LATEST NEWS & UPDATES
Who is Responsible for Electrical Wiring and Plumbing Repairs?
Disputes over maintenance, repair and replacement responsibilities are common in community associations and a well drafted declaration or amendment to the declaration can help prevent disputes over who (owner or association) is responsible for a specific item of...
HOA Governing Documents Explained
Q: I recently purchased a home in a development that is under a homeowners’ association. When I purchased, I received “the documents” for our community. I am confused how these documents relate to each other and what the different documents are supposed to mean. Can...
Deadline looms for older Florida High-Rises to Install Engineered Life Safety Systems!
Florida’s 2019 60-day Legislative Session will begin on March 5, 2019 and is expected to end on May 3, 2019. The Florida Fire Protection Code, Section 31.3.5.12 of the National Fire Protection Association (NFPA) 101 requires existing (pre-1992) “high-rise” buildings...
Easements by Necessity – Goldman v. Lustig
In the recent case Goldman v. Lustig, Case No. 4D16-1933 (Fla. 4th DCA January 24, 2018), at issue was whether Unit Owners had the right to use and access a dock located behind an adjacent townhouse owner’s waterfront property. The Unit Owners’ complaint sought a...
New Law Requires Recording of Homeowners’ Association Rule Amendments
Q: I am a director in a homeowners’ association. I understand that there have been recent changes to the laws regarding document amendments. Do these changes in the law require that all changes to the rules and regulations made by the board of directors be...
Can or Should Community Associations Impose Firearm Regulations through Governing Documents
The recent senseless slaughter of school children in Parkland, Florida has fueled and reignited the long-simmering debate about gun control in our society. Community associations are not immune to violent tragedies, including gun deaths. We are all familiar with the...
To Record or Not Record? That Is The Question!
Community association boards often ask the question of whether they must record a claim of lien on a property in order to protect the association’s right to recover past due assessments on the property. Although the answer to this question changes based on the...
Owner’s Don’t Have Right to Call in to Board Meetings
Q: My condominium association is mostly composed of seasonal owners and every member of the board leaves town for the summer. At the last board meeting, the board announced that it intends to post notice of upcoming board meetings over the summer on the...
MyCondoNeedsAWebsite.com
In less than a year, condominium associations with 150 or more units (that do not manage a timeshare) will be required to have a website for the purpose of posting digital copies of certain official records so members can access them online. Although it seems like a...