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

17 12, 2019

Proposed Mortgage Foreclosure Legislation May Negatively Impact Competitive Bidding at Community Association Foreclosure Sales

Assessment Collection, Banks and Mortgages, Community Association, Condominium Association, Foreclosure, Homeowners Association, Legislation, Tenant/Landlord|

In today’s lien foreclosure market, most community associations benefit from competitive bidding at their lien foreclosure sale. Since the great recession a cottage industry sprouted of investors competitively bidding at these sales.  Investors then renovate the properties and rent them until the mortgagee completes its own foreclosure action. This is generally a win/win situation as

3 12, 2019

Is Your Association’s Website Exposing Your Community to Liability for ADA or FHA Violations?

ADA Compliance, Community Association, Condominium Association, Fair Housing Act Issues, Homeowners Association, Legislation, Social Media / Communication, Website Matters|

Let’s face it, we do almost everything online – from shopping to paying bills. Following that trend, many community associations also conduct a lot of activity through a website, including; paying assessments, advertising sales or rentals, or posting documents, notices, minutes, and social calendars for members to easily access. In fact, the Florida legislature passed

30 09, 2019

Should Our HOA Implement a Social Media Policy?

Community Association, Condominium Association, Homeowners Association, Rules and Regulations, Social Media / Communication|

Benefits of social media in the community association context are numerous, not the least of which are speed and reach. Various online platforms enable communities to instantly deliver information to potentially hundreds or thousands of their residents who are regularly glued to their screens. As a result, however, many communities approach the use of social

4 09, 2019

Who’s on First? Condominium Unit Owner Joint and Several Liability for Delinquent Assessments After Foreclosure

Assessment Collection, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association, Legislation|

The First District Court of Appeal decision in Coastal Creek Condominium Association, Inc. v Fla Trust Services, LLC, Case No. 1D18-1457 (Fla. 1st DCA, July 16, 2019) addressed whether a current condominium unit owner is jointly and severally liable for delinquent assessments accruing during the ownership of a remote owner.  Having found that the joint

6 08, 2019

Enforce or not to Enforce? A Community Associations’ Liability in Tort Cases.

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

The Fourth District Court of Appeals recently addressed an association’s liability for failure to enforce no-street parking restrictions in Seminole Lakes HOA, Inc. v. Esnard, Case No. 4D18-15 (Fla. 4th DCA December 19, 2018). The case arose out of a car accident between Esnard and another driver which occurred inside the Seminole Lakes community.

The restrictive

17 07, 2019

Another Fair Housing Case for Community Associations to Swim Around

Condominium Association, Court Decisions of Importance, Fair Housing Act Issues, Homeowners Association, Rules and Regulations, Uncategorized|

The Federal Fair Housing Act, 42 U.S.C. 3601 prohibits housing providers from discriminating on the basis of race, color, national origin, religion, sex, marital status and disability. Most states, including Florida, have their own anti-discrimination laws, such as the Florida Fair Housing Act. In Florida, community associations are bound by both the Federal and Florida

1 07, 2019

Florida’s 2nd DCA Affirms Exception to General Rule of Defendant’s Entitlement to Attorney Fees After Plaintiff’s Voluntary Dismissal

Community Association, Condominium Association, Court Decisions of Importance, Homeowners Association|

The Second District Court of Appeals ruling in Valencia Golf and Country Club Homeowners’ Association, Inc. v. Community Resource Services, Inc. and Orangetee Homeowners Association, Inc., Case No. 2D17-4986 (Fla. 2d DCA, May 22, 2019) is instructive for community associations, and litigants in general, of a party ensuring the issue of entitlement to attorney fees

14 06, 2019

2019 Legislative Update – What Became Law?

Condominium Association, Homeowners Association, Legislation|

As we discussed in our previous Legislative Update post, the Florida Legislature was working on number of bills that would have impacted community associations on a wide range of issues, and would have resulted in major revisions to Florida’s Condominium Act and Homeowners Association Act. However, as the 2019 legislative session came to a close,

15 05, 2019

You Keep Using That Word, But I Do Not Think It Means What You Think It Means – Second DCA Weighs in on Effect of Insured Executing Multiple Assignments of Benefits

Community Association, Condominium Association, Court Decisions of Importance, Homeowners Association, Insurance|

When faced with major property damage, whether caused by burst pipes or hurricane damage, a property owner or community association has a duty to mitigate its loss. That means timely notifying the insurance carrier of the loss and taking reasonable measures to minimize the extent of damage. In the case of burst pipes, mitigation includes