1 05, 2020

2020 Community Association Legislative Update – Part II

Community Association, Condominium Association, Emotional Support Animals, Homeowners Association, Legislation, Parking, Uncategorized|

At the time of our last Legislative Update article, the Florida Legislature was working on several bills that would significantly impact community associations on a wide range of issues. However, as the 2020 legislative session closed amid the emerging coronavirus pandemic, most of the bills geared specifically toward community associations failed to receive approval, including

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

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

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

15 03, 2018
  • condominium websites

New Statutory Requirements for Condominium Websites


Action alert!  By legislative enact last year, all non-timeshare condominium association with 150 or more units must have an independent, password-protected website or web portal accessible to association members by January 1, 2019.  The website must be wholly owned and operated by the association, or a website or web portal operated by a third-party provided

2 01, 2018

Fourth DCA Invalidates HOA’s Fine for Failing to Provide Proper Notice


The authority to levy fines is a widely used rules enforcement tool by community associations.  However, if the process is not strictly followed, it can result in invalidation of the fine and exposure to liability for expensive legal fees.   

The procedure for fining  is mandated by Fl. Stat. 718.303(3) for condominiums and Fl. Stat. 720.305(2) for homeowner associations.

19 12, 2017

Don’t Get Caught By a Frivolous ADA Lawsuit Without Your Certificate of Conformity


Currently, many commercial and privately-owned facilities including various hotels, restaurants, retail merchants, golf courses, private schools, health clubs, sports stadiums, movie theaters, and are all looking to establish their own unique appeal to grab the attention of their potential consumers. However, one thing they all have in common is the certainty that at any given

15 10, 2017

Should HOA’s Receive FEMA Funds?


With recent storms ravaging homes across the nation, many homeowners are taking a closer look at the laws and regulations put in place to help rebuild after a natural disaster. For most concerned homeowners, one of the main questions is whether or not the Federal Emergency Management Agency (“FEMA”) will offer assistance to community association

12 06, 2017

Be Prepared for Florida’s 2017 Hurricane Season


Florida hurricane season is underway and residents of the Sunshine State may be in for more storms than usual. State officials are warning Floridians to be prepared, noting that Tropical Storm Arlene’s April appearance may be a harbinger.

According to the National Oceanic and Atmospheric Administration (“NOAA”), the Atlantic hurricane season could produce up to 17

15 04, 2016

Proposed Legislation Intended to Provide Servicemen with Ease of Work and Living Creates Issues for Community Associations and Landlords


Senate Bill 184 is set to be presented to Governor Scott for his signature.  This bill, in part, addresses the rental of property to “servicemembers,” and applies to condominiums, cooperatives, homeowner associations, and landlords.  If signed into law, the bill would become Florida Statute Section 83.683.

The pertinent section of Fla. Stat. 83.683 requires a landlord,