LATEST NEWS & UPDATES
Special Assessment Due Dates Not Set by Statute
Q: I understand that the board of directors of my condominium association has the authority to levy special assessments. However, is there any requirement on when special assessments must be due? Does the association have to allow at least 30 days or more before the...
Association Voting in the Electronic Age
Q: I serve on the Board of a very large condominium association. Getting unit owners to return proxies and ballots is difficult (to say the least), making it almost impossible to get voting items to pass. Oftentimes, we have a hard time even getting a quorum. With so...
Emergency Powers for Community Associations
Two and half weeks ago, Hurricane Ian made landfall in Southwest Florida. Hurricane Ian was practically a worst-case scenario for our area and has impacted essentially every person and community. The recovery for many of our communities will take years and the process...
Enforcing the Rules and Regulations in Your Community: All Actions Have Consequences. How Prepared Are You to Enforce Them?
Whether you live in a condominium, cooperative, or homeowners’ association, owners and their guests, tenants and invitees are bound by the association’s governing documents, which may include the declaration, articles of incorporation, and bylaws, and any rules and...
Estoppel Fees Have Increased
In 2017, the Florida Legislature amended the community association statutes to formalize the estoppel certificate process and to establish the amount association were permitted to charge for providing the estoppel certificate. Prior to 2017, the statutes stated that...
‘Estoppel’ Fee Explained
Q: I recently contacted my condominium association to get an account status for refinancing my mortgage. I was charged $299.00, which seems like a lot. Is this a valid charge? (J.R., via e-mail) A: The Condominium Act, the Cooperative Act, and the Homeowners’...
Questions Linger Regarding the New Law Addressing Building Safety
Q: I read the articles summarizing the new law that addresses building safety for certain condominiums. In my condominium association, the owners are responsible for their windows, not the association. However, if I understand it correctly, the new law requires the...
State Publishes Mandatory Condo Form
As previously discussed in this column, the Legislature adopted SB4-D effective May 26, 2022. In addition to imposing new requirements for structural inspections for buildings of 3 stories or more in height, and significantly changing the reserve laws, the new law...
Neighbor’s Secondhand Smoke A Bother
Q: Can a condominium association ban smoking inside condominium unit? I have discomfort and health concerns related to my neighbor’s constant smoking. (M.C., via e-mail) A: There is no case law on this topic, and it is not addressed in the statute. The board is...