Year: 2019

The question of whether or not you can bring your personal trainer on to the common elements in order to help train or teach you was answered by the 4th District Court of Appeals last week.   In Charterhouse Associates, Ltd., Inc., v. Valencia Reserve Homeowners Association, Inc., here are the facts: Charterhouse Associates, Ltd.,…

What a great time of year.  The best actually.  Everyone seems to be in the holiday spirit. You drive down the streets and people have beautifully decorated their homes.  But what about the people that live in condos and HOAs?  Are they allowed to do the same? In regard to condominiums, Florida Statute 718.113(6) states:…

In three days from now we are supposed to sit around the table stuffing turkey down our throats while reflecting on all the things we should be thankful for.  The easy ones are family and good health.  Some might also be thankful for a new job, new car, new spouse or even new body part(s). …

Both the condo statute and the HOA statute grant owners the authority to record board meetings.  The condo statute states:   718.112: The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items. The division shall adopt reasonable rules governing the tape recording and videotaping…

There is a great book out there called “Don’t Sweat The Small Stuff.”  As you can imagine, the book basically tries to convince you to take things in stride, nothing is ever as bad as it seems and sometimes learn to look the other way.  This is a great way to live, but  if you…

Regardless of what you may think about the impeachment process taking place in Washington, I promise that the impeachment process in your community is worse.   Florida law allows directors in both condominiums and homeowner associations to be removed from office without waiting for the results of the next election.  It’s called the recall process.…

Here we go……We are headed into election season.  It’s a little harder to run an election in a condo than in an HOA, but let’s give some tips to both types of communities. For a Condo If your condo docs call for a range of directors, for example no less than x or no more…

Last week we showed how it’s better to be the developer in an HOA instead of an owner.  Developers can maintain control over a community forever in some instances and don’t even have to provide warranties for anything they build.  Nice. We told you it gets worse and here’s why….. Under Florida law, a developer…

When it comes to Florida Statute 720, there’s no question that you would rather be the developer than the homeowner. At least The Florida Condominium Act has a drop-dead seven year deadline where the developer must turn over majority control of the Board of Directors to the unit owners.  If you’re an HOA however, here…

We all know that condo and HOA board members must get certified within ninety (90) days of getting on to their Board of Directors.  Unfortunately however, Florida law allows board members to get certified either by attending an educational course or by signing a ridiculous, silly, self-serving, nonsensical affidavit that says you read your governing…