LATEST NEWS & UPDATES
Why is a Plat so Important?
As an owner of residential property in Florida, you are aware that your community is probably subject to a unique set of “governing documents.” Typically these will include a Declaration of Covenants and Restrictions, Association Articles of Incorporation and Bylaws,...
Legislative Review Wrap-Up
This week we conclude our annual review of 2018 legislation affecting Florida community associations, with a review of the amendments to Chapter 712 of the Florida Statutes, the Marketable Record Title Act, or MRTA, which become effective on October 1, 2018. MRTA is...
Board Members Can Be Recalled Without Cause
Q: I have heard that a condominium board member can be removed from the condominium association board by a process called recall. What causes can be used to justify the recall? (C.Q. via e-mail) A: Section 718.112(2)(j) of the Florida Condominium Act...
Community Association Legislative Guide, 2018
CALL’s Florida Community Association Legislative Guide 2018 is now available. The Guide is applicable to all three types of shared-ownership communities (condominiums, cooperatives, and homeowners’ associations). Of the twenty-plus community association bills filed...
Association Requirements to Hurricane Coverage
Q: To cut costs, my condominium association wants to stop buying hurricane insurance. Are they allowed to do this under the law? (S.W. via e-mail) No. Section 718.111(11)(a) of the Florida Condominium Act requires condominium associations to use their “best...
State Changes Barbecue Grill Rules
Q: Has the law been changed to allow grilling on condominium balconies? (J.S. via e-mail) Yes. The Sixth Edition of the Florida Fire Prevention Code, effective December 31, 2017, permits the use of certain electric grills on condominium balconies. A new edition...
BEWARE: Bankruptcy Do’s and Don’ts
If your Community Association has been spared from bankruptcy in the last decade count yourself lucky. Bankruptcy, in general, is intended to (1) provide a fresh start for the honest, but unfortunate debtor (delinquent owners), and (2) provide equal treatment of all...
Emails as Association Official Records
Whether you live in a condominium, cooperative or homeowner association, the Statute governing your community defines the term “official records.” In defining official records, each Statute has a catch-all provision. All other written records of the association not...
Owners Generally Do Not Have the Right to Approve the Annual Budget
Q: Do condominium owners have a say in approving the annual budget? (D.J. via e-mail) A: Unit owners do not have the right to adopt or approve a proposed budget as a matter of law. The association’s bylaws will address how the budget is adopted, which is...