25 08, 2020

Amendment Procedures in Master/Sub Association Communities with Neighborhood Voting Representative

Amendments, Community Association, Condominium Association, Court Decisions of Importance, Governing Documents, Homeowners Association|

We start with a question that is asked by every licensed community association manager, every director elected to a board, and most of the members in any given condominium or homeowners association across the state – what does it take to amend our association’s governing documents?

The question can be deceptively complex, perhaps because it actually

6 08, 2020

Rule Interpretation Conundrums

Community Association, Condominium Association, Governing Documents, Homeowners Association, Rules and Regulations|

A recent Monroe County court case illustrates the importance of well drafted rules.

In Biza Corp. d/b/a Galway Mobile Home Park v. Jarome Kaczmarek (FlWSUPP 2710BIZ2), the plaintiff mobile home park filed an action to evict Mr. Kacmarek (“Defendant”) from his lot in Galway Mobile Park for his violations of the park rules. The action was

15 06, 2020

Be Reasonable, It’s Good Business Judgment

Community Association, Condominium Association, Court Decisions of Importance, Governing Documents, Homeowners Association, Rules and Regulations|

A recent decision by Florida’s Fourth District Court of Appeals (“4th DCA”) highlights the deference courts in Florida give community association boards of directors when they make informed, reasonable decisions with respect to enforcing restrictions in their governing documents. In Miller v. Homeland Prop. Owners Ass’n, Inc., 284 So. 3d 534 (Fla. 4th DCA 2019),

2 06, 2020

Restrictions in Community Documents Will Be Strictly Construed by Courts

Community Association, Condominium Association, Governing Documents, Homeowners Association|

A community association’s declaration of covenants governs the duties and responsibilities between an association and its owners. When interpreting the text of such documents, courts will apply a rule of strict construction that requires a court to apply any unclear or ambiguous language in the manner most favorable to the owner. Strict construction has a

30 12, 2019

Can Your Community’s Developer Use HOA Capital Contributions Collected at Closings to Offset the Developer’s Deficit Funding Obligation?

Capital Contributions, Community Association, Deficit Funding, Governing Documents, Homeowners Association, Legislation|

Many communities impose a capital contribution (sometimes called an initiation fee) on new owners. This is a one-time, nonrefundable fee paid by the buyer at closing. These fees usually go into a special account used to fund capital improvements and repairs in the community. Both Fla. Stat. §720.308(6) and §720.308(4)(b), prohibit a developer from using

1 04, 2019

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

AirBnB, Condominium Association, Governing Documents, Homeowners Association, Legislation|

The number of pending bills this year affecting community associations in some way or another is substantial. Multiple bills regarding vacation rentals reveal the battle lines in Tallahassee between local governments, communities, and the hotel lobbyists versus the vacation rental companies. Senate Bill 1196 and House Bill 1129 are considered community-association friendly bills that impose

5 03, 2019

Condominiums Can Be Subject to Extinguishment Under The Marketable Record Title Act

Court Decisions of Importance, Governing Documents, Marketable Record Title Act (MRTA)|

An interesting new decision out of Florida’s Second District Court of Appeal addresses whether an Association, whose members are unit owners within a condominium, was entitled to revive its declaration of covenants and restrictions pursuant to the Marketable Record Title Act (MRTA) as it existed in 2016.

As we have addressed in previous posts, generally speaking,

5 09, 2018

New Statutes Bring Streamlined Methods to Preserve Association Governing Documents

Amendments, Governing Documents, Legislation|

As we discussed in our main 2018 Community Association Legislative Update post, this year’s statutory amendments included one of the biggest efforts to date to help community associations avoid the disaster of their governing documents being extinguished by the Marketable Record Title Act (MRTA). As a basic premise, if a community’s governing documents are subject