A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community....more
No later than October 1, 2024, all Florida homeowners associations must either provide complete copies of their rules and covenants to each member or post complete copies of the rules and covenants on their website and...more
The Florida Marketable Record Title Act (MRTA) is a statute that can have harsh consequences, including the ability to extinguish an Association’s deed restrictions if an Association does not take timely remedial measures,...more
On May 15, 2024, Governor DeSantis signed HB 1645 (2024).
Effective July 1, 2024, HB 1645 (2024) amends Fla. Stat. Sec. 720.3075 as follows...more
On May 29, 2024, Governor DeSantis signed HB 59 (2024) into law.
Effective July 1, 2024, HB 59 (2024) amends Fla. Stat. Sec. 720.303 as follows...more
On May 29, 2024, Governor DeSantis signed HB 293 (2024), which amends Fla. Stat. Sec. 720.3035 as follows...more
6/13/2024
/ Community Associations ,
Condominium Associations ,
Emergency Response ,
Florida ,
Governor DeSantis ,
Homeowners ,
Homeowners Association (HOA) ,
Hurricane Season ,
Natural Disasters ,
New Legislation ,
Property Damage ,
Property Owners
Each year, condominium associations work to obtain insurance at reasonable rates in an effort to comply with their statutory obligations to use “best efforts” to obtain insurance. In recent years, however, insurance rates...more
The Federal Corporate Transparency Act (CTA), which took effect January 1, 2024, requires most homeowners, condominium, and other community associations to report information relating to the association and its directors and...more
2/28/2024
/ Anti-Corruption ,
Anti-Money Laundering ,
Business Associations ,
Condominium Associations ,
Corporate Transparency Act ,
Financial Crimes ,
FinCEN ,
Homeowners Association (HOA) ,
Owners Associations ,
Reporting Requirements ,
Tax Fraud
Each election season, condominium association members elect one or more directors to serve on the association’s Board of Directors. Many members consider their options carefully, understanding the importance of the board and...more
To ensure the validity of its elections, a community association must conduct its elections in full compliance with Florida law and its governing documents, which includes enforcing its voting certificate requirements, if...more
On December 13, 2023, Florida State Senator Rodriguez filed Senate Bill 942 (2024), which, if adopted, would require the Department of Business and Professional Regulation (DBPR) to establish a searchable database of certain...more
Numerous homeowner associations have declarations, covenants, conditions, and restrictions for the storage items on their property, regardless of where the items are stored and whether such items are visible to third parties....more
A condominium association in Florida is required by law to “use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the...more
On June 12, 2023, Governor DeSantis signed into law House Bill 919 (2023), the “Homeowners’ Associations Bill of Rights,” which amends Chapter 720, Florida Statutes, in several meaningful ways, including...more
On June 9, 2023, Governor DeSantis signed into law Senate Bill 154, which substantially modifies statutory safety and reserve requirements previously enacted in response to the collapse of the Champlain Towers South...more
The Federal Fair Housing Act (FHA), as well as the substantially similar Florida Fair Housing Act (FFHA), prohibits discrimination in housing based on a person’s disability. As “housing providers,” homeowners associations and...more
Numerous condominiums and homeowner associations have Governing Documents, or rules and regulations that regulate leasing, including restriction to whom owners may rent. Many associations base their decisions on the results...more
6/27/2023
/ Background Checks ,
Criminal Background Checks ,
Discrimination ,
Fair Housing Act (FHA) ,
Homeowners Association (HOA) ,
Housing Discrimination ,
HUD ,
Landlords ,
Property Managers ,
Rental Property ,
Residential Leases ,
Tenants
Recent years have seen more and more drivers adopting golf carts and low-speed vehicles as alternative modes of transportation in and around, and even outside, their communities. No longer relegated to the greens, sand traps,...more
Each Florida condominium and cooperative association is required, no later than January 1, 2023, to file the following information with the Department of Business and Professional Regulation’s Division (Division) of...more
Based on a recent opinion from the Second District Court of Appeals, Community Associations should consider self-help/abatement rights to cure violations before filing a lawsuit for injunctive relief. ...more
The Florida Department of Business and Professional Regulation (DBPR) released the first five-year adjustment to Estoppel Certificate Fees permitted under Section 718.116(8)(f), Florida Statutes, of the Condominium Act and...more
On March 27, 2020, Florida’s Department of Business and Professional Regulation (“DBPR”) issued Emergency Order 2020-04 in response to the severe outbreak of the Novel Coronavirus Disease 2019 (“COVID-19”)....more
With the coronavirus having been declared a pandemic and rapidly spreading throughout the United States, many Florida community associations are confronting unique issues and need to know how to combat the spread of...more
With the coronavirus having been declared a pandemic and rapidly spreading throughout the United States, many Florida community associations are confronting unique issues and need to know how to combat the spread of...more
Associations are all too familiar with bankruptcy serial filers disrupting foreclosure sales leading to frustrating and costly consequences for the Association. Each new bankruptcy filing by the debtor forces the Association...more