Recently our firm had the experience of representing clients in the first recall arbitration after HB 1237 revised Fla. Stat. 718.112(2)(j), which are the laws governing recalls. Unfortunately, the Florida Statutes conflict with the Florida Administrative Code and since the Department of Business and Professional Regulation (DBPR) operates under the Florida Administrative Code (FAC), DBPR… Read More Recalls After House Bill 1237
It’s that time of year and the Florida Legislature has pass several important revisions to the state laws governing community associations. We will review each of the bills enacted, which were effective July 1, 2017. Our first review is of the changes to the estoppel statutes, Fla. Stat. 718.116 (condominiums) and 720.30851 (homeowner associations). The… Read More Revisions to Florida Law Regarding Estoppels
After several years of arbitration, a trial de novo, both of which our clients won, and an appeal to the Second District Court of Appeals, my clients have been vindicated. The 2nd DCA came back, rather quickly I might add, with a Per Curiam decision affirming our clients’ Final Summary Judgment. For those of you… Read More Huge Win for Unit Owners
A couple of years ago the Florida Legislature passed a bill which allowed homeowner associations to forego elections if there were only enough candidates to fill vacant spots. While I was not sure how the change to Fla. Stat. 720.306(9)(a) would affect elections, weighing the pros and cons of the law, I have to say… Read More Turner v Bulter Farms – Getting A New Board When There Is No Quorum For An Election
Today’s blog is about notice, quorum, the right to speak, the right to record meetings, handling disruptive attendees and meeting minutes. Notice Requirements: The notice requirements for a meeting are contained in the Bylaws and/or Articles of Incorporation of the association. Sometimes they are even contained in the Declarations if special notice is… Read More Board Meetings: How They Should Be Conducted
I personally think this bill is a bad idea. We have enough problems with HOAs which are governed by ancient documents written decades ago! Bill Text Senate Bill 7031 Proposed language: 712.03 Exceptions to marketability.—Such marketable record 33 title shall not affect or extinguish the following rights: 34 (10) A covenant or restriction of a… Read More 2016 Senate Bill 7031 – HOA Declarations Exemption from Marketable Record Title Act
You can view the bill in its entirety at: http://www.hoareformbill.net/PB16SB1122OR.pdf It is sponsored by Senator Alan Hays.
I wrote this to Senator Alan Hayes, House Representative Mike La Rosa, Florida Bar President Ramon Abadin and my friend, Jan Bergemann of Cyber Citizens for Justice (www.ccfj.net): Gentleman, I am writing to you today, as an attorney who represents both homeowners’ associations and homeowners who are being victimized by their associations. The HOA Reform… Read More My Email Regarding HOA Reform Bill and Affordable Legal Representation
This is a frequent call I receive. Here’s my advice: If you were ever late with just one payment, you set into a motion a problem that just snowballs. It may be possible you mailed your check on time but it was not delivered on time. The association is still entitled to late fees, interest… Read More My HOA Turned Me Over to Collections – PLEASE HELP!!!
The biggest complaint I hear recently from people calling my firm for help is bullying and harassment by their association. This is no surprise to me since a ruling last year which basically said if you live in an association you better learn to have a thick skin. The courts and the arbitrators lost their… Read More HOA Bullies & Condo Commandos