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Condominium & Homeowner Association Law

What Condominium or Homeowners Associations Should Expect at Mediation

November 13th, 2018

Posted in Condominium & Homeowner Association Law

Condominiums and Homeowners Associations often participate in mediation either as part of a lawsuit or as an attempt to settle a dispute prior to litigation. Most Board Members have never participated in a mediation and usually have questions about mediation and the mediation process. Here are some basics about what a Community Association should expect when facing an upcoming mediation.

What is Mediation?

The first thing to understand about mediation is just what it is and what it isn’t. Mediation is an alternative dispute resolution process where a neutral third-party (the Mediator) works with the Association and the other party to try to resolve the parties’ differences in a way that both sides can agree to. It is essentially a conversation, where each party shares their side of the dispute, and the Mediator tries to help them reach an agreement. A mediation is not a trial or hearing, and the Mediator is not a judge or jury. Instead, the Mediator facilitates the discussion about the sources of the dispute and the possible resolution. The benefit of mediation is that the parties are in control of the possible resolution so that it is not decided by a judge, jury, or arbitrator. In order to encourage the parties to be open and work together towards a settlement, the mediation is confidential, and nothing said or presented at mediation can be used against a party later or shared with anyone else.


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Notice and Eligibility Requirements for HOA Elections

October 19th, 2018

Posted in Condominium & Homeowner Association Law

With the nonstop political advertisements on television you have probably figured out that Election Day, November 6, 2018, is right around the corner for the general election.  Homeowner’s Associations, Condominium Owners Associations, and Cooperatives also generally run elections for the board of directors of the association around this time of year.
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Are you a “Certified Board Member”?

August 17th, 2018

Posted in Condominium & Homeowner Association Law

Florida’s Mandatory Condominium, Cooperative, and HOA Certification Requirements for Newly Elected Board Members

All Florida Condominium, Cooperative, and Homeowners Association’s (“HOA”) should be aware that Florida law requires mandatory certification of newly elected members of an Association’s Board of Directors within 90 days after becoming elected to the Board. Failure of a Board Member to meet the certification requirements results in the Board Member being suspended from the Board until the certification requirement is met.


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Surviving Florida’s Marketable Record Title Act

July 6th, 2018

Posted in Condominium & Homeowner Association Law

Florida’s Marketable Record Title Act (“MRTA”), Chapter 712 of the Florida Statutes, was enacted to simplify the title examination process and facilitate real property transactions.  MRTA removes title defects and interests in title from properties and extinguishes stale claims which came into existence more than 30 years ago to enhance the marketability of title. Prior to MRTA’s enaction in 1963, practitioners would have to search title records back as far as the initial Spanish land grants. 
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Hurricane Planning for Community Associations

June 8th, 2018

Posted in Condominium & Homeowner Association Law

Is your condominium or homeowner’s association properly prepared for a natural disaster event such as a hurricane?  The Atlantic hurricane season officially began on June 1st of this year and will continue until November 30th. The season began with a bang as tropical storm Alberto proves you need to be ready now. It is predicted for 2018 that we will have 12 named storms, 6 of which will become hurricanes.

Florida condominium and homeowner associations are encouraged to take the following steps to ensure that they are properly prepared for an upcoming weather event and to put themselves in the best position to respond should damage to property occur. The list below is not all inclusive but should provide a solid basis for preparation.  In addition to seeking advice of legal counsel, community associations should work carefully with their Community Association Manager (CAM), insurance advisors, property maintenance staff, and providers.  
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A Guide to Legislative Changes Affecting Community Associations

April 2nd, 2018

Posted in Condominium & Homeowner Association Law

We’ve prepared the following bottom-line outline of the recent legislative amendments enacted in House Bill 841 affecting Florida condominium, homeowners’, and cooperative associations.  The amendments will take effect July 1, 2018. 
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Associations May Demand Rent from Tenants if Owner Becomes Delinquent

February 2nd, 2018

Posted in Condominium & Homeowner Association Law

Pursuant to Sections 718.116 and 720.3085 of the Florida Statutes governing condominium and homeowner’s associations, respectively, if a condominium unit or home is occupied by a tenant and the owner is delinquent in paying a monetary obligation due to the association, the association may demand that the tenant pay to the association his or her rental payments and continue to make such payments until all the monetary obligations of the owner have been paid in full to the association. 
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Condominium and Homeowners’ Associations Should Coordinate with Legal Counsel Before Obtaining Loans

January 5th, 2018

Posted in Condominium & Homeowner Association Law

The past two hurricane seasons have resulted in many problems that Florida condominium associations, homeowners’ associations, and their managers are experiencing for the first time. Some problems include finding contractors to repair damaged property, negotiating a fair payment with the association’s insurers, and determining how to pay for repairs not covered by insurance (e.g., deductibles).  Associations that do not have sufficient reserve funds to cover the full costs of repairing the damaged property often have limited options to pay for repairs: either levy a special assessment against the members or obtain a loan (or both).  
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