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

17 07, 2018

Association Records: Who Has Space for All These Minutes?

Legislation, Official Records, Uncategorized|

With another legislative session in the books, we are taking a closer look at the new laws to analyze how they will change association life as we know it. One important change impacts the retention of meeting minutes and electronic voting records.

In the past, most association records were maintained for seven (7) years, but

25 06, 2018

2018 Community Association Legislative Update

Amendments, Legislation, Notice of Meetings, Official Records|

In this year’s legislative session, the Florida legislature passed two main community association related bills that will become law in 2018. The first, House Bill 841, provides extensive changes to the statutes governing Homeowner Associations, Condominium Associations, and Cooperative Associations. The second bill of major importance is House Bill 617, which establishes significant changes preserving

15 02, 2018
  • legislative session update

2018 Florida Legislative Session Update – Community Association Related Bills


Florida’s 2018 Legislative Session is in full swing. Following a fairly busy Florida Legislative Session in 2017, there are again a number of proposed bills relating to community associations currently being considered in Tallahassee.   As is our yearly ritual, we are keeping a close eye on proposed legislation relating to community associations. If passed and

15 11, 2017
  • Regulating Leases in Condominiums

Enforceability of Board Adopted Rules Regulating Leases in Condominiums


Many community associations in the State of Florida are looking for ways to combat the growing number of rentals in their communities. About a year ago, the Second District Court of Appeals issued an opinion in Le Scampi Condominium Association, Inc. v. Hall, Case No. 2D15-3208 (Fla. 2d DCA 2016), which could help community associations

1 11, 2017
  • special statute

Florida Supreme Court Justice Lawson Hints at Special Statute of Limitations Considerations When Dealing with Long-Term Notes


Last year, we wrote an article about the Florida Supreme Court ruling that each missed mortgage payment constituted a new default subject to a new five-year statute of limitations clock, meaning most lenders could proceed with foreclosure even after five years from the initial default. Recently, Justice C. Alan Lawson issued an opinion in Bollettieri

8 05, 2017

Florida Supreme Court May Decide Fate of Liens Recorded After Foreclosure Judgments


Real estate investors, municipalities, and community associations may gain some clarity about post-judgment liens if the Florida Supreme Court decides to hear Ober v. Town of Lauderdale By-the-Sea, Case No.: 4D14-4597 (Fla. 4th DCA, January 25, 2017). The case has garnered interest from municipalities, creditors and the real estate sector regarding the enforceability of liens

3 02, 2017
  • medical marijuana

What Impact Will Medical Marijuana Amendment to Florida’s Constitution Have on Community Associations?

Arias Bosinger, Community Association, Legislation|

Many states have placed the legalization of medical marijuana on their ballots in recent years and Florida is no different. A measure legalizing medical marijuana failed in Florida in 2014, gaining only fifty-eight (58%) percent of the vote. However, this past November, Florida voters overwhelmingly approved Amendment 2 which legalized medical marijuana. Seventy-one (71%) percent

16 12, 2016
  • safe harbor

Rare Safe Harbor Victory for Homeowner Associations

Arias Bosinger, Community Association, Legislation, Real Estate Law|

In the case of Federal National Mtg. Ass’n. v. Mirabella at Mirasol HOA, Inc., Case No. 4D 15-4792 (Fla. 4th DCA, November 23, 2016), Florida’s Fourth District Court of Appeal relied on specific language in the Homeowner Association Act’s safe harbor section to rule in favor of a homeowner association over Federal National Mortgage Association (“FNMA”) in

2 12, 2016
  • community associations

New HUD Neighbor to Neighbor Discrimination Regulations Impact Community Associations

Arias Bosinger, Community Association, Legislation, Real Estate Law, Tenant/Landlord|

On September 13, 2016, the U.S. Department of Housing and Urban Development (“HUD”) released final regulations that change how the Federal Fair Housing Act (“Act”) is applied to quid pro quo and hostile environment housing claims within community associations. The new rules, some of which went into effect on October 14, 2016, affect what community