17 04, 2019

2019 Legislative Primer Part II – Busy Year for Legislation Impacting Community Associations

Community Association, Condominium Association, Homeowners Association, Legislation|

Tension and excitement continue to build as we watch this year’s legislative session unfold. One of the pending bills that affects condominiums, cooperatives and homeowners associations HB 1075. The bill is over 100 pages so we cannot address all aspects of it in this article, but let’s look at some of the highlights. The bill

15 01, 2019

When Does Interest Accrue on Delinquent Assessments?

Assessment Collection, Community Association, Condominium Association|

The ability to collect interest for delinquent assessments is found in a community associations governing documents and is also recognized in Fl. Stat. Chapters 718 for condominium associations and 720 for homeowner associations. Specifically, section 718.116(3), Florida Statutes for condominium associations provides in part that unpaid assessments shall bear interest from the due date until

3 12, 2018

Court Decision Extends Time to File Construction Defect Claims Following Proper Pre-Suit Notice

Community Association, Construction Defects|

A new decision out of Florida’s Fourth District Court of Appeal addresses whether providing a mandatory pre-suit notice of construction defect claims satisfies the requirements of Florida’s 10-year Statute of Repose in §95.11(3)(c), Fla. Stat. (2014), even if an actual lawsuit is not filed within that period. In a win for Florida homeowners, the Court

15 11, 2018

Appellate Ruling Limits Viability of Blanket Receiverships

Community Association, Foreclosure|

 

Lack of proper notice was central to the Third District Court of Appeal’s decision in Federal National Mortgage Association v. JKM Services, LLC, Case No. 3D17-370 (Fla. 3d DCA October 3, 2018)  limiting a receiver’s ability to recover fees and costs incurred in his efforts to collect rent after having been appointed by a condominium

5 11, 2018

Supreme Court Ruling Regarding Applicability of Contingency Fee Multipliers May Make Litigating Insurance Coverage Cases More Affordable for Associations

Community Association, Insurance|

Generally, each party involved in a lawsuit is responsible for his or her own attorney’s fees, regardless of who prevails. As with any rule, there are exceptions. For example, a statute or contract can provide that the prevailing party in litigation is entitled to recover their attorney’s fees and costs. The Florida legislature has created

16 10, 2018

The Protecting Tenants in Foreclosure Act is Back

Community Association, Foreclosure, Tenant/Landlord|

In 2009, during the peak of the financial crisis, the US Congress enacted the Protecting Tenants at Foreclosure Act (“PTFA”), which required the party taking title at a foreclosure sale to provide bona fide tenants with a notice 90 days before requiring them to vacate the property and allowed the tenants with leases to occupy

1 10, 2018

Swimming Around Pool Rules in Community Associations

Community Association, Fair Housing Act Issues, Rules and Regulations|

A community associations pools typically have prominently displayed pool rules. Beyond the typical “no diving” or “no glass container” rules, we also often see rules prohibiting children under the eighteen (18) from swimming without an adult supervision. Although these rules may have been enacted from a risk management standpoint, they must also be considered against

17 09, 2018

HUD Considering New Emotional Support Animal Guidelines to Crack Down on Abuse

Community Association, Emotional Support Animals, Fair Housing Act Issues, Rules and Regulations|

Many community associations’ governing documents contain pet restrictions, sometimes prohibiting them all together. Most owners residing in such communities expect they will not encounter a pet not permitted to reside in the community. However, these assumptions are quickly becoming less common with the increasing number of requests for an accommodation by owners wanting to keep

20 08, 2018

Local Central Florida Governments Adopt Ordinances Registering and Taxing Short Term Rentals

Amendments, Community Association, Tenant/Landlord, Uncategorized|

Communities and local municipalities appear to be losing the battle in Tallahassee against the powerful lobbying efforts of the home sharing companies over the power to control transient rentals in residential neighborhoods.

The Florida Legislature in 2011 passed Fla. Stat. §509.032(7)(b) restricting any city or county from prohibiting, or regulating the duration or frequency of short-term

9 07, 2018

Lessons from Hurricane Irma

Community Association, Insurance|

With the 2018 hurricane season already upon us, and the National Hurricane Center predicting a near or above normal year, we can look back at the lessons learned from Hurricane Irma to ensure we are prepared this season.

Insurance

Review your policies with the association’s insurance agent to ensure that the association’s properties are properly insured. Many