Florida Condo & HOA Legal Blog

Fidelity Bond Covers Theft of Association Funds

Becker & Poliakoff — Tue, 15 May 2012 02:35:59 -0500

Question: I am a real estate agent. One of the questions that seems to come up all of the time these days, especially from the mortgage lenders, is whether the association has adequate “fidelity bond” coverage. Can you explain what this means and what the legal requirements are? A.T....

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Pool Heater Considered Material Alteration Requiring Membership Approval

Joseph Adams — Mon, 14 May 2012 04:12:41 -0500

Question: Some unit owners in our fifteen unit condominium want to add a heater to our swimming pool, which has never been heated. Our condominium declaration does not address “material alterations or substantial additions.” Is a vote required and what is the percentage? W.M. (via...

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Florida Supreme Court to Update Limits of CAM Role

Lisa Magill — Fri, 11 May 2012 12:31:06 -0500

In 1996 Community Association Managers (CAMs) were told what they could do as far as certain association matters were concerned. They were also told what they could not do - as some actions were considered the Unlicensed Practice of Law. CAMs were specifically advised not to: ...

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Attorneys Ellen de Haan and Scott Newsom Offer Free Legal Update

Lisa Magill — Fri, 11 May 2012 11:08:51 -0500

Becker & Poliakoff Attorneys Ellen de Haan and Scott Newsom are holding a free Legal Update class for Community Association Managers (CAM) and board members on Wednesday, May 16, at the Morocco Shrine Center in Jacksonville, Florida. This class satisfies the credit requirement for...

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Old Board Not Allowed to Avert Quorum to Elect New Board

Joseph Adams — Thu, 10 May 2012 05:01:59 -0500

Question: Our condominium association has a five member board. Only five people ran for the board, so they are automatically elected. However, some members of the board are calling owners and asking them not to send in their proxies in hopes that there will be no quorum present for the annual...

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Condo Act Is Vague About Making Records Available

Joseph Adams — Tue, 08 May 2012 07:39:51 -0500

Question: In a recent column, you wrote that an “official record” had to be made available within 5 working days from the date of receipt of a request. Doesn’t the association have 10 business days to comply with a written request for documents? V.G. (via e-mail) Answer: This...

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Florida to Receive $8.4 Billion From State/Federal Foreclosure Settlement

Lisa Magill — Thu, 03 May 2012 14:56:59 -0500

As you probably heard, a landmark $25 billion joint federal-state settlement was agreed to with the nation’s five largest mortgage servicers over foreclosure abuses and fraud. According to the Attorney General of Florida, Florida’s share of the total monetary benefits under the...

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Dual Usage of Common Elements Addressed in Condominium Statute

Joseph Adams — Wed, 02 May 2012 16:24:37 -0500

Question: I own a condominium unit. My assessments have always been paid on time. My association is telling me that when I rent out my unit I forfeit my right to use the amenities. I also own a deeded boat slip at the condominium for which I also pay my assessments. I have read one of your articles...

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Federal Lawsuit Filed Against HOAs for Overcharges

Lisa Magill — Tue, 01 May 2012 10:43:39 -0500

It is not unusual to hear complaints about how HOA charges and assessments are too high. It is unusual to see a lawsuit filed against literally hundreds of homeowners associations that includes lenders, loan servicers and collection companies as defendants. The...

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Owner Responsible for Doors

Joseph Adams — Mon, 30 Apr 2012 11:13:52 -0500

Question: I recently attended a condominium education seminar, where an insurance expert stated that if the condominium association insures a part of the condominium property, the association must also maintain, repair, and replace that portion of the property. We have a situation where an owner is...

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HOAs can Waive Down Financial Reports

Joseph Adams — Tue, 24 Apr 2012 11:50:59 -0500

Question: I was reviewing one of your past articles (“By Vote of Owners, Audit Rule Can Be Waived Down”, August 22, 2010). The article dealt with waiver of condominium association audits. My question is whether the same rules apply to homeowners’ associations? L.J. (via...

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Info Packets from Board are Official Records

Joseph Adams — Tue, 24 Apr 2012 11:45:34 -0500

Question: Notice of our condominium association board meetings is posted 48 hours in advance, along with an agenda. Additionally, all board members receive a “board information packet” 72 hours before each meeting. The packets contain printed backup material regarding all agenda items...

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Are Armored Catfish Contributing to Lake Erosion in Your Community?

Lisa Magill — Mon, 23 Apr 2012 16:37:34 -0500

When I was growing up in New York I thought that lakes were either natural bodies of water or created by constructing a dam across a river. I only knew of one man-made lake - it was once a large excavation site. Once all the valuable minerals were removed, the owner gave...

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Attorney Ken Direktor appears on CNN discussing potential association liability on the Trayvon Martin case.

Becker & Poliakoff — Mon, 23 Apr 2012 14:35:43 -0500

Attorney Ken Direktor appears on CNN discussing potential association liability on the Trayvon Martin case.

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Condo Board Has Control of Meeting Minutes

Joseph Adams — Mon, 23 Apr 2012 11:49:10 -0500

Question: Our condominium association board omits details in the meeting minutes that are published to the owners. For example, the board has refused to include the dates, amounts and scope of the contracts they approve. What does Florida law require the board to disclose? What rights do individual...

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Who Can Serve on the Board?

Becker & Poliakoff — Fri, 20 Apr 2012 15:34:48 -0500

Question: I have a question about who can serve on the board of directors of a condominium association. Our association’s bylaws specify that directors must be “members” of the association. The bylaws also specify that only owners of units are members. In our association, we have...

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Driveway Repair Costly

Joseph Adams — Mon, 16 Apr 2012 10:58:20 -0500

Question: Our condominium association is small, just thirteen units. Two of the units are abandoned and extremely delinquent on fees. A third unit is occupied but also delinquent on fees. This particular unit owner has reported a code violation for our driveway to the city. Preliminary estimates...

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CALL Alert for April 13, 2012--Legislative Update

Yeline Goin — Fri, 13 Apr 2012 16:20:47 -0500

HB 1013, which eliminates common law implied warranties in common areas of all communities in the state, was sent today to Governor Rick Scott for his consideration. Governor Scott has until April 28, 2012 to act on the bill. He can sign the bill into law, veto it, or allow it to become...

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Fannie Mae Announces Intent to Pay Condo/HOA Fees on Foreclosed Properties

Lisa Magill — Wed, 11 Apr 2012 12:48:53 -0500

Fannie Mae announced that it requires servicers to ensure any priority liens for delinquent HOA dues and assessments on acquired properties are cleared immediately, but no later than 30 days, after the foreclosure sale or acceptance of a deed-in-lieu of foreclosure. Fannie Mae also...

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Unit Owner Approval Still Needed to Switch Reserves

Joseph Adams — Wed, 11 Apr 2012 10:52:24 -0500

Question: I am the treasurer of a small condominium association. Our board is considering switching to “pooled” reserves. You wrote an article in 2009 stating that if the funds that are currently held in “straight-line” accounts are going to be put into the...

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