The Condo and HOA Law Bulletin – Page 7 – A Condo and Community Associations Law Blog

Short Term Rentals

Does your Community Association have sufficient protections in place for Short-Term Vacation Rentals?

With the rise in short-term rentals through popular sites like Airbnb, Inc. and Vacation Rentals by Owner (VRBO), homeowners and condominium associations face new challenges in policing owners who violate restrictions against short-term leasing. This is especially true in Florida where many people seek out vacation rentals every year. Not only does this type of activity promote continuous violations of an association’s governing documents, but it presents privacy and security issues as well. Continue reading “Short Term Rentals”

The Role of the Community Association in Neighbor vs Neighbor Disputes

Neighbor vs neighbor disputes are frequently a part of life in community associations. Common examples may include an owner allowing his dog to use his neighbor’s yard or an owner dumping trash on his neighbor’s yard. Although they may initially be trivial, these neighbor vs neighbor disputes can escalate into bitter personal rivalries. While many community associations believe it is necessary to intervene in an attempt to ensure good relations between neighbors, an association should only take action in such disputes when doing so is clearly within the scope of the community association’s purpose. Continue reading “The Role of the Community Association in Neighbor vs Neighbor Disputes”

2017 Proposed Legislation Regarding Florida Statutes, Chapter 718

In recent legislation, Senate Bills 1258 and 1682 and House Bills 1001 and 1237 seek to amend Florida Statutes, Chapter 718.

Senate Bill 1258 and House Bill 1001 seek to fine directors who knowingly violate any Association bylaw or statutes.

Senate Bill 1682 and House Bill 1237 are more complex and seek, among other things, to: Continue reading “2017 Proposed Legislation Regarding Florida Statutes, Chapter 718”

Two’s Company, but Three’s a Crowd: A Third Party’s Right to Intervene in a Foreclosure Lawsuit

Are subsequent title holders who obtain an interest in real property during the pendency of a foreclosure lawsuit where a lis pendens has been properly recorded (referred to as a “Purchaser Pendente Lite”), entitled to join in the lawsuit to protect that interest? In Bonafide Properties v. Wells Fargo Bank, N.A., 198 So.3d 694 (2d DCA 2016) the Second District Court of Appeal says no and affirms the long standing doctrine of generally barring the intervention of a purchaser pendente lite in a pending lawsuit for foreclosure. Continue reading “Two’s Company, but Three’s a Crowd: A Third Party’s Right to Intervene in a Foreclosure Lawsuit”

Restrictive Endorsement

Restrictive endorsements when coupled with payment are still applicable to associations.

As many may remember, The Florida Legislature amended Florida Statutes §718.116 and §720.3085 to include language relating to the applicability of restrictive endorsements, designations or instruction accompanying payments made for delinquent assessments. Specifically, Florida Statutes §718.116(3) and §720.3085(3)(b) state as follows: Continue reading “Restrictive Endorsement”

Limitations on Community Association Approval or Denial of Service Member Rental Applications

Effective July 1, 2016, § 83.683, Florida Statutes, requires landlords, condominium associations, cooperative associations and homeowners associations to process rental applications submitted by service members within seven days of submission. Within that seven day period, the landlord or association must notify the service member in writing of an application approval or denial and, if denied, the reason for the denial. If a rental application submitted by a service member is not timely denied, the landlord or the association must allow the lease to the service member if he or she has complied with all other terms of the application and lease. The statute applies to all “Service members,” which means any person serving as a member of the United States Armed Forces on active duty or state active duty and all members of the Florida National Guard and United States Reserve Forces. Continue reading “Limitations on Community Association Approval or Denial of Service Member Rental Applications”

Community Associations and the Second Amendment

The Second Amendment to the United States’ Constitution guarantees individuals the right to keep and bear arms. The Florida constitution contains a similar guarantee. With few exceptions, Florida law allows licensed individuals to carry concealed firearms in most public locations. Based on these constitutional and statutory rights under U.S. and Florida law, many owners residing in community associations believe that they also have the right to conceal-carry firearms when on their community’s common elements. In the absence of a provision in the community association’s governing documents, owners may exercise their lawful right to carry concealed firearms on common elements. However, who prevails when an owner’s constitutional and statutory rights conflict with a community association’s attempts to regulate the carrying and use of firearms on its common elements? Continue reading “Community Associations and the Second Amendment”

What Information Is My Community Association Required to Provide in Relation to Sales of Units?

During transfers of properties in condominiums or other planned communities, community associations are frequently contacted by prospective buyers, lenders or realtors with requests for information pertinent to the transfer. Often, these requests seek detailed information about a broad range of topics related to the condition and operation of the community. Complying with such requests can become extremely time-consuming for directors or property managers tasked with preparing the responses. Fortunately, community associations are not required to provide any information to prospective buyers, lenders, or realtors under Florida law. Continue reading “What Information Is My Community Association Required to Provide in Relation to Sales of Units?”

Recent Changes to the Florida Statutes Governing Homeowners Associations

Does your homeowners association require nominations from the floor for an election to the board of directors? Recent changes to the Florida Statutes governing homeowners associations have given some associations the right to forego accepting nominations from the floor during an election of board members. However, your association should analyze its governing documents for compliance with the statutory requirements prior to refusing to accept nominations from the floor. Continue reading “Recent Changes to the Florida Statutes Governing Homeowners Associations”

Shumaker, Loop & Kendrick, LLP Announces Complimentary Community Association Board Member Education Certification

Ellis_Jonathon Both Florida Statutes Chapters 718 and 720 require newly elected condominium and homeowners’ association board members to read their association’s governing documents and certify in writing that they will fulfill the obligations of their office. In lieu of such certification, new board members may complete an education curriculum administered by a division-approved education provider within 90 days of their election. Continue reading “Shumaker, Loop & Kendrick, LLP Announces Complimentary Community Association Board Member Education Certification”