When you rent property in Florida, you have certain rights, as does your landlord. It’s essential to understand the landlord/tenant relationship, how it works, and what to do if you experience any disputes or other issues. Many renters feel powerless against their landlord, and anything the property owner does and says is allowed. It is […]
Tag Archives: HOA Law
What is Developer Turnover to Owner?
When a developer builds a brand-new condo community, there comes a day when the developer must turn over ownership to the homeowner’s association. That process is called developer turnover. What is Developer Turnover? Florida law Section 720.307(1) defines developer turnover as “the transfer of association control from developers to non-developer owners.” When this […]
Six Reasons Why Homeowners Associations Need to Hire Lawyers
Covenant communities with shared amenities and common spaces are great places to live if you want maintenance-free living. Unit owners and members of the board make decisions for the group. However, as with most things in life, sometimes difficult situations occur, and a homeowners’ association needs to have legal counsel. How an HOA Attorney […]
Common HOA Violations That Can Cost You
Moving to a development governed by a homeowners’ association (HOA) invokes thoughts of pristine, manicured yards and well-maintained homes, but those benefits require all homeowners to follow the community’s rules. The failure to comply with an HOA’s covenants, restriction, and rules can lead to penalties, fines, liens, and even costly lawsuits. What is an […]
2022 Condominium Legislation Update: Senate Bill 4D
2022 Condominium Legislation Update: Senate Bill 4D regarding milestone inspections and mandatory structural reserve reports. Click here to view.
Florida HOA Foreclosure 101
When you buy a condominium, townhouse, or single-family home within a community with covenants, you will most often pay monthly fees to cover maintenance and external repairs. It’s essential to know all about HOA (homeowners association) or condominium homeowners association (COA) laws in the state of Florida because if you do not pay your fees, […]
What You Need to Know if You’re Renovating a Home in Miami
Renovating your home can be an exciting prospect. However, it can also quickly become stressful and complex. In some cases, you need to involve the homeowner’s association, or you may need to obtain building permits. Here is everything you need to know before renovating a home in Miami. Avoiding Legal Issues Renovations can inadvertently […]
Preparing Documents an Association is Required to Provide to Prospective Purchasers
In today’s market, homebuyers need to act swiftly and are often under time constraints dictated by the purchase contract. Thus, it is important for condominium associations to be prepared for when a prospective purchaser makes a request for documents that the association is required to provide (and know what an association is not required to […]
Tips For Associations Planning Large Repair And Construction Projects
Maintaining the association’s common elements is one of the primary responsibilities – – and headaches – – for associations and their Board of Directors. The duty is so important, in fact, it comes up multiple times in the Condominium Act (Florida Statute Section 718.111(4) to maintain, repair, lease, and replace the common elements; Section 718.111(3) […]
Association Responses to Requests for Information Regarding Condominium Structural Integrity
In the wake of the devastating collapse of the Champlain Towers South Condominium in Surfside, Florida, many current owners and potential purchasers of condominium units are, understandably, requesting information from associations regarding the structural soundness of the condominium property. Although associations generally do not, and are not required to, release their official records to potential […]
Issues with the 558 Process
Following the tragic collapse of Champlain Towers South, there has been much talk about Florida Statutes Chapter 558, which deals with the process condo/unit owners must follow to file claims for development defects. What is Chapter 558? To provide an alternative method to resolve construction disputes and protect the rights of condo association owners, […]
Will Aventura’s New Law Help Condominium Owners or Simply Expose them to Liability?
The City of Aventura’s recently passed an Ordinance, which represents an effort to regulate structural oversight for community associations in the aftermath of the Champlain Towers tragedy in Surfside. The Ordinance requires community associations, including condominium associations and homeowners’ associations, to share all engineering, architectural, and life-safety reports that are conducted on a building with […]
Legislative Update for Condominium Associations and HOAs
This past summer, the Florida Senate implemented several Senate Bills that were signed by Governor Ron DeSantis, which added new requirements for condominium, homeowners, and cooperative associations. While the below article is not comprehensive of all new legislation impacting housing associations, the following discusses Senate Bill 56 (new rules regarding foreclosures, liens, collection of assessments, […]
Legal Actions Associations Can Take if an Owner Does Not Pay Assessments
Community Associations, including condominium and homeowners’ associations, have specific responsibilities to their owners to ensure that budgets are met and maintenance and operation services are performed. For an association to be able to achieve these goals, owners must pay their assessments in full, and on time. When owners fail to fully or timely pay, the […]
Pre-Turnover Contracts – Condominium Association Members Right to Cancel
Can a condominium association decide to terminate a contract entered into by the developer prior to turnover? If so, what contracts are subject to termination? What are the specific procedural and voting requirements in order to terminate the agreement? What are my options? To answer these questions, it requires the review and analysis of an […]
Should Your Condo Association Adopt Online Voting?
Election season is nearly upon us, and many associations are considering whether to adopt online voting (or “E-Voting”). On July 1, 2015, legislation took effect enacting Section 718.128, Florida Statutes, permitting condominiums, cooperatives and homeowners’ associations to conduct elections and other owner votes through the use of “an Internet-based online voting system.” This article will discuss how […]