When a community association takes legal action to force an owner to comply with deed restrictions, the owner’s first defense is almost always “selective enforcement”. This defense essentially alleges that the association is not treating its members fairly and equally. “Why can I have only one dog” the owner may ask “when the president of the association has two?” If the association has chosen not to enforce a particular restriction against some owners, it may be estopped from enforcing the same provision against other owners who have made similar alterations or violated the deed restrictions in similar ways. Continue reading “Is your association selectively enforcing its deed restrictions?”
Jonathan Ellis and Kathleen Reres attended the Fall 2015 Tampa Bay Condo & HOA Expo at the Tampa Convention Center on October 21, 2015. This Expo attracts industry leaders who share their specialized knowledge and experience and provide relevant, practical tools and information that attendees can take and put to use in their capacity as a board member or property manager.
On July 1, 2015, recent amendments to Chapters 718 and 720, Florida Statutes went into effect which will impact all condominium and homeowners’ associations in the state of Florida.
Chapter 720, Florida Statutes was officially renamed the “Homeowners’ Association Act,” and among the more significant changes, the procedure for fining unit owners for violations of the governing documents has been amended to clarify that fines must initially be levied by the board of directors, subject to an opportunity to be heard before an impartial fining committee whose role is limited to confirming or rejecting the fine. It remains unclear whether a fine must be reviewed by the fining committee where a unit owner fails to actually request a hearing. As a result, we continue to recommend that all fines be made subject to review by the fining committee. Continue reading “Community Associations: Amendments to Chapters 718 & 720, Florida Statutes”