The Condo and HOA Law Bulletin

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”

Please find available here for download a “Condominium and Cooperative Milestone Inspection, Structural Integrity Reserves, and Mandatory Reserve Checklist” and “Condominium and Cooperative Milestone Inspection, Structural Integrity Reserves, and Mandatory Reserve Worksheet” for use in complying with new Florida statutory amendments to Chapters 553 and 718, Florida Statutes, enacted by Senate bill 4-D (2022) in response to the Champlain Towers South Condominium collapse.

For additional information relating to the Milestone Inspection, Structural Integrity Reserves, and Mandatory Reserve requirements, see our prior blog post or contact us directly.

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:

• July 21 | Virtual |6:30 – 9:30 p.m.
• August 25 | Maggiano’s Little Italy | 6:30 – 9:30 p.m.
• September 22 | Maggiano’s Little Italy | 6:30 – 9:30 p.m.

RSVP to rsvp@shumaker.com or 813.676.7242

On May 26, 2022, Florida Governor DeSantis signed Senate Bill 4 into law, imposing substantial new structural safety and reserve requirements on Florida condominiums and cooperative associations. The law is effective immediately and is intended to prevent further disasters like the Champlain Towers South collapse in Surfside, Florida. The new requirements include:

• Milestone Inspections. Creation of Fla. Stat. Ch. 553 and amendment of Ch. 718/719, requiring submission to local building official of periodic “milestone inspections” of load bearing walls, structural members, and structural systems, sealed by a licensed architect or engineer, for any building three or more stories in height, except for a three story building with three or fewer single-family units.
  • For pre-turnover condominiums and cooperatives, the developer must obtain and provide the association with a milestone inspection at turnover.
  • For post-turnover condominiums and cooperatives with buildings with certificate of occupancies issued prior to July 1, 1992, the initial milestone inspection is due December 31, 2024, and every ten years thereafter.
  • For post-turnover condominiums and cooperatives with certificates of occupancy issued July 1, 1992 or after, milestone inspection due by December 31 of the year in which the building reaches:
    • 25 years of age, for buildings within 3 miles of coastline, or
    • 30 years of age, for buildings not within 3 miles of coastline
    • And every 10 years thereafter
  • Upon notification from enforcement agency of past-due milestone inspection, the association must submit the inspection report within 180 days.
  • Willful and knowing failure to obtain milestone inspections constitute a breach of officers and directors’ fiduciary duties.
  • The association must post (physically and on web site, if applicable) and provide a copy of the milestone inspections to each unit owner, regardless of findings.
  • Allows local enforcement agencies to prescribe timelines and penalties with respect to compliance with the requirements.
  • Repairs recommended pursuant to milestone inspection must commence within the earlier of 1) 365 days from submission of the report; or 2) such sooner period of time as designated by the applicable Board of County Commissioners. Failure to perform repairs within the mandated time period requires the local enforcement authority to conduct a review to determine if the building is unsafe for human occupancy.

Continue reading “Florida Enacts Major New Reforms for Condominiums and Cooperatives in Response to Champlain Towers South Collapse “

Chapter 712, Florida Statutes, the Marketable Record Title Act (“MRTA”), presents a mortal risk to Florida homeowners association, potentially rendering them unable to levy and collect assessments or otherwise enforce their governing documents.[1] Generally, MRTA extinguishes interests in a parcel of real property which are older than the “root of title” for the parcel – defined as the first deed or other instrument transferring ownership of the parcel which is at least thirty years old – unless an exception applies. Since a homeowners association developer typically records the declaration of covenants and restrictions and then begins to deed individual parcels to owners, a homeowners association’s declaration of covenants and restrictions is at risk of expiring beginning thirty years after the initial deed from the developer, unless an exception applies.

There are several exceptions to MRTA commonly applicable to prevent extinguishment of declarations of covenants and restrictions for homeowners associations. An exception arises where the root of title or subsequent deeds or other muniments of title identify the declaration of covenant and restrictions by book and page. An exception also arises where, subsequent to July 1, 2018, a homeowners association records a properly adopted amendment to its declaration of covenants and restrictions prior to extinguishment. Finally, an exception arises where the homeowners association records notice of preservation in accordance with Sec 712.06 or Sec 720.3032(2), Florida Statutes, prior to extinguishment. The simplest option for filing a notice of preservation is compliance with Sec 720.3032(2),[2] which allows a duly authorized officer of the Association (i.e., pursuant to board vote) to record a notice of preservation containing basic information relating to the community specified in the statute, such as the legal name and address of the association, names of affected subdivisions, and identification of the recording location of the covenants, without limitation. See Sec 720.3032(2) for complete requirements. Continue reading “Homeowners Associations and the Marketable Record Title Act (“MRTA”)”