Associations, Community, Law
This week we will start our annual review of the legislative changes that impact community associations. On May 25, 2023, this column summarized SB 154, the “glitch bill” regarding structural inspections and reserves. SB 154 was signed by the Governing and is now...
Associations, Board of Directors, Rules Regulations
Secondhand smoke is formed from a burning cigarette or the smoke exhaled by the cigarette smoker. Secondhand smoke contains over 7,000 chemicals, hundreds of which are toxic and nearly 70 can cause cancer. From 1964 to 2014, the Surgeon General reported that 2.5...
Associations, Board of Directors, Florida, Law, Prepare, Safety
It’s that time of year again. As the days get longer and the weather gets hotter, we know that hurricane season is fast approaching. Therefore, this is a good time to review some of the “best practices” to prepare for and protect the association in the event a...
Associations, Board of Directors, Budget, Fines, Florida
The Florida statues governing community associations often provide timeframes for notice to owners before the association can proceed with action, including passage of special assessments, adoption of fines and collections. While some statutory sections allow for...
Associations, Board of Directors, Budget, Q&A
Q: Can members of a condominium association vote electronically/remotely and can they be given their notices by e-mail? (K.R., via e-mail) A. Yes. As these terms are often confused, there are several distinct procedures that are often asked about: Electronic Voting...
Associations, Board of Directors, Budget, Florida, Q&A
Q: Can a spouse of a unit owner, who is not a co-owner of the condominium unit, serve on the board of directors for a condominium association (P.H., via e-mail)? A: It depends on the provisions of your condominium documents. Section 718.112 of the Florida Condominium...
Associations, Board of Directors, Fines, Florida, Payments
Q: We have a condominium unit owner who has not paid dues in over a year. We would like to suspend their legal rights until they are paid up. May we do this? (M.L., via e-mail) A: Section 718.303(4)of the Florida Condominium Act (the “Act”) provides that where a unit...
Associations, Community, Florida
The Florida Condominium Act defines limited common elements as those common elements that are reserved for the use of a certain unit or group of units, as specified in the declaration of the condominium. This definition indicates that the limited common elements are a...
Associations, Community, Inspections
The Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) recently issued new temporary requirements as an attempt to mitigate risk in community association loan underwriting. Many other industries within...
Associations, Inspections, Law, Reserves
Consisting of what I would categorize as relatively minor changes to the sweeping building inspection and reserve laws enacted in 2022, here is a look at Senate Bill 154, which will become law upon signature by the Governor: Inspection Deadlines: The relevance of...