News & Analysis as of

Condominiums Planned Communities Community Associations

Shumaker, Loop & Kendrick, LLP

HB 1203 (2024)’s Amendments to Section 720.3075, Florida Statutes Regarding Commercial Vehicles

A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community....more

Shumaker, Loop & Kendrick, LLP

Client Alert: October 1, 2024 Deadline Approaching for Homeowners Associations to Provide Owners with Rules and Covenants or...

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

Shumaker, Loop & Kendrick, LLP

Client Alert: Governor DeSantis Signs HB 1645 (2024), Prohibiting Homeowners Associations from Limiting the Use of Certain Fuel...

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

Shumaker, Loop & Kendrick, LLP

Client Alert: Governor DeSantis Signs HB 59 (2024), Sets October 1, 2024 Deadline for All Homeowners Associations to Provide...

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

Shumaker, Loop & Kendrick, LLP

Client Alert: Governor DeSantis Signs HB 1203 Affecting Homeowners Associations and Licensed Community Association Managers

Governor DeSantis signed House Bill 1203 (2024), which is effective July 1, 2024 and makes a number of substantial changes to statutes governing Florida community association managers and homeowners associations (HOAs). The...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Community Associations’ Use of Best Efforts to Obtain Insurance

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

Ward and Smith, P.A.

Navigating the Homefront: A Guide to Handling Violations in Community Associations

Ward and Smith, P.A. on

...Every member of a community association agrees to abide by the community's governing documents by virtue of taking ownership of their lot or unit. Community associations sometimes get a bad rap for how violations of the...more

Shumaker, Loop & Kendrick, LLP

Florida Senator Proposes Creation of State Database for Homeowners Association Information

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

Shumaker, Loop & Kendrick, LLP

Florida Statute, 720.3045, Installation, Display and Storage of Items

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

Shumaker, Loop & Kendrick, LLP

Client Alert: Pride and Prejudiced – When to Report Insurance Claims

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

Sands Anderson PC

Keep Calm and Disclose On: Ten Things You Need to Know About the Virginia Resale Disclosure Act

Sands Anderson PC on

On March 23, 2023, the General Assembly of Virginia amended the Property Owners’ Association Act, Condominium Act, Real Estate Cooperative Act, and Horizontal Property Act in the name of standardization, such changes to be...more

Lerch, Early & Brewer

2023 Legislative Update For Maryland Community Associations

Lerch, Early & Brewer on

The Maryland General Assembly’s 2023 legislative session was the first under new Governor Wes Moore and resulted in several new laws that will affect community associations. There were also bills that failed which, had they...more

Downs Rachlin Martin PLLC

How do you Create a Condominium or Planned Community in Vermont?

In our previous article, we discussed the distinction between common interest communities, condominiums, and planned communities.  As we explained, condominiums and planned communities are types of common interest...more

Shumaker, Loop & Kendrick, LLP

January 1, 2023 Deadline for Condominium and Co-Op Building Report to DBPR Approaching

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

Ward and Smith, P.A.

Best Practices For Homeowner Association Directors and Boards

Ward and Smith, P.A. on

Approximately 74.1 million Americans reside in a subdivision, condominium complex, or other planned community that is administered by a community association. Community associations are governed by a board of directors,...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Community Associations: Self-Help or Injunctive Relief

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

Shumaker, Loop & Kendrick, LLP

Condominium and Cooperative Milestone Inspection, Structural Integrity Reserves, and Mandatory Reserve Checklist

STEP 1: Submit and maintain accuracy of building inventory list with DBPR - Has the Association, no later than January 1, 2023, filed and kept current information with the DBPR including the number of buildings on the...more

Shumaker, Loop & Kendrick, LLP

Florida Enacts Major New Reforms for Condominiums and Cooperatives in Response to Champlain Towers South Collapse 

On May 26, 2022, Florida Governor DeSantis signed Senate Bill 4 into law, imposing substantial new structural safety and reserve requirements on Florida condominiums and cooperative associations. The law is effective...more

Obermayer Rebmann Maxwell & Hippel LLP

Homes, HOAs & Harmony?

Homeowners associations, commonly referred to as HOAs, are becoming increasingly popular in many residential communities due to the draw of various amenities and the orderly aesthetic of the homes. An HOA is an organization...more

Shumaker, Loop & Kendrick, LLP

Homeowners Associations and the Marketable Record Title Act (“MRTA”)

Chapter 712, Florida Statutes, the Marketable Record Title Act (“MRTA”), presents a mortal risk to Florida homeowners association, potentially rendering them unable to levy and collect assessments or otherwise enforce their...more

Ward and Smith, P.A.

Buying and Selling Real Estate in the Community Associations Universe

Ward and Smith, P.A. on

Community associations ("COAs") are not typically thought of as property owners outside of perhaps the clubhouse, pool, or tennis courts.  However, COAs can and do own those and other types of real estate in many...more

Stoel Rives LLP

Condominium Law Alert: New Washington Legislation Allows Condominium Developers to Use Earnest Money Deposits Towards Construction...

Stoel Rives LLP on

Washington recently enacted SB 5024 (the “Bill”), which allows developers to use earnest money deposits towards construction costs in certain circumstances. The Bill will become effective on July 25, 2021....more

Ward and Smith, P.A.

Heavy Is the Head That Wears the Crown: Board of Director Authority in a Community Association

Ward and Smith, P.A. on

The Board of Directors for a Community Association functions in a very similar capacity as the Board of a standard corporation. Approximately 95% of all decisions to be made on behalf of a Community Association will be...more

Ward and Smith, P.A.

They Are Taking Our Common Area!

Ward and Smith, P.A. on

The power of eminent domain, also referred to as condemnation, refers to the power of the government or other quasi-governmental entity, such as a utility company, to take private property for a public purpose....more

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