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Sign Up for Our Premier Board Certification Classes @Dave and Busters in Hollywood FL.

Sign Up for Our Premier Board Certification Classes @Dave and Busters in Hollywood FL.

  • Posted: Dec 03, 2019
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Sign Up for Our Premier Board Certification Classes

@Dave and Busters in Hollywood FL.

If you would like to attend and get certified, please fill out the form below and click send. Dont forget to select the event you would like to attend!

http://www.condocrazeandhoas.com/multi-event.php

Condo Craze and HOA’s
Dave and Busters – Hollywood
December 5, 2019 – 5 pm
3000 Oakwood Blvd
Hollywood, FL 33020
(954) 923-5505

 

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Statutory Limitation on Condominium Transfer Fees

Statutory Limitation on Condominium Transfer Fees

Statutory Limitation on Condominium Transfer Fees

A Reminder that the Limit is the Limit

Transfer fees are those fees an association may charge in connection with the sale or lease of a unit. There are significant differences between allowable transfer fees for homeowners’ associations as compared against condominium associations. When it comes to transfer fees for condominium associations, Florida law is patently clear – in no event may such a fee exceed $100 per applicant. In spite of this clear limitation, some condominium associations charge more than the statutory maximum, and doing so is not without significant consequence.

 

In fact, unit owners of a condominium association recently brought a successful class action lawsuit in Miami-Dade County against their condominium association that charged transfer fees beyond the statutory limit. That association now faces a significant financial impact from the suit. Not only must the association return the money charged over the statutory limit to each member of the class, the settlement stipulated that the association must pay $95,000.00 in attorney fees to the law firm representing the residents. The class period was from 2014 to 2019, and the association may end up paying over $200,000.00 to satisfy all the claims in the class. Yikes!

 

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Specifically, section 718.112(2)(i), Florida Statutes, provides that “no charge shall be made by a condominium association in connection with the sale, mortgage, lease, sublease, or other transfer of a unit unless i) the association is required to approve such transfer and ii) a fee for such approval is provided for in the declaration. In no event may such fee exceed $100 per applicant other than husband/wife or parent/dependent child, which are considered one applicant.” The law does allow the association to require a prospective lessee place a security deposit, not to exceed the equivalent of one month’s rent, into an escrow account maintained by the association.

 

It is important to note that the statute requires that the condominium’s declaration provide authority to the association to approve a transfer and to impose the transfer fee. If these powers are not granted in your declaration of condominium, the condominium association may not charge any transfer fee. If the declaration of condominium does provide for a transfer fee, then the association must abide by the statutory maximum.

 

It is not unheard of for more than one condominium association to attempt to circumvent the statutory limitation by changing the name of the fee. Some may call the charges “screening fees” or “move in fees,” but that does not change the fact that the fees are still legally considered transfer fees. Remember, the limit is the limit, regardless of whether the condominium association’s expenses in obtaining credit and criminal history reports exceeds the $100.00 limitation. Any condominium association charging more than the statutory maximum is violating the statute and opens itself up to liability. With the award of attorney fees, there is an incentive for attorneys to bring more cases challenging any transfer fees that violate the statute. Your condominium association could be liable for hundreds of thousands of dollars for charging improper transfer fees.

 

On the other hand, there is good news for homeowners’ associations, these statutory maximums only apply to condominium associations. However, homeowners’ associations are not without some statutory limitation. Section 689.28, Florida Statutes, declares that transfer fee covenants violate public policy by impairing marketability of real property. However, section 689.28(2)(c)7., Florida Statutes, does allow a homeowners’, condominium, cooperative, mobile home, or property owners’ association to charge a fee if the declaration allows such a charge. So, a homeowners’ association may only charge a transfer fee if the authority is granted to the association in the declaration. Just keep in mind, if your declaration specifies a set fee, your association is limited to the fee provided in the declaration.

 

Now is a good time for all board members to review their community’s governing documents and seek advice from the association’s lawyer as to whether any existing transfer fee complies with the statutory requirements. A simple check now can help your association avoid costly litigation in the future.

Article written by Jeff Rembaum of KBRLegal.com 
with permission for SFPMA to republish for our industry.

 

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

Thank You, SFPMA.COM

 

 

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TALLAHASSEE, Fla. — New laws take effect Oct. 1 in Florida, impacting state residents. A total of 27 new laws go in to effect.

TALLAHASSEE, Fla. — New laws take effect Oct. 1 in Florida, impacting state residents. A total of 27 new laws go in to effect.

TALLAHASSEE, Fla. — New laws take effect Oct. 1 in Florida, impacting state residents.

  • 27 new state laws in Florida
  • New laws take effect Oct. 1 
  • Texting while driving ban, hazing and protection of police dogs and horses

A total of 27 new laws go in to effect.

However, the biggest is a provision of a law that already went into effect: holding a phone or other device while driving.

State lawmakers passed a law that made texting while driving a primary offense in Florida. That law went into effect in July. But starting Tuesday, a provision of the law goes into effect that requires drivers to be “hands-free” in certain areas. If you are spotted holding a phone, whether that be talking on it, flipping through emails, playing Pokemon Go or anything else, police can pull you over and cite you if you are driving in a school or work zone.

We talked to drivers in the Bay area who said they support the new law.

“I think it’s smart because the school zone by my house on MacDill, every single time I’m going through there when the lights are on people are just blowing by me, not paying attention,” said John Meyer. “I don’t think these people on their phones are even going to see the crossing guards. It’s a problem and I’m glad they’re doing something about it.”

“I think we need to protect our children first and foremost. It would be horrible to lose a child over a cell phone and I truly believe they need to implement this law,” said Elisandra Garcia.

Up next, especially for college students, a new hazing law comes into effect.

Senate Bill 1080 will target people who plan acts of hazing or recruit others to help – if there is a permanent injury during the hazing, that will now be a third degree felony. Reporting a hazing incident will get you immunity under the new law.

Police dogs and horses are getting some added protection in a new law taking effect tomorrow. Anyone killing or severely injuring a police horse or dog will now face a potential of 15 years in prison. That is a 10 year increase over the current law.

 

Among the laws going into effect:

  • TEXTING WHILE DRIVING. Lawmakers passed a bill (HB 107) that strengthened the state’s ban on texting while driving by making it a “primary” offense, allowing police to pull over motorists for texting behind the wheel. Most of the measure took effect July 1. But starting Tuesday, it will require motorists to go hands-free on wireless devices in school and work zones. The law directs law-enforcement officers to provide verbal or written warnings until the end of the year for motorists who don’t put down cell phones in those areas. Tickets will start to be issued Jan. 1, punishable as a moving violation with three points assessed against the driver’s license.
  • HAZING. A new law (SB 1080) was crafted after Andrew Coffey, a Florida State University fraternity pledge from Lighthouse Point, died in 2017 after drinking a bottle of Wild Turkey bourbon that had been taped to his hand. The law targets people who plan acts of hazing or solicit others to engage in hazing and makes it a third-degree felony if the hazing results in a permanent injury. The bill also provides immunity to people who call 911 or campus security to report the need for medical assistance during hazing incidents.
  • POLICE DOGS AND HORSES. The measure (SB 96) makes it a second-degree felony, up from a third-degree felony, for people who kill or cause great bodily harm to police, fire or search-and-rescue dogs or police horses. The change boosts the amount of potential prison time from five years to 15 years. Supporters said the bill stems, at least in part, from the deaths of Fang, a member of the Jacksonville Sheriff’s Office canine unit shot and killed by a teenager fleeing after carjacking two women at a gas station, and a Palm Beach County Sheriff’s Office police dog named Cigo that was killed in the line of duty.
  • CHILD-LIKE SEX DOLLS. The law (SB 160), in part, makes it a first-degree misdemeanor to sell, give away or show child-like sex dolls. The charge increases to a third-degree felony on subsequent violations. A committee staff analysis said the importation to the U.S. of sex dolls that resemble children has become increasingly prevalent. “Such dolls are manufactured in China, Hong Kong, or Japan and are shipped to the U.S. labeled as clothing mannequins or models in order to avoid detection,” the analysis said.
  • VETERANS’ COURTS. The law (SB 910) removes a requirement that military veterans be honorably discharged to be eligible for participation in veterans’ courts. It also expands overall eligibility to current or former U.S. defense contractors and military members of allied countries. Veterans’ courts are designed to provide treatment interventions to military veterans and active-duty service members who are charged with criminal offenses and suffer from military-related injuries, such as post-traumatic stress disorder, traumatic brain injury or a substance-abuse disorder.

 

 

You can read the other laws going into effect Tuesday below. to get more details on them, go to the Florida House website.

  • CS/HB 9: Community Redevelopment Agencies:
    Requiring ethics training for community redevelopment agency commissioners; requiring a community redevelopment agency to follow certain procurement procedures; requiring a community redevelopment agency to publish certain digital boundary maps on its website; providing termination dates for certain community redevelopment agencies, etc.

 

  • CS/SB 262 Child Welfare:
    Providing for the name of a child’s guardian ad litem or attorney ad litem to be entered on court orders in dependency proceedings; requiring cooperation between certain parties and the court to achieve permanency for a child as soon as possible; requiring the court during an adjudicatory hearing to advise parents in plain language of certain requirements to achieve permanency with their child, etc.

 

  • CS/CS/HB 725 Commercial Motor Vehicles:
    Exempting persons who operate a commercial motor vehicle solely in intrastate commerce which does not transport hazardous materials in amounts that require placarding from certain requirements related to electronic logging devices and hours of service supporting documents until a specified date; extending an exemption from specified commercial motor vehicle requirements for a commercial vehicle having a certain gross vehicle weight rating and gross combined weight rating, under certain circumstances; revising length and load extension limitations for stinger-steered automobile transporters, etc.

 

  • CS/CS/HB 827 Engineering:
    Prohibiting specified services to the department for a project that is wholly or partially funded by the department and administered by a local governmental entity from being performed by the same entity; revising licensure certification requirements to include active engineering experience and a minimum age; revising the timeframes in which a fee owner or the fee owner’s contractor using a private provider to provide building code inspection services must notify the local building official, etc.

 

  • CS/HB 1057 Motor Vehicles:
    Revises provisions relating to motor vehicle lamps, lights, & warning signals; provides requirements & penalties; revises requirements for release statements & pickup notices for damaged or dismantled motor vehicles; authorizes entity that processes certain transactions or certificates for derelict or salvage motor vehicles to be authorized electronic filing system agent; authorizes DHSMV to adopt rules.

 

  • CS/HB 1247 Construction Bonds:
    Requires notice of nonpayment to be under oath; specifies that claimant or lienor who serves fraudulent notice of nonpayment forfeits his or her rights under bond; provides that service of fraudulent notice of nonpayment is complete defense to claimant’s or lienor’s claim against bond; provides that provision relating to attorney fees applies to certain suits brought by contractors.

 

  • HB 1323 City of Tampa, Hillsborough County:
    Revises investment policy provisions to conform with general law.

 

  • HB 1373 Hillsborough County Civil Service Act:
    Repeals special act relating to the establishment of a fair, neutral, & impartial system for administering employee discipline; requires that agency or authority previously covered under act must provide fair, neutral, & impartial system for administering employee discipline of suspension, involuntary demotion, or dismissal & appeals of such discipline.

 

  • HB 7001 OGSR/State University DSO Research Funding:
    Removes scheduled repeal of exemption relating to exemption from public meeting requirements for portions of certain state university DSO meetings at which proposal seeking research funding or plan for initiating or supporting research is discussed.

 

  • HB 7003 OGSR/Alzheimer’s Disease Research Grant Advisory Board:
    Removes scheduled repeal of exemption from public records & meeting requirements for applications provided to Alzheimer’s Disease Research Grant Advisory Board within DOH & review of such applications.

 

  • HB 7009 OGSR/Identification and Location Information/Department of Health:
    Removes scheduled repeal of exemption from public record requirements for certain personal identifying & location information of specified personnel of DOH, & spouses & children thereof.

 

  • HB 7011 OGSR/Division of Emergency Management: 
  • Removes scheduled repeal of exemption from public meeting requirements for information provided to DEM for purpose of being provided assistance with emergency planning.

 

  • SB 7018 OGSR/Public Research Facility/Animal Research:
    Amending a provision which provides an exemption from public records requirements for the personal identifying information of a person employed by, under contract with, or volunteering for a public research facility that conducts or is engaged in activities related to animal research; removing the scheduled repeal of the exemption, etc.

 

  • HB 7025 OGSR/Treatment-based Drug Court Programs: 
  • Removes scheduled repeal of exemption from public records requirements for certain information relating to screenings for participation in treatment-based drug court programs, behavioral health evaluations, & subsequent treatment status reports.

 

  • HB 7033 OGSR/Family Trust Companies:
    Removes scheduled repeal of exemption relating to certain information held by OFR relating to family trust companies.

 

  • SB 7034 OGSR/Automated License Plate Recognition System:
    Amending a specified provision which provides a public records exemption for certain images and data obtained through the use of an automated license plate recognition system and for personal identifying information of an individual in data generated from such images; removing the scheduled repeal of the exemption, etc.

 

  • SB 7036 OGSR/Payment of Toll on Toll Facilities/Identifying Information:
    Amending a specified provision which provides an exemption from public records requirements for personal identifying information held by the Department of Transportation, a county, a municipality, or an expressway authority for certain purposes; deleting the scheduled repeal of the exemption, etc.

 

  • HB 7047  OGSR/Security Breach Information:
    Removes scheduled repeal of exemption from public record requirements for certain information received by Department of Legal Affairs relating to security breaches.
  • HB 7049 OGSR/Florida Consumer Collection Practices Act:
    Removes scheduled repeal of exemption from public record requirements for certain information held by Office of Financial Regulation pursuant to investigation or examination under Florida Consumer Collection Practices Act.
  • HB 7059  OGSR/Concealed Carry License/DACS:
    Removes scheduled repeal of exemption from public records requirements for certain personal identifying information held by tax collector when individual applies for license to carry concealed weapon or firearm.
  • HB 7091 OGSR/Hurricane and Flood Loss Model Trade Secrets:
    Removes scheduled repeal of exemption relating to certain information related to trade secrets used to design an insurance hurricane or flood loss model.
  • HB 7097 OGSR/Informal Enforcement Actions and Trade Secrets/OFR:
    Removes scheduled repeal of exemptions from public records requirements for certain informal enforcement actions engaged in & trade secrets held by OFR.
  • CS/HB 7125 Administration of Justice:
    Providing for reallocation of unencumbered funds returned to the Crime Stoppers Trust Fund; increasing threshold amounts for certain theft offenses; revising criminal penalties for the third or subsequent offense of driving while license suspended, revoked, canceled, or disqualified; requiring the Department of Children and Families to provide rehabilitation to criminal offenders designated as sexually violent predators; establishing eligibility criteria for expunction of a criminal history record by a person found to have acted in lawful self-defense; creating the Task Force on the Criminal Punishment Code adjunct to the Department of Legal Affairs, etc.

 

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HURRICANE SEASON IS HERE – IF YOU SUFFER A CASUALTY, YOU NEED TO KNOW ABOUT THIS NEW LAW

HURRICANE SEASON IS HERE – IF YOU SUFFER A CASUALTY, YOU NEED TO KNOW ABOUT THIS NEW LAW

HURRICANE SEASON IS HERE – IF YOU SUFFER A CASUALTY, YOU NEED TO KNOW ABOUT THIS NEW LAW

A good reason why society provides for prevailing party attorney fees and costs is to make a potential plaintiff think twice before filing a lawsuit. Imagine being able to sue your adversary in court without worry that if you lose you will NOT have to pay prevailing party attorney fees and costs to the other side. Such a situation could lead to an avalanche of lawsuits, and that is exactly what happened when Florida laws permitted contractors holding an “assignment of benefits” in their favor, who were unhappy with the award from the insurance company, to sue the insurance company with nothing to lose but to pay for their own attorney. Simply put, an assignment of benefits is an agreement transferring a homeowner’s insurance benefits to a contractor who may then file a claim against the homeowner’s insurance policy without the involvement of the homeowner. Notwithstanding the assignment of benefits, the homeowner is still responsible to pay the insurance premium and deductible. If the contractor then makes a claim against the insurance policy and is unhappy with the insurance proceeds received, the contractor can sue the insurance company with no threat of having to pay prevailing party attorney fees if the contractor lost its lawsuit against the insurance company. Without the fear of a prevailing party attorney fees award, these types of lawsuits became very prevalent. Insurers claim that this led to ever increasing insurance premiums. Not anymore!

 

Due to the passage of House Bill 7065 (“HB 7065”), officially taking effect on July 1, 2019, consumers may begin to notice a decrease in their insurance premiums as HB 7065 creates liability for the contractor for attorney fees and costs based upon the difference between the amount recovered and the amount offered during settlement negotiations as compared to the disputed amount. When HB 7065 takes effect, if the contractor holding the assignment of benefits sues and the difference between the judgment obtained by the contractor and the presuit settlement offer by the insurer is less than 25% of the disputed amount, the insurer is entitled to an award of reasonable attorney fees. On the other hand, if the difference between the judgment obtained by the contractor and the presuit settlement offer by the insurer is at least 50% of the disputed amount, the contractor is entitled to an award of reasonable attorney fees. Finally, if the difference between the judgment obtained by the contractor and the presuit settlement offer by the insurer at least 25%, but less than 50%, of the disputed amount, no party is entitled to an award of attorney fees.

 

Insurers claim that the old system resulted in abuse of property insurance claims, as contractors were inflating repair costs and essentially operating without significant financial risk during insurance litigation, thus allowing contractors to assert numerous claims in hopes that one would stick. As a result, insurance companies were left bearing the costs of these lengthy litigation’s, and thus, sought to recover their litigation expenses through the consumer – the homeowner – by increasing insurance premiums. While a homeowner is still able to enjoy the benefits of the one-way attorney fee privilege, this right is no longer transferable to the contractors through assignment of benefits. Clearly, this is a drastic change that will affect contractors around the entire State.

If you have any questions regarding the impact of this new law, please discuss them with your association’s attorney.

With hurricane season approaching, in the event you experience a casualty, before signing an assignment of benefits in favor of the contractor who shows up, often uninvited, not only do you need to read the fine print, but it is strongly suggested you have an attorney review the assignment of benefits contract first.

http://rembaumsassociationroundup.com/2019/06/19/hurricane-season-is-here-if-you-suffer-a-casualty-you-need-to-know-about-this-new-law/

BROUGHT TO YOU BY:  https://kbrlegal.com/

Legal Sponsors of SFPMA  with offices in Pompano Beach, Palm Beach and Tampa Florida.

EMERGENCY POWERS  

HOMEOWNERS’ ASSOCIATIONS

 

720.316 Association emergency powers.—

(1) To the extent allowed by law, unless specifically prohibited by the declaration or other recorded governing documents, and consistent with s. 617.0830, the board of directors, in response to damage caused by an event for which a state of emergency is declared pursuant to s. 252.36 in the area encompassed by the association, may exercise the following powers:

(a) Conduct board or membership meetings after notice of the meetings and board decisions is provided in as practicable a manner as possible, including via publication, radio, United States mail, the Internet, public service announcements, conspicuous posting on the association property, or any other means the board deems appropriate under the circumstances.
(b) Cancel and reschedule an association meeting.
(c) Designate assistant officers who are not directors. If the executive officer is incapacitated or unavailable, the assistant officer has the same authority during the state of emergency as the executive officer he or she assists.
(d) Relocate the association’s principal office or designate an alternative principal office.
(e) Enter into agreements with counties and municipalities to assist counties and municipalities with debris removal.
(f) Implement a disaster plan before or immediately following the event for which a state of emergency is declared, which may include, but is not limited to, turning on or shutting off elevators; electricity; water, sewer, or security systems; or air conditioners for association buildings.
(g) Based upon the advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the association property unavailable for entry or occupancy by owners or their family members, tenants, guests, agents, or invitees to protect their health, safety, or welfare.
(h) Based upon the advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the association property can be safely inhabited or occupied. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration.
(i) Mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the association property.
(j) Notwithstanding a provision to the contrary, and regardless of whether such authority does not specifically appear in the declaration or other recorded governing documents, levy special assessments without a vote of the owners.
(k) Without owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association if operating funds are insufficient. This paragraph does not limit the general authority of the association to borrow money, subject to such restrictions contained in the declaration or other recorded governing documents.
(2) The authority granted under subsection (1) is limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the parcel owners and their family members, tenants, guests, agents, or invitees, and to mitigate further damage and make emergency repairs.
History.—s. 19, ch. 2014-133.

EMERGENCY POWERS  

CONDOMINIUM ASSOCIATIONS

 

718.1265 Association emergency powers.—

(1) To the extent allowed by law and unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent with the provisions of s. 617.0830, the board of administration, in response to damage caused by an event for which a state of emergency is declared pursuant to s. 252.36 in the locale in which the condominium is located, may, but is not required to, exercise the following powers:

(a) Conduct board meetings and membership meetings with notice given as is practicable. Such notice may be given in any practicable manner, including publication, radio, United States mail, the Internet, public service announcements, and conspicuous posting on the condominium property or any other means the board deems reasonable under the circumstances. Notice of board decisions may be communicated as provided in this paragraph.
(b) Cancel and reschedule any association meeting.
(c) Name as assistant officers persons who are not directors, which assistant officers shall have the same authority as the executive officers to whom they are assistants during the state of emergency to accommodate the incapacity or unavailability of any officer of the association.
(d) Relocate the association’s principal office or designate alternative principal offices.
(e) Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal.
(f) Implement a disaster plan before or immediately following the event for which a state of emergency is declared which may include, but is not limited to, shutting down or off elevators; electricity; water, sewer, or security systems; or air conditioners.
(g) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the condominium property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.
(h) Require the evacuation of the condominium property in the event of a mandatory evacuation order in the locale in which the condominium is located. Should any unit owner or other occupant of a condominium fail or refuse to evacuate the condominium property where the board has required evacuation, the association shall be immune from liability or injury to persons or property arising from such failure or refusal.
(i) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the condominium property can be safely inhabited or occupied. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration.
(j) Mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property, even if the unit owner is obligated by the declaration or law to insure or replace those fixtures and to remove personal property from a unit.
(k) Contract, on behalf of any unit owner or owners, for items or services for which the owners are otherwise individually responsible, but which are necessary to prevent further damage to the condominium property. In such event, the unit owner or owners on whose behalf the board has contracted are responsible for reimbursing the association for the actual costs of the items or services, and the association may use its lien authority provided by s. 718.116to enforce collection of the charges. Without limitation, such items or services may include the drying of units, the boarding of broken windows or doors, and the replacement of damaged air conditioners or air handlers to provide climate control in the units or other portions of the property.
(l) Regardless of any provision to the contrary and even if such authority does not specifically appear in the declaration of condominium, articles, or bylaws of the association, levy special assessments without a vote of the owners.
(m) Without unit owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient. This paragraph does not limit the general authority of the association to borrow money, subject to such restrictions as are contained in the declaration of condominium, articles, or bylaws of the association.
(2) The special powers authorized under subsection (1) shall be limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the unit owners and the unit owners’ family members, tenants, guests, agents, or invitees and shall be reasonably necessary to mitigate further damage and make emergency repairs.
History.—s. 15, ch. 2008-28.

 

In the event of Damage to your Buildings and Filing a Claim:

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BECOMING A PAPERLESS ASSOCIATION

BECOMING A PAPERLESS ASSOCIATION

BECOMING A PAPERLESS ASSOCIATION

by Enrolled Agent Steven J. Weil, Ph.D., EA, LCAM,
Royale Management Services, Inc.
Is it time your association did away with paper records? Paper records take up lots of space, are difficult to share and expensive to store, not to mention the fact that they often attract bugs and other vermin.
Digital records, on the other hand, allow nearly unlimited storage using little or no physical space. Combine this with easy back-up, ease of access and decreased probability of loss of records or mis”ling, and digital records can be very appealing. They are also easier to search, harder to change and can be easily protected from loss due to “re, $ood or other disasters via “cloud” back up. Computer data storage in the “cloud” is inexpensive or sometimes free, and it is encrypted for security. Files can be organized into folders and quickly and easily accessed. Best of all, digital records can be shared and still remain intact so that records are never missing.
The State of Florida is on board. Condominiums with 150 or more units are now required by law to maintain a website and to post a myriad of association documents on it that are accessible only by unit owners.
There are legal considerations in any transition to paperless. It’s a good idea to be sure that the Statutes and the association’s governing documents do not mandate the use of paper documents delivered by mail. Association documents are generally silent on the topic of digitized
records. In fact, they typically don’t even cover paper records since many were written when no other form of record keeping existed. In the absence of any reference to how records are to be maintained other than that they must be maintained, electronic records meet all the requirements.
Florida community associations are permitted to send membership meeting notices and certain board meeting notices to the owners electronically only if the association obtains the written consent of the subject owner.
Further, association business conducted by Board members via email must be retained since they may need to be accessed in the event of a lawsuit.
Association business should be conducted on a dedicated email account, and document storage should be handled with care.
Here at Royale Management, we have been digitizing our associations’ records for many years; and while we still have a few clients that have insisted on keeping paper records, we are in the process of converting those associations to digital records as well.

 

Royale Management Services, a registered and licensed community association management corporation in Florida, works with association Boards of Directors throughout South Florida to oversee the daily activities required for proper management, helping to educate them on their responsibilities, duties, and obligations. Royale’s team members are highly trained in all aspects of community association management and customer service to ensure that proper procedures are followed that keep the association in compliance with all of the rules governing elections, budgeting, accounting, operation, collection and assessment. The #rm and its president are members of the Community Association Institute (CAI),State of Florida Property Management Association (SFPMA) and the Fort Lauderdale Chamber of Commerce.
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HUD to Strengthen Landlords’ Rights in Service Animal

HUD to Strengthen Landlords’ Rights in Service Animal

  • Posted: Jun 15, 2019
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HUD to Strengthen Landlords’ Rights with Service Animals

Landlords and property managers are entitled to “reliable verification” of a tenant’s need for a service animal and can require proof beyond an online certification, a Department of Housing and Urban Development official said Tuesday at the REALTORS® Legislative Meetings & Trade Expo in Washington, D.C.

Lynn Grosso, director of HUD’s Fair Housing and Equal Opportunity Enforcement Office, told the Land Use, Property Rights & Environment Committee that a predatory cottage industry has developed for assistance animal certifications. Consumers are being misled to believe that an online verification letter—often provided by unlicensed medical professionals at a cost of a few hundred dollars—guarantees them the right to have an animal in multifamily housing regardless of pet policy, she added.

“HUD does not recognize these pay-to-play certifications as reliable,” Grosso said. “You should not feel held hostage by a policy where tenants don’t have to demonstrate in a reliable manner a legitimate need for the assistance of an animal.”

Grosso said HUD is developing new guidance that will address for the first time what “reliable verification” means as it pertains to tenants’ service animal requests. It’s not clear when the guidance, which is currently under federal review, will be released.

But Grosso offered some clarity to the committee Tuesday on the substance of the guidance. While landlords and property managers are legally prohibited from inquiring about the nature or severity of a tenant’s disability, they can express concern about the reliability of a service animal certification letter and provide steps for the tenant to take for further verification. This may include asking the tenant to provide additional documentation from their medical provider. The most reliable form of verification is a letter from a medical provider who has a history of treating the tenant, and the letter should name the tenant’s disability and the animal most qualified to assist him or her, Grosso said. “It’s best to have a policy on this issue rather than doing it on an ad hoc basis,” she added.

However, if you can “readily observe” that a tenant has a disability and an animal that provides a service, it’s wise not to push the issue of additional verification, Grosso said. She added that HUD’s forthcoming guidance also will address exotic animals such as alligators and the number of animals each individual tenant can request in their unit.

It’s important not to trivialize the issue of service animals because of abuses of the law, Grosso said. “Very often, there is some nefarious attribution to people who request assistance animals,” she said. “But many times, there are people with significant disabilities who legitimately need the assistance of a service animal. They bear the burden of the effects of service animal abuses.”

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Tampa Office Is Now Open & Attorney Shawn Brown Joins KBR

Tampa Office Is Now Open & Attorney Shawn Brown Joins KBR

  • Posted: Jun 05, 2019
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Tampa Office Is Now Open  & Attorney Shawn Brown Joins KBR

The award-winning service you have to come to expect from Kaye Bender Rembaum now reaches the Tampa area with the opening of our third office location. Shawn Brown, Esq. joins the firm and is named managing attorney for our Tampa location.
Mr. Brown is Board Certified in Condominium and Planned Development Law and is an active member of its Committee, where he serves as Chair of the Safe Harbor Subcommittee. He is also a member of the legislative review group, and is tasked with reviewing and providing comments and edits to the legislation affecting community associations each legislative session. Mr. Brown also served with the Auxiliary Committee, reviewing and editing various chapters in the 4th Edition of the Florida Condominium and Community Association Law, published by the Florida Bar. Mr. Brown also sits on the Real Property Litigation Committee, where he chairs the Judicial Litigation Support and Education Subcommittee, and the Problem Studies Committee of the Real Property, Probate and Trust Law Section of The Florida Bar. In addition, Brown was recently appointed by the President of The Florida Bar to the Condominium and Planned Development Law Certification Committee where he will now review and approve applications of attorneys seeking to become board certified in Condominium and Planned Development Law.
Mr. Brown’s focus has been exclusively on the practice of all aspects of community association law, representing condominium and homeowner associations and handling issues ranging from collection of assessments and foreclosures to covenant enforcement and litigation. He is routinely invited to provide both association boards of directors and community association managers with regular legislative and case law updates.
We are very excited about our new Tampa location and having Mr. Brown join Kaye Bender Rembaum’s award-winning team.
Our new office is located at 1211 N. Westshore Boulevard in Tampa, and can be reached at 813-375-0731.

COME HELP US CELEBRATE

RSVP: Mary@KBRLegal.com

 

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Kaye Bender Rembaum, with offices in Pompano Beach and Palm Beach Gardens, has opened an office in Tampa and named Shawn Brown, Esq. as Managing Attorney.

Kaye Bender Rembaum, with offices in Pompano Beach and Palm Beach Gardens, has opened an office in Tampa and named Shawn Brown, Esq. as Managing Attorney.

  • Posted: May 10, 2019
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Community Association Law Firm Kaye Bender Rembaum

Opens Third Office in Florida

Shawn Brown, Esq. joins Firm as Managing Attorney of new Tampa office

 

SOUTH FLORIDA – Leading Florida association law firm Kaye Bender Rembaum, with offices in Pompano Beach and Palm Beach Gardens, has opened an office in Tampa and named Shawn Brown, Esq. as Managing Attorney.

“This is a tremendous opportunity for us to expand our footprint on the west coast,” said Robert Kaye, Esq., managing Firm member of Kaye Bender Rembaum. “Shawn shares our commitment for delivering exceptional service to our clients. His knowledge and experience will be an asset as we continue to build our presence in the Tampa market.”

Prior to joining Kaye Bender Rembaum, Brown was a partner in the law firm of Frazier & Brown and the law firm of Redding & Brown, both in Tampa.

Board Certified in Condominium and Planned Development Law by The Florida Bar, Brown is an active member of the Condominium and Planned Development Committee where he serves as chair of the Safe Harbor Subcommittee, is a member of the legislative review group and is tasked with reviewing and providing comments and edits to the legislation affecting community associations each legislative session. He also served as a member of the Auxiliary Committee, reviewing and editing different chapters in the 4th Edition of the Florida Condominium and Community Association Law published by The Florida Bar. Brown also sits on the Real Property Litigation Committee, where he is chair of the Judicial Litigation Support and Education Subcommittee, and the Problem Studies Committee of the Real Property, Probate and Trust Law Section of The Florida Bar.

“I am thrilled to join such a well-respected Firm with a proven track record of success in community association law,” said Brown. “I look forward to this opportunity and

growing our presence here with existing and new clients.”

Brown’s focus has been exclusively on the practice of all aspects of community association law and regularly practicing before the trial and appellate levels of state and federal courts, including arguing before the Florida Supreme Court and administrative agencies such as the Florida Division of Condominiums. He has extensive experience in all aspects of community association law and real estate law, representing condominium and homeowner associations and handling issues ranging from collection of assessments and foreclosures to covenant enforcement and litigation. He is routinely invited to provide both association boards of directors and community association managers with regular legislative and case law updates.

Brown also represents individuals in real estate transactions and litigation, devoting his practice to working with clients on a broad range of legal issues that community associations, property owners and buyers and sellers of real estate face on a regular basis.

A graduate of Stetson University and Stetson University College of Law, Brown was a recipient of the U.S. Senator Max Cleland scholarship and served as an intern to United States Senator Connie Mack in his Washington D.C. office while attending American University. He is a resident of Tampa.

The new Kaye Bender Rembaum office is located at 1211 N. Westshore Boulevard in Tampa.

Kaye Bender Rembaum is a full-service commercial law firm concentrating on the representation of more than 1,000 community associations throughout Florida. With offices in Broward, Hillsborough and Palm Beach counties, the Firm was recently presented with the 2019 Readers’ Choice Award for Legal Services by the Florida Community Association Journal, an award they’ve received annually since 2014. For more information, visit www.KBRLegal.com, call 954-928-0680 and follow the Firm on www.facebook.com/KayeBenderRembaum.

Members of SFPMA.Com – State of Florida Property Management Association  Pompano Beach Office,  Palm Beach Office,

EmmaJean Livingston | Pierson Grant PR

6451 North Federal Highway, Suite 1200 | Fort Lauderdale, FL 33308
T: 954.776.1999, ext. 242 | E: elivingston@piersongrant.com

 

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Again it was asked; Why our our Community need a Website? and How will it Help us?

Again it was asked; Why our our Community need a Website? and How will it Help us?

  • Posted: May 04, 2019
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Website Benefits

This question was asked of us from an association that had under 150 owner units, We informed them of some benefits that will help them with communication going forward for all owners.

  • Post meeting minutes securely online for all residents & Board review

    Every resident & Board member will always be at every meeting when you post the minutes online in a secure HOA website. Time, convenience, and information are the keys to a happy and informed neighborhood. With a Board only area as well as a place for general meeting minutes, you’ll always get the right information to the right person, group, or committee in a way that’s secure and convenient for everyone.

  • Eliminate their newsletter or Mailing, start using email bulletins

    The price of postage stamps has risen every year for over a decade, and the price of envelopes and mailers is always an unwelcoming addition to budgets of any size. Throw in the cost of gas to drive around the neighborhood placing it in boxes, or using snail mail to get out sometimes time sensitive information and before you know it, you’ve spent money, lost time, and everyone still isn’t informed. Email bulletins are quick, simple, and cost free to send 24 hours a day to residents who need to be in the know. Easily create and Email a monthly newsletter with a beautiful design, or send out individual announcements through your website.

 

 

  • Spend less time in Board/Committee meetings using Task manager

    Enjoy 24 hour access to a feature that allows Board/Committee members to vote on specific tasks, add notes or questions, and approve or deny processes online…at their convenience. How many times are communities held up on projects and important decisions because someone missed a meeting or is not in the loop? An AtHomeNet website can even facilitate live Board Only Chats and virtual meetings if need be; but the Task Manager feature can be a HOA Board’s best friend.

  • Handle financial needs with full TOPS Accounting Integration

    View, update, and handle resident accounts with the only authorized, fully supported, software integration with the nations leading Accounting software firm, TOPS. AtHomeNet websites are the only professional websites for HOAs that offer this two way integration. A major time and money saver.

  • Avoid merchant fees with FREE online dues payment

    Dodge the unwelcomed hassle that comes with paying a seemingly endless array of “processing fees” charged by any number of companies to handle your residents’ dues payments. Setting up online payments for your community is FREE, and an unprecedented convenience that once your residents have, they won’t want to live without.

  • Increase rules compliance and ARC forms management & processing

    Limited access to information can cause confusion, infractions, and dissention among residents. These situations not only are troubling for the resident, but also for the Board members who have to spend hours on the phone, or time on personal visits and sometimes costly legal battles. ARC violations are mostly caused by procedural issues or lack of resident information. Handle ARC committee request, post rules and forms, and resolve questions before they become issues using your website.

  • Get the word out immediately about activities & events

    Email bulletins, Announcements, & Events Calendar are three features that come standard with your website. As soon as a resident logs in, they can view “What’s New” since the last time they logged in. Keeping your residents in the loop no longer takes the hours of time going door to door, posting fliers, making phone calls. Send out new information to thousands of residents in minutes through your website’s dynamic informative features set.

 

 

  • Allow residents to reserve amenities 24 hours a day online

    The ability to pick a facility such as a tennis court, a clubhouse, or the golf course…see instantly what times are available, and then sign out a time, or send a request for approval to reserve a time, can be a massive time saver and convenience for every community. The Reservations feature can be tailored to list the available hours for a specific resource. This exciting feature streamlines an amenity reservations process that normally could take forever to coordinate successfully; handling it in minutes, 24 hours a day in a secure online environment.

  • Handle documents purchasing and downloads securely anytime

    Residents can access needed business, real estate, and other documents through your website and get a hold of them quickly and without the hassle of going through a 3rd party. Security is never a concern, as your website has a public and private side, so only those who you grant access to, get access to certain areas, information, and privileges.

  • Track, approve, deny, debate Board tasks through the website

    Your Board only area has a lot of great functionality. Your Board members can enjoy using the Task Manager to handle specific tasks on their schedule. Live Chat can bring to the forefront issues that need to be resolved or debated instantly in a secure venue, or facilitate virtual Board meetings. Board Only Message Board can facilitate communication and debate amongst the Board in a forum where everyone can follow an issue and everyone’s input from start to finish. A Board the communicates freely and easily, is a Board that gets things done!

  • Generate Revenue selling classified ads and banner ads

    You set the prices, you determine the website area, you collect the revenue. Local businesses and private advertisers are always looking for more exposure and to reach new customers. Your community website is a daily gathering place for hundreds to thousands of internal and external visitors and with unlimited page creation, your website can be as profitable as you want it to be.

  • Eliminate expensive costs of printing community directories

    A trip to Kinkos Fedex or for a college student at term paper time is a necessity! A trip to Kinkos or Fedex for an HOA is an unnecessary and costly inconvenience. Once your resident directory is printed, if someone leaves, someone moves in, or anyone changes their number, the directory has to be updated with possibly even more printing costs. Online resident directories let your residents share as much or as little about themselves and their contact information as they please…and updating them takes seconds of your valuable time.

  • Replace printed fliers via 24 hr a day online announcements

    If you only counted parties, socials, holiday events, and meetings, you would still spend hundreds, maybe thousands of dollars and hours of time designing eye catching fliers to post on overcrowded bulletin boards, or resident’s doors or mailboxes. Between the wind, the trashcan, and the guy who pulls it down and takes it home so he doesn’t forget, sadly many of these fliers will never be greeted by the eyes they are intended to catch. Online Announcements are yet another quick and easy solution that gets immediate results, doesn’t cost a nickel, and is totally immune to wind, rain, and snatchers.

  • Save money by listing homes for sale & other sale items FREE

    Professional listings in real estate magazines can cost hundreds of dollars, some even charging outrageous fees in a per home basis. Otherwise your homes for sale and other items such as garage sales, babysitting services, etc. are free to get lost in a sea of craigslist ads that get thousands more every day. Your Homes for Sale and Classifieds areas are dedicated to showcasing your communities’ best to those in the community, and those outside the community. Most importantly, it’s another great feature that is standard in your website and won’t cost your Association a penny regardless of how much information is listed.

  • Coordinate volunteer efforts without wasting $$$ on promotion

    Most non-profit organizations spend valuable dollars that could go to their cause just on promotion, advertising, and volunteer coordination. Your Association need not be a victim of this. Easily disseminate information, coordinate live chats securely in the website, and get the word out about event times, donations, and other charitable acts from the convenience of your laptop.

  • Post CCRS, HOA Rules, & other docs for secure 24 hr review

    Residents, Board Members, and Committee members can review all of your community’s important documents whenever they need to. Set security levels so you can decide exactly who can see what, so unwanted eyes on your sensitive documents will never be an issue. Another major time and hassle saver.

 

 

  • Instantly gauge community feelings on critical issues with Surveys

    Not sure if everyone is on board with the new procedure to replace gate cards? Perhaps you want to know if there is a holiday party at the clubhouse this year, will there even be enough residents still here to justify the costs? Using the “Surveys” feature to create and send a survey you can customize to ask exactly what you want is the best way to find out how everyone feels about any given topic or issue. Residents can only vote once, and they can answer via multiple choice or free form?.it’s totally up to you. Create a survey in minutes, and let your website do the work to tally the results so you can make the best decisions.

  • Send email bulletins & announcements on time sensitive issues

    Email Bulletins are a quick way to alert everyone in the community about an issue without having to hold any special meetings or send out an individual email to hundreds of residents. We provide new designs and themes you can choose from every month for free, which allows us to offer an outstanding catalogue of pre-designed email bulletins for your unlimited use. You can also design your own in no time at all. Using Announcements and Email bulletins in tandem means that your residents will never be in the dark about important community issues.

  • Track, approve, deny, debate Board tasks through the website

    Your Board only area has a lot of great functionality. Your Board members can enjoy using the Task Manager to handle specific tasks on their schedule. Live Chat can bring to the forefront issues that need to be resolved or debated instantly in a secure venue, or facilitate virtual Board meetings. Board Only Message Board can facilitate communication and debate amongst the Board in a forum where everyone can follow an issue and everyone’s input from start to finish. A Board the communicates freely and easily, is a Board that gets things done!

  • Cut down on calls, emails, and letters with online FAQ section

    Residents are going to have questions, lots of questions…but you community does not have the time or resources available to place a live operator on a toll free hotline 24 hours a day. Many communities share a lot of the same issues, resources, and operating procedures; so it becomes quickly obvious that questions like ‘Where can I find a copy of the CCRs” or “What is the procedure for requesting Architectural changes on my property” will be asked repeatedly. The FAQ section can be as long or as short as you want it, and updating it can be done in a matter of minutes. The more you cut down on time spent answering the same questions from different people, the more time you can spend handling other important community business.

 

 

  • Post cost free vendor job bids in your website at your leisure

    When jobs need to be completed in your community, compile them all in one easy to find 24 hour accessible online location; making it easy for those willing and able to do the work to find you, and avoiding paying for ads on various websites, newspapers, and employment services.

If you are searching for a website design company search our directory, we have the top companies to help your condo and hoa. 

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Does an HOA have to renew records for the entire community and for each homeowner

Does an HOA have to renew records for the entire community and for each homeowner

  • Posted: Jan 02, 2019
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We were asked a Question– In Broward County does an HOA have to renew our records for our entire community or just for each homeowner? 

Florida Department of Economic Opportunity

Revitalization of Expired Homeowners Association Declarations and Covenants

In 1963, the Florida Legislature enacted the Marketable Record Title Act (“the Act”), codified as Chapter 712, Florida Statutes. The Act was intended to simplify title searches by extinguishing old title defects and other recorded issues affecting title to real property after 30 years, except for certain matters (see Section 712.03, Florida Statutes – Exceptions to marketability).

An unanticipated consequence of the Act was that it extinguished the covenants of some planned communities, which suddenly found they had lost their legal authority to collect assessments and enforce the covenants. Since then, the Florida Legislature has amended the statutes to provide both a process to preserve the covenants before they are extinguished by the Act, and a process to reinstate them if they have already been extinguished or have expired.

Applicable Statutes

 

 

Revitalizing Expired / Extinguished Homeowner Association Declarations of Covenants

Chapter 720, Part III, Florida Statutes, creates a mechanism to revive / reinstate / revitalize (these terms are all used to mean the same thing) a declaration of covenants that has ceased to govern some or all of the parcels in a subdivision. Briefly, the process includes the following steps:

  1. Parcel owners within a community must create an organizing committee composed of not less than three community members.
  2. The organizing committee must prepare the declaration of covenants and, if necessary, updated governing documents for the homeowners association, which must then be approved by a majority of affected parcel owners.
  3. Next, the committee must send the proposed revived declaration and homeowners association governing documents to the Department of Economic Opportunity (DEO) at the following address:
    • Department of Economic Opportunity
    • Attn: Division of Community Development
    • 107 East Madison Street, MSC 160
    • Tallahassee, Florida 32399-4120
  4. DEO has 60 days to determine whether the documents comply with the requirements of Chapter 720, Part III, Florida Statutes, and issue a letter determination approving or denying the requested revitalization. It is not uncommon for DEO to complete its review and issue a letter approval or denial before the sixtieth day.
  5. If DEO approves the proposed revitalized declaration and homeowners association governing documents, the declaration of covenants, articles of incorporation and bylaws of the homeowners association, the DEO determination letter of approval, and a legal description of each affected parcel must be recorded with the Clerk of the Circuit Court in the county where the affected parcels are located within 30 days after the organizing committee receives DEO’s approval. The articles of incorporation must also be filed with the Department of State if they have not been previously filed. Immediately after recording, the organizing committee must provide copies of the recorded documents to the owners of all affected parcels.

Limited Role of DEO

As noted above, DEO’s role with regard to homeowners association covenants is limited to deciding whether documents proposing to revitalize expired/extinguished covenants that are submitted to DEO by an organizing committee comply with the requirements in Chapter 720, Part III, Florida Statutes. DEO has no authority to:

  • Extend the duration of homeowners association covenants that have not expired,
  • Deny approval of proposed revitalized covenants because of a dispute between a homeowners association and one or more of its members, including disputes in litigation,
  • Decide whether any of the lots in a subdivision are exempt from revitalized covenants,
  • Regulate homeowners associations,
  • Resolve complaints about homeowners associations, or
  • Provide legal advice.

If you need legal advice in connection with proposed revitalized homeowners association declarations, you may contact The Florida Bar’s Lawyer Referral Service at 1-800-342-8011, Monday through Friday, from 8:00 a.m. to 5:30 p.m. Eastern time, or through its website (The Florida Bar). The Florida Bar can provide you the names of attorneys in your area who may be able to assist you.

 

Frequently Asked Questions

What is Meant by “Verified Copies” and “Affidavits”

Part III of Chapter 720, Florida Statutes, states that “verified copies” and “affidavits” must be submitted to DEO as part of the covenant revitalization process.

Verified Copies

A “verified copy” means that someone has sworn under oath and in the presence of a notary public or other officer legally authorized to administer oaths that the copy is a true and accurate copy of the original document. When verified copies are required, a notarized letter from a member of the organizing committee or an officer of the homeowners’ association may be attached to the copies as verification that they are accurate copies. The letter should say that the person signing it verifies that the documents attached to the letter are accurate (or true and correct, or exact) copies of the original documents. If the documents are not attached to the letter, the letter must identify the specific documents to which it refers. Copies of the association’s governing documents that have been obtained from the official records of the county where the subdivision is located and have been certified as accurate by the Clerk of Court are also acceptable.

Affidavits

An “affidavit” is a written statement confirmed by the oath or affirmation of the person making it (the affiant), taken before a person having authority to administer such an oath or affirmation. In other words, it is a written statement that is signed and sworn to be true in the presence of a notary public or other official who is legally authorized to administer oaths. It must be signed by the person making it, and be signed by and bear the original stamp or seal of the notary/official.

 

How Do I Obtain Copies of My Homeowners Association Governing Documents and Covenants?

The governing documents for a subdivision and homeowners association consist of the declaration of covenants, the articles of incorporation, and the bylaws. The declaration of covenants for a subdivision is usually recorded in the Official Records of the Clerk of the Circuit Court for the county in which the subdivision is located. Copies of the Articles of Incorporation and bylaws of the homeowners association can be obtained from the Florida Department of State, Division of Corporations. Copies of the governing documents may also be obtained directly from the homeowners association.

 

Does the State of Florida Regulate Homeowners Associations?

No. Homeowners associations are required to comply with applicable Florida Statutes. However, they are not regulated by any state agency.

 

Who Handles Disputes / Complaints about Homeowners Associations?

Under Section 720.311, Florida Statutes, the Department of Business and Professional Regulation offers a dispute resolution program for some types of disputes between a homeowners association and parcel owners.

 

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