Homeowners Association Director Nominations in Advance of the Annual Meeting

Traditionally, all phases of homeowners association board of directors elections, including nominations, voting,

Morrell_Clinton

Clinton Morrell

and vote counting, are conducted at the annual meeting. However, the time consuming nature of this process has led some homeowners associations to require nominations prior to the annual meeting instead of “from the floor” at the meeting. This saves time at the annual meeting by allowing the Association to confirm the eligibility of the candidates ahead of time. Continue reading

“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

Davis_Jason

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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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.

Johnson_Monica

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

Reres_Kathleen

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

Morrell_Clinton

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