Month: January 2020

So why is it that in some condos and HOAs the bigger the unit or the bigger the home does not necessarily mean the bigger the monthly assessment payment?   For condominiums built before 1992, the developer was able to create a set of documents where anything goes when it comes to what a particular…

Last week we discussed how the expenses of your condominium or HOA get divided among all of the owners.  The blog ended by warning you that there is one type of expense that is not subject to the standard rules, and that’s when it comes to your association’s bulk cable and internet bill. In both…

To keep it simple……in a condominium, when the board sends out its budget, that budget SHALL include reserve accounts for pavement, painting and roofing and anything else expected to cost $10,000.00 to repair or replace. However, the statute says…. This subsection does not apply to an adopted budget in which the members of an association…

I recently represented an individual who lives in a condominium association in Palm Beach County. He originally lost the election because the following types of votes were not counted: Exterior envelopes that the association said were forged; Ballots returned in envelopes other than envelopes provided by the association – but still me the requirements for…

Sometimes I have to write a lot in order to get my point across.  Maybe it’s because the law is not clear.  There are exceptions to the rule.  There are extenuating circumstances.  This is not one of those times.  So let me say this as clear as clear can be: If the governing documents or…

Last week we spoke about what you want to see in a law firm or attorney.  Let’s take it one step further today.  Let’s say that you run into trouble and you get sued, or someone is threatening to sue the association or an officer or director.  What should you do? As a general rule,…

It’s been a while since I blogged about me, or more specifically, attorneys that represent community associations.  I’m curious to know what are the most important factors that go into a Board’s decision to hire counsel.  I’ll list a few and it would be great if you respond to the blog by putting each category…

As many officers and directors of Florida homeowner associations have learned the hard way and now know, the governing documents in a Florida homeowner’s association expire if not properly “preserved” within thirty years of the documents originally being recorded.  That’s right.  Suddenly, you are living in a community not governed by any covenants and restrictions,…

As you all know, Florida law currently mandates that condominium “disputes” are mediated before arbitrators who are employed by the DBPR, rather than being litigated in a court of law.  Florida Statute 718.1255 states: LEGISLATIVE FINDINGS.— (a) The Legislature finds that unit owners are frequently at a disadvantage when litigating against an association. Specifically, a condominium…

The minute it struck midnight on New Year’s Eve, large scale condominium associations were required by law to have their own website.  I’m proud to say I had a hand in getting this law passed.  When the law was first drafted, it was only to apply to associations that had 500 or more units.  This…