The Condo and HOA Law Bulletin

A condominium association in Florida is required by law to “use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the condominium property, which must be insured by the association pursuant to this subsection.” §718.111(11), F.S. While condominium associations are required to use their best efforts to obtain adequate insurance, there is no such requirement to actually use said insurance, despite the intention of the legislature in having enacted Section 718.111(11).^[1]

It is surprising how many condominium associations opt not to report insurance claims, typically in fear of raising their insurance premiums, a very real concern in Florida over the past few years. However, property insurers do not increase premiums based solely upon the number of claims a single insured reports. Continue reading “Client Alert: Pride and Prejudiced – When to Report Insurance Claims”

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”

Recent years have seen more and more drivers adopting golf carts and low-speed vehicles as alternative modes of transportation in and around, and even outside, their communities. No longer relegated to the greens, sand traps, and clubhouses within a community, Florida has adopted several laws to regulate these vehicles when it comes to public streets and highways.

With few exceptions, Florida law prohibits the operation of a golf cart on Florida’s public roads and highways. Typically, a developer dedicates the streets and roads within a community for use by the public at the time of development. However, following a process outlined in Section 316.212, Florida Statutes, a community may petition its local governmental entity (characteristically the county or municipality) to designate a public road for golf cart operation. Continue reading “Client Alert: Golf Carts, Low-Speed Vehicles, and Public Roads, Oh My!”

Back by popular demand, join us at Maggiano’s on May 2nd at 6:30 pm for the Advanced Condominium and HOA Board Training Course. This course takes a deeper dive into the issues boards deal with most. Learn about collections, service animals. selective enforcement, neighbor vs. neighbor disputes, and much more. Dinner will be provided. RSVP to rsvp@shumaker.com or call (813) 676-7242.

Join us in-person or from the comfort of your own home for the Condominium and HOA Board of Directors Training Course. Shumaker is a division-approved education provider and this class will satisfy the requirements of Fla. Stat. §§ 720.3033 and 718.112 if completed within 1 year before or 90 days after being elected or appointed to the board.

Date Options:

• February 28 | Virtual |6:30 – 9:30 p.m.
• March 21  | Maggiano’s Little Italy | 6:30 – 9:30 p.m.
• April 25 | GROVE (Sarasota) | 6:30 – 9:30 p.m.

RSVP to rsvp@shumaker.com or 813.676.7242 Continue reading “Join us in-person or from the comfort of your own home for the Condominium and HOA Board of Directors Training Course”

Each Florida condominium and cooperative association is required, no later than January 1, 2023, to file the following information with the Department of Business and Professional Regulation’s Division (Division) of Condominiums, Timeshares, and Mobile Homes:

• The number of buildings on the condominium or cooperative property that are three stories or higher in height;
• The total number of units in all such buildings;
• The addresses of all such buildings;
• The counties in which all such buildings are located.

Continue reading “Client Alert: January 1, 2023 Deadline for Condominium and Co-Op Building Report to DBPR Approaching”

Based on a recent opinion from the Second District Court of Appeals, Community Associations should consider self-help/abatement rights to cure violations before filing a lawsuit for injunctive relief.

On April 13, 2022, the Second District Court of Appeal decided Mauriello v. Prop. Owners Ass’n of Lake Parker Estates, Inc., 337 So. 3d 484 (Fla. 2d DCA 2022).  In Mauriello, the association sought an injunction against  property owners to remedy a violation of the Association’s declaration of covenants for failing to maintain their lawn and landscaping. At the trial court, the property owners unsuccessfully argued the association was not entitled to an injunction because it had an adequate remedy at law, citing to the declaration provision allowing the association itself to remedy the violation and assess the cost of the remediation to the property owners.

Continue reading “Client Alert: Community Associations Self-Help Rights or Injunctive Relief”

The Florida Department of Business and Professional Regulation (“DBPR”) released the first 5-year adjustment to Estoppel Certificate Fees permitted under Section 718.116(8)(f), Florida Statutes, of the Condominium Act and Section 720.30851(6), Florida Statutes, of the  Homeowners’ Association Act, for the maximum amount an association, or its authorized agent, may charge for preparation and delivery of an estoppel certificate. Continue reading “Client Alert: DBPR Increases Association Estoppel Certificate Fees”