Our firm won an interesting HOA election case two weeks ago in arbitration before the DBPR. I think the case makes for some good precedent here in Florida and deals with an issue that has been plaguing HOAs for all eternity. As we know, each and every year, we get complaints from people that…
Year: 2015
SOME OTHER NEW LAWS THAT MAY OR MAY NOT APPLY IN YOUR ASSOCIATION
We already blogged about a new law that will bring further chaos and confusion to the association election process, and that is the law that now allows voting via the internet if a plethora of conditions are met. The Florida Legislature passed some other association laws as well this year. Let’s see what they say…
ELECTRONIC VOTING – IS IT A SOLUTION OR A PROBLEM?
On Friday, I had the pleasure of being invited to attend a meeting of many representatives from the Department of Business and Professional Regulation, including arbitrators and the Condominium Ombudsman. The purpose of the meeting was to hear from the public in regards to the new condominium statute that would allow Boards of Directors to…
FLORIDA LEGISLATURE CORRECTS FLAWED TERMINATION PROCESS
When the foreclosure crisis was at its peak, developers were complaining that they were in effect stuck with numerous condominium projects that simply weren’t selling. They wanted the ability to at least try and save the project by converting it into a rental community instead of being forced to maintain it as a condominium. The…
VOTING BY COMPUTER --- LET THE GAMES BEGIN
You have all heard the saying “If it ain’t broke, don’t fix it.” Apparently, The Florida Legislature overlooked this concept when it recently passed a bill which authorizes owners in community associations to vote by e-mail in their elections and for other unit owner votes. In condos, H.O.A.s and co-ops, the association may now conduct…
WHO MAKES BETTER BOARD MEMBERS, MEN OR WOMEN?
Happy belated Father’s Day to all of the fathers out there who are reading the blog today. I hope yesterday was filled with fun and joy and you were surrounded by the ones that you love and the ones that love you. If you were, it’s a pretty good guess you were not at the…
CAN A C.A.M. CERTIFY A DIRECTOR?
Certain issues are more near and dear to my heart than others. This is one of those issues. For those of you that have ever attended a Board Certification Course that I teach, I hope you would agree that a lot of hard work and preparation goes into the teaching of the course. Each slide…
HOW ONE ASSOCIATION LOST BIG BY FAILING TO UPDATE THEIR DOCS.
Every now and then, the courts of our state issue an opinion in a case involving a condo or HOA that is very important and certainly worth mention. On June 1st, the 4th District Court of Appeals issued a decision in Pundit 2 Joint Venture v. Westwood Gardens HOA that does not bode too well for some…
THE FALLACY OF COMPETITIVE BIDDING
Sometimes the exceptions to the rule swallow the rule, rendering the rule virtually meaningless. Mandatory competitive bidding is a fine example. The Florida Condominium Act provides: If a contract for the purchase, lease, or renting of materials or equipment, or for the provision of services, requires payment by the association on behalf of any…
THE LAWYERS V. THE MANAGERS --- SO WHO WON?
The long awaited decision by The Florida Supreme Court is finally in regarding what a licensed community association can do, without being accused of practicing law without a license. The Florida Bar tried hard to curtail what community association managers can do without a license to practice law, while the community association managers argued that…