Q: My condominium association board voted to replace the roofs on the condominium buildings, which are 20 years old. I am not aware of any major issue with the roofs. Our condominium documents say that any capital improvement must be approved by a majority of the unit owners. Can the board do this? Read the …
Q: A friend lives in a 55+ deed-restricted community. The HOA there is not mandatory – so if you choose not to join the HOA, you cannot use the community pool or clubhouse, tennis courts, etc. Lately it is apparent they are not enforcing the 55+ status of the community, and several homes are being …
Housing for older person restrictions should be enforced through legal action (FL) Read More »
Q: Can an owner install a security camera to monitor his or her Unit front door entrance area in a condo complex and can the board approve this as an agenda item? Read the Q&A……………………………….
The $1 billion-plus Surfside settlement marks a milestone in the lawsuit over the deadly condominium collapse. It also reveals the role of real estate insurance — and is a harbinger of premium hikes that could reverberate across the industry. Read the entire article……………………………….
Experts say based on the carrier, condo associations could see anywhere between 20 to a 100 percent increase on their insurance premiums. Read the entire article……………………………….
It turns out that the Franks are the only pests in this situation. The president of the HOA said they never changed companies and the company they do have only works outside. Read the entire article……………………………….
Question: My question is whether the treasurer of a condo association is required to be a board member? I have just recently been elected to the board and discovered that our treasurer is not actually a board member, even though I believe our bylaws state that the treasurer is supposed to be on the board. …
Condo Q&A: Must a Treasurer Be on the Board? (FL) Read More »
Investigators with the National Institute of Standards and Technology (NIST) said the point of the probe is to not only find out what happened and who may be responsible for this deadly collapse, but it’s also to prevent similar tragedies at other high-rises. Read the entire article……………………………….
Whenever a massive financial swindle happens in South Florida, the cleanup guy who often gets tapped on the shoulder is Michael Goldberg, a lawyer who listens more than he talks. Read the entire article……………………………….
Attorneys who worked to secure settlements topping $1 billion in the collapse of a beachfront Florida condominium building in which 98 people died are requesting about $100 million in fees and costs, according to a new court filing. Read the entire article……………………………….
Arbitration provisions are becoming more common in construction contracts, but a recent court decision reveals that enforcing these provisions requires more than just placing them in a contract. Contractors, especially those seeking to arbitrate claims involving multiple property owners or an entire homeowner or condominium association, must sufficiently establish that enough of the property owners …
In one recent appellate court case, J.L. Property Owners Association, Inc. v. Schnurr, 2022 WL 39421 (Fla. 4th DCA, January 5, 2022), a developer was found not liable for injuries sustained by a bicyclist who collided with bollards installed by the developer on an association’s common area promenade. Read the entire article……………………………….
Most condos and homeowners’ associations prepared their 2022 budgets in the fall of 2021. At that time, the expectation was for 3-4% inflation in 2022. Unfortunately, we are now dealing with CPI inflation of 8.6% in 2022 and real inflation in South Florida feels even higher. Even if you included 5% contingency in your budget, …
Can your association pay all its bills during the 2022 inflation storm? (FL) Read More »
Imagine: the association has just informed you it is set to begin a massive concrete restoration project. As part of the project, the contractor will need access to the rebar beneath the concrete slab connected to (or in legalese, “appurtenant to”) your unit’s balcony. To access the balcony slab, the contractor will have to remove …
Who Repairs the Incidental Damages Caused by the Association? (FL) Read More »
On May 26, 2022, Florida Governor Ron DeSantis signed the Building Safety Act for Condominium and Cooperative Associations (“Building Safety Act”) into law. The Building Safety Act brings sweeping changes to Florida’s condominium and cooperative association laws, particularly regarding building inspections and reserves. Read the entire article……………………………….
On May 26, 2022, Florida Governor DeSantis signed Senate Bill 4 into law, imposing substantial new structural safety and reserve requirements on Florida condominiums and cooperative associations. The law is effective immediately and is intended to prevent further disasters like the Champlain Towers South collapse in Surfside, Florida. The new requirements include: Read the entire article……………………………….
So last week we discussed the fact that the change in the law will now require every condominium building in the state that is 3 stories or higher and at least 30 years old (25 years old if within 3 miles of the coast) to undergo a Phase One inspection, every 10 years, by a …
Heightened statutory inspection and maintenance requirements in high-rise condominium buildings emphasize the critical importance of similar inspection and maintenance regimens for similarly situated properties. Read the entire article……………………………….
Given Florida’s nickname as the Sunshine State, it is only fitting that solar energy would be the state’s most popular and effective source of renewable energy. In fact, according to the U.S. Energy Information Administration, renewable energy fueled approximately five percent of Florida’s in-state electricity generation in 2020, and almost two-thirds of that came from …
Florida HOAs and Rooftop Solar: Some Restrictions Apply (FL) Read More »
During the recent 2022 Special Session, the Florida Legislature enacted key legislation that significantly impacts community association operations throughout the state, affecting millions of condominium and co-op owners. It is critical that condo and co-op associations, management and the board of directors which govern them, review these changes and take the necessary steps to achieve …
