Florida ranked No. 2 for HOA complaints nationwide
Homeowner and condo associations are created to maintain property values but can sometimes be a source of anxiety and stress for some property owners. Florida No. 2 in nation for most HOA complaints, study says
Pre-Suit Mediation? Or Not?
Pre-Suit Mediation or Not? A homeowner asked the question on avvo.com if moving from the community would mean he no longer needed to provide his HOA with an offer of pre-suit mediation.Moving would not circumvent the pre-suit mediation requirement because the suit would, I assume, be based on acts that occurred while you were a homeowner. Pre-suit mediation is not just for homeowners either. It covers members, vendors, invitees, licensees, and guests.Not all disputes require pre-suit mediation. FS 720.311(2)(a) provides: Disputes between an association and a parcel owner regarding use of or changes to the parcel or the common areas
Revitalization Q & A
Revitalization Question Today I answered a question on avvo.com regarding the revitalization process and I think it is important to post the question and my response in this blog for those who do not or have not visited the Avvo website.Question: Our HOA’s CC&R’s have expired and an attempt is being made to revitalize the Declaration. In the interim, I am told we are a voluntary association and a not-for-profit corporation governed under FS617. Can the previous Board simply “take over” the corporation and run it without ratification by the owners? There is no confidence in the current Board and their
Secret Board & Committee Meetings
I know it’s been a long time since I wrote a blog, but I have to say it’s not due to laziness, but rather success. I have come up with a creative way to deal with HOAs and COAs (condo associations) pre-suit and business has been brisk. I did answer an interesting question on www.avvo.com just now and I feel I need to share this one. Here it is: My HOA has recently enacted a “fine committee” after the recent change in law (720.305)2). I have tried in vain to find any details of what this committee does, its scope
I’m Back….And the Topic Today is Conducting Board Business in HOAs & COAs
It has been a while since my last blog. I attribute this to the summer peak in business. I don’t know if it’s the hot weather, adults dealing with children home from school for a couple of months, or the people from the North leaving the state and not being around to keep an eye on their association, but business is always brisk in the summer with associations behaving badly. The topic for today is a change in the law stipulating to how board members can conduct board business. It is one I think will generate more litigation because board
HOAs – Don’t Mess with the Disabled!!!
It’s that time of year when all the community association law firms start blogging about the legislative updates to the Florida Statutes that will be enacted July 1, 2014. It’s interesting to read the various blogs because they always include what the writer interprets the meaning of the new statute will be and, if you read more than one blog, you get a more than one interpretation (flag on the play — litigation imminent!). Here’s one that should be real clear and I credit John and Kim Whitt for standing firm and seeking justice. They proposed to our elected leaders