A Condo and Community Associations Law Blog
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”
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:
Continue reading “2018 Legislative Changes for Community Associations”
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.
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 “Hurricane Shutters and Hurricane Protection Policies: Does your Condominium have what it needs?”
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 “Condominiums and Conflicts of Interest: How to interpret the rebuttable presumption”