Legal Archives - Florida Association News Blog

The following message is from FACTSS.org, a Statewide Steering Committee of volunteers who are concerned Condominium Association leaders from every area of Florida. FACTSS is committed to protect condo owners’ right to opt out of expensive fire prevention systems. An opt-out right that is threatened by pending legislation that is being voted on this week. […]

Tags FACTSS, Fire prevention systems, Florida Condos, Florida Legislature 4 Comments

There are two bills: HB 987 and SB 824 dealing with the regulation of vacation rentals in community associations which are very detrimental to associations in Florida. Both could result in uncontrolled expansion of the use of services like Airbnb and VRBO in your condos and HOA’s. The first is HB 987, which would take […]

Tags AirBnB, CEOMC, HB 987, SB 824, Short-term rentals, VRBO 3 Comments

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 […]

Tags Florida Condominium, Florida HOA, Legal, Legislation, Medical Marijuana 3 Comments

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 […]

Tags Disciplinary Guidelines, Florida Condominium, Florida HOA, Legal, New rules, Penalties, Violations 5 Comments

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 […]

Tags Florida Condominium, Florida HOA, Legal, Private Beach, Public Access, Real Property 1 Comment

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 […]

Tags Compliance, Consumer Reports, Florida Condominium, Florida HOA, Leases, Rembaum Association Roundup, Sales 1 Comment

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 […]

Tags Accidents, Florida Condominium, Florida HOA, Holiday lights in South Florida, Liability, Rembaum Association Roundup, Safety No Comments »

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 […]

Tags Clubhouse, Florida Condominium, Florida HOA, Gym, Personal Trainer, Rembaum Association Roundup 4 Comments

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 […]

Tags Capital Contricution, Fees, Florida Condominium, Florida Condominium Act, Legal, New owner 3 Comments

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 […]

Tags fair housing act, Legal, Neighbors, Nuisance, Pets, Rembaum Association Roundup No Comments »

Florida Association News Blog

Don’t let the state force expensive fire prevention systems on condos that were given the right to opt out

Taking Action Against Short-Term Rentals in Condos and HOAs: Fighting HB 987 and SB 824

Marijuana – Take Two

Florida’s Department of Business and Professional Regulation Issues New Guidelines for Community Associations – Stricter Disciplinary Civil Penalties of Noncompliance Now In Effect

New Private Beach Access Law Limits Local Governments, Attempts to Clarify Possession of Real Property

Use of Consumer Reports In Determining Approval For Sales and Leases – Is Your Association In Compliance?

Creating Conditions That Lead To A Horrific Accident Does Not Always Create Legal Liability

What Do You Mean, I Can’t Bring My Own Personal Trainer To The Clubhouse Gym?

Can Condominiums Charge Capital Contribution Fees?

Nuisances – What Is A Board To Do?

Enjoy the Blog? Sign-up for the FAN Newsletter!