Florida Condo & HOA Legal Blog

Using a Public Adjuster for Your Insurance Claim?

Lisa Magill — Tue, 09 Mar 2010 18:31:25 -0500

OPPAGA Report Finds that Insureds Received Larger Insurance Settlements when Public Adjuster Involved in Claim. Florida Legislature Considers Additional Regulations Governing Solicitation by Public Adjusters. The number of public adjusters in Florida increased by more...

Records Retention: Risks of Failing to Comply with the Statute - Limiting Exposure

Marilyn Perez-Martinez — Mon, 08 Mar 2010 10:00:02 -0500

In my last 2 posts I discussed the dangers of failing to comply with the records retention provisions of Florida law. This post will touch on things the Association can do to limit its exposure. First, the Association needs to ensure it understands exactly which records must be maintained by...

Operation of Golf Carts Being Considered by Legislature

Lisa Magill — Fri, 05 Mar 2010 10:47:00 -0500

What policies does your community have in place regarding the use, storage and operation of golf carts? Can owners ride the golf carts to the local convenience store, coffee shop or hair dresser? Adoption of a new proposal will allow local governments to create their own regulations...

Will Your Insurance Carrier Have the Ability to Pay Claims?

Lisa Magill — Thu, 04 Mar 2010 14:15:39 -0500

Has your carrier been 'red-flagged'? The Florida Association of Insurance Agents and other industry professionals warned the legislature about carrier financial instability, underwriting losses and reductions in surplus funds. Sarasota's Herald-Tribune reports that "Weak...

Your Vote Counts in the Best of Blog Awards

Lisa Magill — Mon, 22 Feb 2010 03:20:21 -0500

We are proud to be nominated as a Best Blog in the Sun-Sentinel's Best of Blog Awards. The voting process is already underway - click HERE to vote for Florida Condo & HOA Law Blog in the Business and Technology Category!

Ignoring Architectural Control Provisions Can Be Costly

Lisa Magill — Thu, 18 Feb 2010 13:20:00 -0500

The governing documents for many community associations provide that the Association must review plans and then issue written consent for construction of improvements or modifications - especially if those improvements or modifications will be visible to other owners,...

Council Addresses Fire Sprinkler Retrofit Requirements

Lisa Magill — Wed, 17 Feb 2010 18:03:23 -0500

Naples City Council Urged by CALL to Adopt Resolution in Support of HB 561 and SB 1222 to Extend Deadline for Compliance with Costly Fire Sprinkler Retrofit Requirements. Collier County Commissioners Expected to Consider Resolution at Upcoming Meeting. Representatives from the State...

Q&A: What Happens After the Association Acquires Title by Foreclosure?

Lisa Magill — Fri, 12 Feb 2010 19:26:57 -0500

A reader recently posed the following inquiry: I am interested in your thoughts about Fee Simple Communities foreclosing on properties and working with the banks to accept a short sale. As President of a small community (65 units) HOA, we have foreclosed on 3 units and soon to be 5. All but one...

Supreme Court of Florida Issues New Foreclosure Rules

Lisa Magill — Thu, 11 Feb 2010 14:57:01 -0500

Amendments to the Florida Rules of Civil Procedure Largely Derived From Recommendations of the Task Force on Residential Mortgage Foreclosure Cases. Some of the changes are as follows: Verification of Mortgage Foreclosure Complaints: This requires the Plaintiff (lender) to attest...

Banker's Push for Fast-Track Foreclosures: Capitol Conversation Update

Travis Moore — Wed, 10 Feb 2010 17:19:27 -0500

First, a quick note of introduction. As stated above, my name is Travis Moore and for the last number of years I have had the privilege of advocating for the interests of CALL members before Florida's policy makers. This includes the Governor's Office and Executive Branch Agencies such as the...

Regulating Florida HOAs - Draft Report Issued by OPPAGA

Lisa Magill — Tue, 09 Feb 2010 11:18:54 -0500

The Office of Program Policy Analysis & Government Accountability (OPPAGA) Issues Report Outlining Various Options for Regulation of Homeowners Associations (HOA). OPPAGA evaluates performance and accountability of various governmental activities. The Draft Report finds...

Records Retention: Risks of Failing to Comply with the Statute - Evidence and Spoliation

Marilyn Perez-Martinez — Mon, 08 Feb 2010 10:00:00 -0500

As promised in last time, this post continues to address issues regarding an Association’s failure to comply with the statutory mandates of records retention. This post is a bit more intense as there are exceptions to consider. Spoliation/Presumption Against the Association in a...

Legislative Update - Community Association Bills heard by House Civil Justice and Courts Policy Committee

Travis Moore — Thu, 04 Feb 2010 13:42:26 -0500

A couple of CA bills of interest were heard by the House Civil Justice & Courts Policy Committee on Tuesday (February 4, 2010) morning. HB 329 by Rep. Robaina was debated and it was decided by the Committee to hold off on taking a vote due to some concerns with the provisions pertaining to the...

Legislative Update - Community Association Bills Already Filed

Lisa Magill — Thu, 04 Feb 2010 13:17:37 -0500

2010 looks like it will be another active year in the foreclosure reform area. According to Yeline Goin, Co-Executive Director of Becker & Poliakoff’s Community Association Leadership Lobby (CALL) “there are already several Bills in play which we expect to generate a lot of...

Records Retention: Going Paperless through E-Archives

Marilyn Perez-Martinez — Fri, 29 Jan 2010 10:00:00 -0500

In response to my last post (Records Retention: Risks of Failing to Comply with the Statute – Fines and the Division) I received a query from a subscriber as follows: With regards to records retention, will you be able to address the paperless office and what records can be scanned and saved...

Does Your D&O Insurance Policy Exclude Property Damages?

Lisa Magill — Tue, 26 Jan 2010 06:10:49 -0500

There May be no Coverage Available for Claims Against the Association for Allegations that Include Failing to Maintain & Repair the Property, Negligence, Breach of Contract and Breach of Fiduciary Duty. Eastpointe Condominium I Association, Inc. v. Travelers Casualty and Surety...

Bankruptcy Court Rejects 99 Year Lease

Lisa Magill — Sun, 24 Jan 2010 19:09:57 -0500

Bankruptcy Court Finds "the Unit Owners are Not a Bottomless Well, From which Water May be Drawn Eternally With No Consequences" and Grants Maison Grande's Motion to Reject Unexpired Lease. As I mentioned in July in Bankruptcy An Option for Finally Distressed Condos...

Independent Contractor vs. Employee - Improper Classification Can Lead to Trouble

Lisa Magill — Mon, 18 Jan 2010 11:58:58 -0500

IRS Audit of City Practices Important Lesson for Community Associations. Improper Classification May Result in Penalties and Tax Liabilities. Many community associations classify maintenance personnel and others as "independent contractors" to avoid withholding federal...

Attention Subscribers: Need to Re-Subscribe

Lisa Magill — Thu, 14 Jan 2010 17:26:25 -0500

The Florida Condo & HOA Law Blog is just about to have its first birthday. Over the past year we have covered important issues to community leaders and managers regarding association operations, insurance responsibilities, collections and foreclosures, legislative changes, new...

Records Retention: Risks of Failing to Comply with the Statute - Fines and the Division

Marilyn Perez-Martinez — Fri, 08 Jan 2010 16:49:31 -0500

You may be wondering why such a simple topic is being addressed in a blog after all isn’t records retention 101 the first thing an Association Board and its managers learn? The truth is I have found that many times the Association simply does not follow the statute and this can cause...