with personal belongings. Sections 83.561, Florida Statutes, “Termination of rental agreement upon foreclosure” and 83.62, Florida Statutes, “Restoration of possession to landlord” address these issues. Continue reading

2018 Legislative Changes for Community Associations

On March 23, 2018, Governor Scott approved House Bill 841, amending a number of statutes regulating community associations.  The following is a summary of House Bill 841 by topic:

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2017 Legislative Changes to the Florida Condominium Act

On June 26, 2017, Governor Scott approved House Bill 1237, changing or amending a number of statutes regulating condominium associations.

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Client Alert: Update: Community Associations’ Estoppel Certificates

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Monica Johnson

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Jonathan J. Ellis

On June 14, 2017, Governor Scott signed Senate Bill 398, enacting it into law.  The law, which goes into effect on July 1, 2017, amends sections 718.116, 720.30851, and 719.108, Florida Statutes, regarding condominium, homeowners and cooperative association estoppel certificates.  The amendments provide the following changes to the statutes:

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Water Shortage Restrictions Override Deed Restrictions

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Monica Johnson

Homeowners associations may not require lot owners to pressure wash their homes, or to water or replace their lawns while there are water shortage restrictions in effect.

The Southwest Florida Water Management District (“SWFWMD”), the agency responsible for managing and protecting water resources of southwest Florida, has declared that Modified Phase III water shortage restrictions are in effect from June 5, 2017 through August 1, 2017 in several counties, including Citrus, DeSoto, Hardee, Hernando, Hillsborough, Manatee, Pasco, Pinellas and Sarasota, and portions of surrounding counties within SWFWMD’s jurisdiction. Continue reading