3 03, 2020

2020 Community Association Legislative Update – Part I

Community Association, Condominium Association, Homeowners Association, Legislation|

While some legislative sessions can be relatively uneventful for condominiums and homeowner associations, this year there are a number of bills that could have a significant impact on the operation and governance of these communities.

In particular, House Bill 623 – Community Associations includes a number of proposed changes that would significantly impact condominiums, cooperatives, and

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

2 11, 2019

Florida Legislature Provides “Re-Leaf” from Local Government Regulation

Insurance, Legislation|

Residents in Florida are no stranger to the potential hazards posed by dead, dying, diseased, and overgrown trees. In an effort to make the maintenance and removal of such trees easier for residential property owners, Florida passed into law Florida Statute §163.045 (the “Statute”). The Statute limits the ability of local governments to regulate maintenance,

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

19 08, 2019

New Florida Law Aims to Change the ABCs of AOBs

Insurance, Legislation|

 

Governor Ron DeSantis recently signed an Assignment of Benefits (“AOB”) reform bill aimed at protecting Florida consumers from predatory insurance practices. The new law, which took effect on July 1, 2019, is memorialized by the addition of two (2) entirely new sections to Chapter 627 of the Florida Statutes. The new law addresses abuse of

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,

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

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