Has your condo association considered going smoke free? Smoke free policies are a growing trend as more and more residents are complaining about cigarette smoke drifting into their units. Smoke free policies reduce the risk of smoking-related fires and increase building safety for residents.
Many condo associations in Florida are adding a smoke free policy as a new amenity to provide clean air.
Other potential benefits of a smoke free policy include:
- Improved health and comfort of residents
- Reduced risk of fires
- Higher property values
- Lower cost of repairs and maintenance
- Reduced premiums on some association insurance policies
If your condo association is thinking of going smoke free, check out this comprehensive guide from Tobacco Free Florida which outlines each necessary step to make your condo smoke free.
by Ashley Dietz Gray, Marketing Director, Campbell Property Management
Very recently, more and more condominium and homeowner associations find themselves as potential defendants in Federal Fair Housing Act (the “FHA”) discrimination litigation due to the association’s website. It is alleged that the failure to make the website easily accessible to those with visual impairments or who are blind is discriminatory. In short, the FHA prohibits making, printing or publishing, with respect to the sale or rental of a dwelling, anything that indicates any preference, limitation, or discrimination based on a handicap, or the intention to make such preference, limitation, or discrimination. Thus, the FHA covers all written and oral notices or statements by a person engaged in the sale or rental of a dwelling. Therefore, as the argument presented is explained, if the association’s website is providing information regarding the sale or rental of units or lots, and proper precautions are not taken to ensure that the website can be “listened to” rather than “read” by an individual who is visually impaired or blind, then that association could be a prime target for the threat of a federal discrimination lawsuit.
Condos and HOAs are generally exempt from ADA requirements because they are not “public accommodations” like hotels, restaurants or retail stores. However, we have seen a recent trend of legal threats against community associations because their websites were not ADA compliant.
Transfer fees are those fees an association may charge in connection with the sale or lease of a unit. There are significant differences between allowable transfer fees for homeowners’ associations as compared against condominium associations. When it comes to transfer fees for condominium associations, Florida law is patently clear – in no event may such a fee exceed $100 per applicant. In spite of this clear limitation, some condominium associations charge more than the statutory maximum, and doing so is not without significant consequence.
Speeding within communities is a dangerous concern for most HOAs. This is especially true for large communities such as Parkland Golf & Country Club (PGCC), which consists of long, wide roads that may tempt some drivers to hammer down on the gas pedal. This speeding concern became a critical issue that the PGCC HOA decided to act upon. The Board of Directors felt that something had to be done before someone got hurt.
For some home buyers, financing the purchase of their new home can be a barrier to entry. Many home buyers need the benefit of an FHA backed loan for their lower interest rates. The Federal Housing Authority (FHA), a part of the Department of Housing and Urban Development (HUD), has provided mortgage insurance on loans made by FHA-approved lenders since its inception in 1934. Until a recent FHA rule change, any buyer interested in purchasing a condominium unit backed by an FHA loan faced the additional hurdle requiring that the condominium project itself must be FHA approved.
The complaint heard often from condominium and HOA board members is in regard to the influx of assistance animals in their “no pet” or pet restricted communities. Few other topics within the body of community association law cause more consternation then the application of the Federal, State and local Fair Housing laws. In fact, one relatively minor misstep from a board member or manager can cost an association tens of thousands of dollars in damages, as well as attorney’s fees and costs. Not only that, but this is one of the very few areas where board members could potentially face individual liability for their actions. Under most circumstances, board members will have protection from liability under the “business judgment rule,” but this is not necessarily the case in the Fair Housing arena.
Unregulated, commercial short-term rental operators are threatening Florida community associations by spending millions of dollars to push for legislation that would force short term rentals into neighborhoods in violation of adopted deed restrictions meant to protect the rights and home values of the homeowners.
