Florida Associations' resource for news, legal updates, events & education!
Wednesday, March 20th, 2019 in Announcements, Condo, Health, HOA, Legal by FAN
On March 18, 2019, the governor signed the new medical marijuana changes into law. Currently known as Chapter 2019-1, the legislation expands upon the medical marijuana laws previously implemented. Of particular interest is that the revised laws now permit the smoking of medical marijuana to fall within the definition of “Medical use.” However, the smoking […]
Monday, March 11th, 2019 in Announcements, Condo, HOA, Legal, Management by FAN
Board members and property managers of condominium communities need to be aware that the State of Florida’s Department of Business and Professional Regulation issued revisions to rules pertaining to violations and penalties, 61B-21, Condominium Resolution Guidelines for Unit Owner Controlled Associations, which went into effect December 5, 2018. The disciplinary guidelines detail minor violations and […]
Tuesday, February 26th, 2019 in Announcements, Condo, HOA, Legal by FAN
One of the many perks of living in the Sunshine State is our beaches. Access to the ocean is often from a public park and has long been viewed as a public amenity and free natural resource for both residents and visitors. Questions about the assumption of public access arise, however, when reaching the coastline […]
Monday, February 25th, 2019 in Announcements, Condo, HOA, Legal, Safety by FAN
Community associations have an interest in the safety and integrity of their communities. Generally speaking, boards of community associations would like to be reasonably certain that potential owners, renters and other occupants have the financial capability to meet their financial obligations. Also of concern are potential purchasers’ and tenants’ criminal backgrounds, if any, so as […]
Friday, February 1st, 2019 in Announcements, Condo, Health, HOA, Legal, Safety, Uncategorized by FAN
From a recent Fourth District Court of Appeal case, Seminole Lakes Homeowner’s Association, Inc. v. Esnard, decided December 19, 2018, we once again learn that application of prior case law sometimes creates strange and convoluted results. Just because an association negligently creates obvious conditions for an accident to occur does not necessarily mean the association […]
Wednesday, January 30th, 2019 in Announcements, Condo, Health, HOA, Legal by FAN
In the recent Fourth District Court of Appeal case of Charterhouse Associates, Ltd., Inc. v. Valencia Reserve Homeowners Association, Inc., decided November 28, 2018, the Court determined whether a homeowner is entitled to bring their own personal trainer to the association’s fitness center where the association’s board of directors enacted a new rule prohibiting private […]
Wednesday, December 19th, 2018 in Announcements, Condo, Contracts, Legal, Uncategorized by FAN
Our condominium association clients frequently ask whether they can charge “a new owner fee” or a “working contribution” or “capital contribution” to buyers of a unit. We respond “no.” After our condominium clients get over the initial shock we didn’t provide the usual lawyer answer, “it depends,” the next question usually is “why not”, or […]
Monday, December 17th, 2018 in Condo, HOA, Legal, Pets, Uncategorized by FAN
The dog barks, and the parrot squawks. A neighbor is cooking with too much garlic, again. An owner is smoking non-stop on their balcony making it unpleasant for everyone else. A neighbor, several neighbors, or even many neighbors are complaining to the board. What is a community association board to do? In dealing with any […]
Friday, December 14th, 2018 in Condo, Contracts, HOA, Legal, Uncategorized by FAN
On May 20 2009, just after the peak of the national foreclosure crisis, a federal statute was enacted to help protect a residential tenant who was renting a unit subject to foreclosure from being evicted without being afforded a reasonable amount of time to find alternative housing. The federal law was known as “Protecting Tenants […]
Monday, December 10th, 2018 in Condo, Construction, Contracts, HOA, Legal, Property Maintenance, Vendors by FAN
As happens far too often, contractors bid on an improvement project, start the work, only to later walk off the job. The contractor might do this for one of many reasons: the job was not bid correctly, prices go up, the laborers demand more money, and anything else that leads the contractor to believe they […]