Hurricane Shutters and Hurricane Protection Policies: Does your Condominium have what it needs?

With the recent threat from Hurricane Irma, many condominium associations were faced with emergency requests from unit owners for the association to install or for the association to allow owners to install hurricane shutters or other forms of hurricane protection.

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Monica Johnson

If an association had no hurricane protection policy in place, the association was likely unprepared to field these requests. Most board members would cringe at the thought of plywood being mounted on the windows, but if the association has not addressed what hurricane protection is acceptable, nor made arrangements for the association to install hurricane protection, the board of directors may not have the ability to deny an owner’s request to install their own form of code-compliant hurricane protection. Continue reading

Condominiums and Conflicts of Interest: How to interpret the rebuttable presumption

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Kathleen Reres

The legislature recently amended Chapter 718 of the Florida Statues, relating to condominiums, to create a rebuttable presumption that a conflict of interest exist in certain situations.[1] A conflict of interest is a real or seeming incompatibility between one’s private interests and one’s public or fiduciary duties. Black’s Law Dictionary (10th ed. 2014).  Continue reading

Assignment of Condominium Limited Common Element Use Rights

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Clinton Morrell

Condominiums are comprised of “units” owned by individual owners and “common elements” owned collectively by all owners. Pursuant to Chapter 718, Florida Statutes, “units” include all areas designated as such in the particular condominium’s governing documents, while “common elements” includes all other real property of the condominium which is not included within the units. Typical examples of common elements include pools and clubhouses. Generally, all owners are equally entitled to utilize the common elements of the condominium. Continue reading

Two’s Company, but Three’s a Crowd: A Third Party’s Right to Intervene in a Foreclosure Lawsuit

Jason Davis

Are subsequent title holders who obtain an interest in real property during the pendency of a foreclosure lawsuit where a lis pendens has been properly recorded (referred to as a “Purchaser Pendente Lite”), entitled to join in the lawsuit to protect that interest? In Bonafide Properties v. Wells Fargo Bank, N.A., 198 So.3d 694 (2d DCA 2016) the Second District Court of Appeal says no and affirms the long standing doctrine of generally barring the intervention of a purchaser pendente lite in a pending lawsuit for foreclosure. Continue reading

Restrictive Endorsement

Jonathon Ellis

Restrictive endorsements when coupled with payment are still applicable to associations.

As many may remember, The Florida Legislature amended Florida Statutes §718.116 and §720.3085 to include language relating to the applicability of restrictive endorsements, designations or instruction accompanying payments made for delinquent assessments.  Specifically, Florida Statutes §718.116(3) and §720.3085(3)(b) state as follows: Continue reading

What Information Is My Community Association Required to Provide in Relation to Sales of Units?

Clinton Morrell

Clinton Morrell

During transfers of properties in condominiums or other planned communities, community associations are frequently contacted by prospective buyers, lenders or realtors with requests for information pertinent to the transfer. Often, these requests seek detailed information about a broad range of topics related to the condition and operation of the community. Complying with such requests can become extremely time-consuming for directors or property managers tasked with preparing the responses. Fortunately, community associations are not required to provide any information to prospective buyers, lenders, or realtors under Florida law. Continue reading

Recent Changes to the Florida Statutes Governing Homeowners Associations

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Monica Johnson

Does your homeowners association require nominations from the floor for an election to the board of directors? Recent changes to the Florida Statutes governing homeowners associations have given some associations the right to forego accepting nominations from the floor during an election of board members.  However, your association should analyze its governing documents for compliance with the statutory requirements prior to refusing to accept nominations from the floor.         Continue reading