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2018 Legislative Update – Chapter 718 The Condominium Act

Here are the 2018 Legislative Updates to the Condominium Act, Chapter 718, with my comments in bold italics: FS 718.303(3)(b), which is the statute authorizing fines and suspensions for violations, has been revised to mirror Chapter 720, the Homeowner Association Act, and provides a fine cannot be imposed unless the unit owner is given at… Read More 2018 Legislative Update – Chapter 718 The Condominium Act

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2018 Legislative Update – Chapter 720 Homeowners’ Association Act

Here are the updates to the Homeowners Association Act, with my comments in bold italics, which will go into effect July 1, 2018: FS 720.303(2)(c)(1) was revised to allow electronic notices by facsimile if the member consents to electronic notices.  Previously electronic notices were limited to email addresses only. FS 720.306(1)(e) was added to require the… Read More 2018 Legislative Update – Chapter 720 Homeowners’ Association Act

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Winning the Assessment Game

A large majority of my practice involves clients who hire me to help them resolve their issues with past due assessments.  Most people do not realize you cannot withhold assessments for any reason, including financial hardship, divorce, death or being dissatisfied with the way the association is being managed.  Once an owner is past due… Read More Winning the Assessment Game

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Who Runs the Association — Management or the Board of Directors?

That’s an easy answer — the Board of Directors!! Strange how many boards or management companies do not understand this simple concept. The management companies are agents of the association.  They are not the board of directors and they must follow the wishes of the board of directors, who make decisions by a majority vote. … Read More Who Runs the Association — Management or the Board of Directors?

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House Bill 841. (2018)

Last year’s legislation attempting to give homeowners greater protections hit some bumpy roads when everyone tried to apply the law, most notably the recall statute revisions. It was simply a case of laws with good intentions, but poor wording. Any hope at fixing these laws to make them more useful and enforceable is being undermined… Read More House Bill 841. (2018)

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Recalls After House Bill 1237

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

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Huge Win for Unit Owners

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

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Turner v Bulter Farms – Getting A New Board When There Is No Quorum For An Election

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