Year: 2018

Two neighbors are constantly engaged in fighting.  Can the association simply say “This is a private matter.  It has nothing to do with us.  We are not going to get involved.” It depends………. The nature and circumstances surrounding these arguments may require that the association thrust itself into the middle of the fight, or else…

Some governing documents contain language that limit the number of people that can live in a unit.  For example, the declaration may say something lie “no more than two persons can live in a one bedroom unit” or “no more than four persons can live in a two bedroom unit.”  The question is…..are these provisions…

I hate beating around the bush, so I want to get to the point.  A financial crisis is coming and it’s going to be a big one.  It’s also going to hit those that can least afford it.  It’s going to result in massive amounts of foreclosures.  It’s going to result in countless cases of…

Over the last two weeks, we spoke about the events that trigger turnover and what the developer’s responsibilities to the association are at turnover.  Now comes the hard part.  It is important to understand that the first Board of Directors comprised solely of the unit owners has an awesome responsibility. It is their job to…

Last week, we discussed when turnover from developer control to unit owner control is triggered.  Relinquishing control of the Board of Directors is not the only responsibility of the developer at the time of turnover however.     What Documents Must Be Turned Over by the Developer at Turnover?   Generally speaking, in both an…

  With the thousands of condominium and HOA communities built in the last two decades or so, it was inevitable that The Florida Bar would, and has now officially, recognized Condominium and Planned Development Law as an area of the law where practicing attorneys can distinguish themselves by becoming Board Certified.  Board certification recognizes an…

New condominiums and HOA communities continue to get built all over the state.  The developer gets to control the community while the place is being built and sold, but perhaps the most critical time period in the entire existence of either a condominium or homeowner’s association is when that control of the association eventually passes…

Yesterday was a big day.  I turned 50.  It’s a time to not only reminisce about the past, but also a time to think about the future, and retirement and whether or not a “retirement community” or “55 and over” community is in the future. So, what actually is a “55 and over” community?  Generally…

Let’s assume that a storm has just damaged your condominium.  Of course, the board has the authority to start making repairs to the common elements.  But can a unit owner beging making repairs to their damaged unit with no questions asked? Florida Statute 718.111 states: A unit owner may undertake reconstruction work on portions of…

So you did your job as a director and you made sure to purchase insurance for the association.  So what is actually insured?  Florida Statute 718.111 says:   f) Every property insurance policy issued or renewed on or after January 1, 2009, for the purpose of protecting the condominium must provide primary coverage for: 1. All portions…