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

Uncategorized|

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

Uncategorized|

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

Uncategorized|

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?

Uncategorized|

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

Uncategorized|

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

Uncategorized|

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,

4 01, 2016
  • Law, Legislation, Document.

New Year, New Legislation Relating to Community Associations

Uncategorized|

With the new legislative session beginning January 12th, 2016, we begin the New Year introducing new proposed legislation relating to community associations and note their possible effects on community associations. Representative John Cortes filed three separate bills in late November that aim to redefine the roles of several association departments, boards, and regulations.

HB 667: Aims

19 10, 2015
  • Closeup of $100 dollar bills in a row

Levying Fines for Associations

Uncategorized|

Levying fines can be a useful tool for community associations when trying to enforce their rules and covenants.  However, many associations do not levy fines correctly subjecting them to challenge.  Earlier this year, the Florida legislature passed HB 791, which clarified the proper way for associations to levy fines.  The bill makes clear only the Board