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Condominium & Homeowner Association Law

Condo & HOA Collection Practices

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May 15th, 2020

Posted in Condominium & Homeowner Association Law

Collections practices in Community Association law are largely controlled by Florida Statutes (Section 720.3085  for Homeowners Associations or Section 718.121 for Condominium Associations) as well as adherence to Fair Debt Collection Practices Act and the Association documents such as the Declaration of Covenants. Once courtesy notices have sent to a delinquent owner, accounts should generally be turned over to your attorney for collections. The legal collection process typically starts with a Notice of Intent to Lien being sent to the property owners of record, giving condominium owners thirty (30) days to respond and homeowners association members forty-five (45) days to respond.


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COVID-19 “Coronavirus” Actions for your HOA or Community Association

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April 17th, 2020

Posted in Condominium & Homeowner Association Law

On March 27, 2020, the Secretary of the Department of Business and Professional Regulation (“DBPR”) issued Emergency Order 2020-04 (found here), which clarifies that community associations, including condominium, homeowner and cooperative associations, can exercise the use of emergency powers in light of the Novel Coronavirus Disease 2019 (COVID-19).


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Inspections of Condo and HOA Official Records

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November 15th, 2019

Posted in Condominium & Homeowner Association Law

Condominium and homeowner’s associations are required to maintain the official records* of the association within the state for at least 7 years and make them available to the owners or their authorized representative for inspection within 45 miles of the community or within the same county.  For condominiums, Florida Statute § 718.111(12)(c) requires that the association provide access to the records within 10 business days of receiving a written request.  Failing to provide the records within the 10-day period creates a rebuttable presumption that the association willfully failed to provide the records and the requesting owner becomes entitled to damages in the minimum amount of $50.00 per day beginning on the 11th business day after the request. 


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Filling Vacant Seats on the Board of Directors

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August 30th, 2019

Posted in Condominium & Homeowner Association Law

The typical board of directors for a condominium or homeowner’s association consists either 3, 5, or 7 directors, depending on the governing documents and participation within the community.  The election of directors by the membership generally occurs each year at the annual meeting.   Some associations have trouble finding enough candidates to fill the open director positions at the annual elections, but what happens when a director unexpectedly resigns, passes away or is disqualified before the end of his or her term?  How does the association fill that vacant director’s seat?


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Recently Enacted Law Puts Florida Trees at Risk

July 19th, 2019

Posted in Condominium & Homeowner Association Law,Real Estate Law

Florida is home to some of the most beautiful trees in the world and is known for its oak canopies and palm tree groves that give our cities and neighborhoods their unique look and feel.  Under H.B. 1159, or “Private Property Rights,” which went into effect on July 1, 2019, limitations have been placed on the ability of cities and municipalities to require a permit in order for a homeowner to prune, trim, or remove a tree from his or her property that may pose a danger.  The new law also prevents local governments from requiring a property owner to replant a tree that was pruned, trimmed, or removed.


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Preparing Your Community Association for the 2019 Hurricane Season

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June 7th, 2019

Posted in Condominium & Homeowner Association Law

June 1st marks the official start to the 2019 hurricane season, however, now for the fifth straight year the first storm of the year was named before the season even began.  “Andrea” formed in late May and a new storm, Invest 91L, is currently brewing in the Gulf of Mexico and threatening to become “Barry.” 


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Protecting Associations During Mortgage Foreclosures

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April 5th, 2019

Posted in Condominium & Homeowner Association Law

It has been roughly a decade since the Great Recession began and fortunately the U.S. economy has rebounded significantly since the late 2000s.  During the recession, community associations experienced a record number of delinquencies and mortgage foreclosures.


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When and How Can Community Associations Tow Vehicles?

February 22nd, 2019

Posted in Condominium & Homeowner Association Law

One of the most effective self-help enforcement measures that exists for both Condominium and Homeowner Associations is the power to tow improperly parked vehicles from association-owned or common element property.


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