Uncategorized – Page 8 – The Condo and HOA Law Bulletin

Condominium Leasing Restrictions’ Impact on FHA Home Loan Eligibility

Frequently, the governing documents of condominium associations contain limitations on the ability of owners to lease or sell their property, such as provisions requiring owners to obtain the Association’s approval before such leases or sales may take place. Although these provisions are often very important to the association’s ability to protect its members’ happiness and property values, associations should be aware of certain drawbacks when considering the inclusion of such limitations in their governing documents. Continue reading “Condominium Leasing Restrictions’ Impact on FHA Home Loan Eligibility”

Accommodating Requests for Service Animals and Emotional Support Animals in your Community

Many community associations are presented with requests for accommodating service animals and emotional support animals. It can be difficult to navigate through the various laws. There are specific obligations required of housing providers under the Fair Housing Act (“FHA”) and, if applicable, the Americans with Disabilities Act (“ADA”). Continue reading “Accommodating Requests for Service Animals and Emotional Support Animals in your Community”

Are Condominium Unit Owners Required to Carry Insurance?

Generally speaking, condominium associations have the legal obligation to maintain insurance on all of the condominium improvements, with some exceptions. Chapter 718 of the Florida Statutes (the “Condominium Act”), expressly excludes the following from an association’s insurance responsibility:

[A]ll personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit. Such property and any insurance thereupon is the responsibility of the unit owner. Continue reading “Are Condominium Unit Owners Required to Carry Insurance?”

Ellis named Top Lawyer by Tampa Magazine in Community Association Law

Jonathan Ellis, Partner and Community Associations Practice Administrator was named Top Lawyer by Tampa Magazine in Community Association Law.

Jonathan’s litigation experience includes handling matters in the areas of general commercial litigation, arbitration, business disputes, health care, professional malpractice, real estate litigation, collection and appeals. Continue reading “Ellis named Top Lawyer by Tampa Magazine in Community Association Law”

Maintenance versus material alteration

Condominium associations are often faced with the difficult task of determining whether a particular project is a material alteration of the common elements, requiring unit owner approval, and whether that material alteration falls within the maintenance exception to the requirement of unit owner approval. Continue reading “Maintenance versus material alteration”

Are your Declaration’s lease and sale approval provisions enforceable?

Two of the fundamental purposes of a community association are to provide an enjoyable place for its members to live and to protect the value of its members’ properties. In furtherance of these goals, many community associations’ declarations include provisions limiting or requiring pre-approval from the association before a member may lease or sell his unit, so that the prospective purchasers or tenants can be screened to ensure compatibility with the community. While these provisions are generally “recognized as a valid means of insuring the association’s ability to control the composition of the [community] as a whole,” Aquarium Foundation, Inc. v. Sholom House, Inc., 448 So.2d 1166, 1167 (Fla. 3d DCA), in some cases Florida courts have refused to enforce them as an “unreasonable restraint on alienation.” Continue reading “Are your Declaration’s lease and sale approval provisions enforceable?”

Conducting election of directors during transfer of association control in a community

During the transfer of association control in a community from the developer to the members other than the developer, there are times when both the developer and members other than the developer are entitled to elect a member of the board of directors of an association. See §§ 718.301, 720.307. Continue reading “Conducting election of directors during transfer of association control in a community”

Consideration of a first mortgagee’s “safe harbor” request

As Florida courts continue to work through the backlog of first mortgage foreclosures (referred to in that way due to their first or priority lien position on the property), it becomes increasingly important for associations to thoroughly review the first mortgagee’s entitlement to the “safe harbor” provisions of Florida Statutes when responding to estoppel requests. For Homeowners’ Associations, the relevant language is included in the Homeowners’ Association Act, Fla. Stat. §720.3085(2)(c), which provides that: Continue reading “Consideration of a first mortgagee’s “safe harbor” request”

What amending your governing documents can do to save your association money

Over the last several years, homeowner’s associations and condominium associations across Florida have taken serious losses and written off large amounts of bad debt due to the housing market crash and the flood of mortgage foreclosures following in its wake. Most associations came to rely upon recovering at last some delinquent assessments once a mortgage foreclosure was finally complete. Fla. Stat. sections 718.116 and 720.3085 provide that purchasers are jointly and severally liable with former owners for assessments that accrue before transfer of title. Continue reading “What amending your governing documents can do to save your association money”

Are law enforcement vehicles subject to Community Association “commercial vehicle” bans?

One common provision in homeowners association’s and condominium association’s governing documents is a prohibition against the keeping of “commercial vehicles” within the community. These prohibitions on commercial vehicles, like many other typical provisions in community associations’ governing documents, are well intentioned and meant to preserve the residential character of the community. Continue reading “Are law enforcement vehicles subject to Community Association “commercial vehicle” bans?”