We are frequently retained by homeowners associations and condominium associations who have just undergone transition/turnover from developer control to control by the unit owners other than the developer. Two of the first questions we ask them are 1) what amenities and other common elements does the association own or is it required to maintain; and 2) has the association, in consultation with an engineer or other expert, inspected the common elements to ensure they are free from defects? We ask these questions right up front during our initial consultation because of Florida’s Statute of Limitations and Statute of Repose, which limit the time within which the Association may pursue recovery of expenses for needed repairs to the common elements from the developer or other individuals or entities arising from the improper design or construction. (Note: Applicable Statutes of Limitations and Repose differ according to the nature of the claim – this article focuses only on construction and design defect claims). Continue reading “What Every HOA and Condo in Transition/Turnover Should Know About Florida’s Statutes of Limitations and Repose”
Floridians who were of age during the 2000 U.S. Presidential election know firsthand how controversial close elections, disputed results, and recounts can be. Disputed homeowners’ association and condominium association elections can be just as disruptive to the community. Since community associations are statutorily required to retain election materials for a period of time, one natural response to a disputed ballot count is to recount the election materials to determine proper results. However, arbitration decisions from the Florida Department of Business and Professional Regulations’ Division of Condominiums, Timeshare and Mobile Homes (“Division”) cast substantial doubt on whether a community association, itself, may conduct a recount or correct election errors after conclusion of the annual meeting except when ordered to do so by the Division. Continue reading “Recounts: Difficulties Correcting HOA and Condo Election Ballot Count Errors After the Annual Meeting”
Join us on either March 20, 2019 or April 17, 2019 for Condominium and HOA Board Certification Training. 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. RSVP@slk-law.com to reserve your spot today!
Join us on Thursday, November 15th for an HOA Board of Directors Training. 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. RSVP to reserve your spot today!
Join us on Wednesday, September 12th or Thursday, September 13th for an HOA Advanced Board of Directors Training. RSVP today!
Recent amendments to section 720.303, Florida Statues, which take effect July 1, 2018, Continue reading “Voting by E-mail and Written Consent”
Traditionally, all phases of homeowners association board of directors elections, including nominations, voting,
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 “Homeowners Association Director Nominations in Advance of the Annual Meeting”
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 ““Sunshine Laws” Do Not Apply to Community Associations (Open Meetings are Still Required)”
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 “Tenants and Personal Property after a Foreclosure Sale”