Again, in a budget adopted by an association that is required to obtain a structural integrity reserve study, reserves must be maintained for these items: Roof. Structure, includingload-bearing walls and or other primary structural members and primary structural systems as those terms are defined in s. 627.706. Floor. Foundation. Fireproofing and fire protection systems. Plumbing.…
Blogs
SB 154 – PART TWO – NEW LAWS
THE STRUCTURAL INTEGRITY RESERVE STUDY (g) Structural integrity reserve study.— A residential condominium must have a structural integrity reserve study completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height as determined by the Florida Building Code which includes, at a minimum, a…
SB 154 – PART ONE -- NEW LAWS
Over the next few weeks, we will be blogging about the new laws The Florida Legislature passed, as they relate to Florida Condominiums and HOAs. Today, let’s start with the bill that was supposed to clear up all the glitches in the prior bill regarding milestone inspections and reserve studies. Here we go…… Now……instead of…
THE NEW LAWS: DEVELOPERS ARE PROTECTED YET AGAIN
When a community gets turned over from developer control to unit owner control, the unit owners typically hire experts to determine whether or not the developer has breached their warranty by turning over the property with construction defects. This year, on April 13, Gov. Ron DeSantis signed Senate Bill No. 360 into law wherein the…
IT’S BETTER TO BE RICH
After litigating for 32 years here is what I learned for sure. When litigating, it’s better to be rich. I understand that may be obvious, but as the costs of litigation continue to rise, it’s a lesson that the average Joe needs to learn and learn quick. The bottom line is that it’s better to…
COMMUNITY ASSOCIATION WEBSITES
As you all know by now, Florida condominiums having 150 or more units must have a website that only owners can access and which posts the official records of the association. Here’s a little background as to how the law was passed. When originally drafted, the law was only to apply to condominiums with 500…
PENNY WISE POUND FOOLISH
In light of the new laws requiring mandatory inspections, mandatory repairs and mandatory reserve studies, some associations are looking to cut back and save money. That’s not a bad idea; unless you’re cutting back on your legal counsel reviewing all of the contracts provided to you by those engineers, architects or general contractors who perform…
WHEN YOU CAN’T JUST WALK AWAY
A few weeks ago, I wrote a column about what Board members should do when they are confronted with a person screaming or yelling at them and otherwise acting nuts. In sum, the answer was “just walk away” because in those circumstances there is little you are going to be able to do to convince…
OWE MONEY? YOU MAY NOT BE ALLOWED TO RUN FOR THE BOARD
I feel like I handled a thousand annual meetings in the last month, flying from one to the other. When running the meetings, and depending upon whether the association is a condominium or HOA, it is important to know if the person running for the board, or even the winner of the election, is eligible…
THE GREED BEGINS – IT MAY BE TIME TO REVIEW YOUR MANAGEMENT CONTRACT OR PUT YOUR MANAGEMENT COMPANY IN PLACE
Last week I blogged about the possibility of Board members walking off with your association bank accounts. Bank accounts that are about to explode with mandatory reserves and huge construction contracts that are on the way. Today, let’s talk about what you need to know about your management company. Often times our firm is asked…