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Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

NEW PROVISION REGARDING FINING AND USE RIGHT SUSPENSIONS

NEW PROVISION REGARDING FINING AND USE RIGHT SUSPENSIONS

NEW PROVISION REGARDING FINING AND USE RIGHT SUSPENSIONS

Prior to recent amendments to the procedures for fining and use right suspensions for non-monetary violations,  there was a gap in the Florida Statutes regarding the manner in which a community association’s board of directors and its fining and suspensions committee coexisted, meaning there was no clear guidance with regard to whether the fining committee would first meet and then the board would levy the fine or if the board would first meet, determine the amount of the fine and then the fining committee would meet to provide the offending owner his opportunity to appear. That said, it was clear that if the fining committee did not agree with the fine, then the board could not authorize its levy against the offending owner. Well, now there is great clarity as to the procedural requirements.

Pursuant to the recent amendments to Chapters 718, 719 and 720 of the Florida Statutes, regarding condominiums, cooperatives and homeowners’ associations, respectively, the association’s board of directors must first levy the fine or use right suspension for non-monetary violations at a properly noticed board meeting. After the board of directors has levied the fine or use right suspension for non-monetary violations, the person who is to be fined or suspended must be provided with at least fourteen (14) days’ notice and an opportunity for a hearing before a fining and suspensions committee. The fining and suspensions committee must be comprised of other owners who are neither board members, nor persons residing in a board member’s household. The role of the fining and suspensions committee is limited to determining whether to confirm or reject the fine or use right suspension for non-monetary violations levied by the board of directors.

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GET IN LINE – ASSOCIATION ASSESSMENT LIEN PRIORITY

GET IN LINE – ASSOCIATION ASSESSMENT LIEN PRIORITY

January 14th, 2018

GET IN LINE – ASSOCIATION ASSESSMENT LIEN PRIORITY

At issue in today’s column is a subject we recently addressed regarding whether an association must record its assessment lien in the public records of the County in which the community is located in order for it to be effective and whether such lien relates back to the initial date of recording of the declaration. At least, as to a surplus that results from a tax foreclosure sale, the answer, in most circumstances, is that the association does not need to record its assessment lien in order to argue entitlement to the surplus, and the lien will relate back to the date of initial recording of the declaration, as was the outcome of a recent Fourth District Court of Appeal case, Calendar v. Stonebridge Gardens Section III Condominium Association, Inc., decided December 17, 2017.

In this case, Mrs. Calendar was the unit owner who lost her home as a result of a tax foreclosure. After the foreclosure sale, Mrs. Calendar asserted that she, and not the condominium association, was entitled to the surplus that resulted from the tax foreclosure sale. The appellate court disagreed and affirmed the trial court’s decision to award the surplus to the condominium association. In so doing, the appellate court cited section 718.116(5)(a), Florida Statutes (2016), which provides:

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Airline has taken steps to tighten its emotional support animal policy. With incidents, such as biting, on the rise!

Airline has taken steps to tighten its emotional support animal policy. With incidents, such as biting, on the rise!

Airline has taken steps to tighten its emotional support animal policy. With incidents, such as biting, on the rise!

The Property Management industry is not the only place experiencing a rise in emotional support animal conflict.

These animals are becoming an issue for airlines and the results have not always been good, according to The Washington Post’s Karin Brulliard.

It recently announced changes to increase scrutiny about its passengers flying with service or comfort animals — Delta says it flew 250,000 of such animals last year, which was a 150 percent increase over 2016. Incidents reported of those animals biting or defecating during flights had nearly doubled since 2016.

“Delta emphasized safety concerns in detailing the increased documentation owners that will be required to provide about their animals,” Brulliard writes. “But its action also was spurred by a widespread perception among airlines and disability rights advocates that some fliers are fraudulently taking advantage of the federal law to bring untrained pets of myriad species into crowded cabins.”
Sound familiar?

Along with expanding its list of prohibited animals, including “farm poultry,” hedgehogs and anything with tusks, Delta tightened its policies.

“Passengers with trained service animals will need to submit a veterinary health form at least 48 hours before travel to the airline’s new ‘Service Animal Support Desk,’ ” Brulliard writes. “Customers with emotional-support animals or psychiatric service animals must do the same but also must provide a letter from a doctor or mental-health professional and a signed document saying the animal is trained to behave in public.”

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Read the Article: Washington Post Article

 

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Homeowner fined thousands by HOA

Homeowner fined thousands by HOA

Homeowner fined thousands by HOA

By  and Catherine Chestnutt
The power of Homeowners Associations. They can tell you what color you can paint your house, where to park, even what you can have in your yard. They can also put a lien on your home or even more severe, foreclose on it.
Debra Blue learned the power of her HOA the hard way, but she didn’t just take what the HOA demanded, she fought back. It started when Debra got a letter from her HOA letting her know she did not follow her HOA covenants when it came to the plum color she just painted her shutters.
According to her HOA covenants, she was supposed to get prior approval of the color choice. “It was a complete shock to me, but I immediately apologized, and they asked me to go through the ARC approval process, and I did that within two days,” Debra said.
However, things didn’t go so well for Debra. Her HOA’s Architectural Committee denied the color change and asked her to pick another color.

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LEGISLATIVE CHANGES Are you up to date in your Condo or HOA?

LEGISLATIVE CHANGES Are you up to date in your Condo or HOA?

2017 LEGISLATIVE CHANGES

The 2017 Legislative Session was fairly active with respect to issues involving Community Associations. The following is a brief outline of some of the significant changes that became effective July 1, 2017.

Estoppel Certificates: Senate Bill 398: Applies to Condominium, Cooperative & Homeowners’ Associations.

Content and cost limits for estoppel certificates were issues attempted to be addressed several times in the past few years, but this year, SB 398 passed and substantially changed the content and procedure for responding to requests for information when a unit or property within the community is transferring, as well as setting up specific costs for the information. An “estoppel certificate” is defined to be a signed document establishing certain specific facts related to a particular transaction. In the past the estoppel certificate typically consisted of a basic statement of account, notifying the buyer/lender whether the account was current and identifying upcoming or ongoing financial obligations. The new law has the following affects: (a) reduces the time period for responding to a request for an estoppel certificate from 15 days to 10 business days, and if not delivered within 10 business days no fee can be charged for the estoppel; (b) the association’s website, if it exists, must contain the name and street address or e-mail address of the person to whom requests for estoppel certificates are to be sent; and, estoppel certificates must be delivered by hand, mail or e-mail on the date the estoppel is issued.

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APPELLATE COURT LIMITS ASSOCIATION ABILITY TO STOP OWNER POSTING OF NEGATIVE OPINIONS ON SOCIAL MEDIA

APPELLATE COURT LIMITS ASSOCIATION ABILITY TO STOP OWNER POSTING OF NEGATIVE OPINIONS ON SOCIAL MEDIA

APPELLATE COURT LIMITS ASSOCIATION ABILITY TO STOP OWNER POSTING OF NEGATIVE OPINIONS ON SOCIAL MEDIA

Many community associations throughout Florida have experienced an owner who opposes the board and is vocally negative toward the efforts of the association representatives. With the development of social media and the internet, many have also experienced these disgruntled owners posting their opinions on the internet through blogs, website and the like. Quite often these owners are not expressing accurate information regarding the association and boards look for help from their attorneys to stop what they consider to be abusive and harassing conduct. The Florida Fifth District Court of Appeal has recently issued a ruling that identifies some limits that court action can take in dealing with such disputes and leaving questions regarding other actions that can be taken unanswered.

 

Read more on Legal Issues: 

REMBAUM’S ASSOCIATION ROUNDUP

 http://www.kbrlegal.com/rembaums-association-roundup/

 

In Fox. V. Hampton at Metro West Condominium Association, Inc., Case No. 5D16-1822 (July 21, 2017), the Appellate Court was presented the situation in which the Condominium Association had initially brought a legal action against the unit owner to obtain an injunction to stop the owner from what they claimed to be conduct that was harassing, intimidating and otherwise threatening to other owners, and for his on-going publishing of negative claims about the Association and/or the Board on the internet. No trial was held as the parties entered into a settlement agreement that was ultimately incorporated into a final judgment under which Fox agreed to stop certain actions. Soon thereafter, however, the conduct began again and the Association filed a motion for contempt and enforcement of the agreement, claiming that Fox had willfully and intentionally violated the terms of the agreement.

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Is your Community having a Holiday Party? Five holiday party ideas

Is your Community having a Holiday Party? Five holiday party ideas

Holiday Parties Sure To Please Your Residents

Brought to you by State of Florida Property Management Association  –  https://www.SFPMA.com

The holidays provide the perfect opportunity to bring your neighbors together to celebrate the season. When you have community amenities such as a clubhouse, there’s no need for a neighbor to go through the hassle of hosting your HOA holiday party at his or her home.

Want to throw a holiday party that will bring residents of your community together for a fun-filled evening? Here are five holiday party ideas that are sure to please your residents:

  1. Tacky Sweater Party

While so cliché these days, hosting a tacky sweater party is a great way for residents to break the ice and start mingling with each other. The ugly holiday sweater that was once popular in the 80s is making a big come back, and residents can easily find this festive attire online or come up with their own creations. Encourage residents to channel their inner-tackiness by offering prizes for the ugliest sweaters. If hosting the party at your neighborhood clubhouse, you can spruce up your community amenities for the event with bright-colored lights, oversized holiday inflatables, and tinsel-filled trees.
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Register Today! – CONDO & HOA EXPOS get information on booth availability, show sponsorship or speaking opportunities

Register Today! – CONDO & HOA EXPOS get information on booth availability, show sponsorship or speaking opportunities

Register Today! – information on booth availability, show sponsorship or speaking opportunities

This coming spring, L&L Exhibition Management has four events that give you the opportunity to meet and have face time with Property Managers and Board Members in South Florida.

If you would like more information on booth availability, show sponsorship or speaking opportunities, please call me at (800)-374-6463 or reply to this email.
 
Sincerely,
Contact:
-Nick Vedder
Show Manager
(800) 374-6463
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The Bath Fitter Way! – A bathtub you’ll really love

The Bath Fitter Way! – A bathtub you’ll really love

The Bath Fitter Way – A beautiful new tub and seamless walls installed with no demolition and in as little as one day.

A- Get the bathtub you’ve always wanted without the headaches and hassles of a traditional renovation. Learn more below.
MEASURED TO FIT
 
B- COMPLETELY CUSTOMIZABLE
You get to custom select your tub, walls and accessories from a variety of colors and styles.
 
C- NO DEMOLITION
Your new tub is installed right over your old one so there’s no demolition and it’s done in as little as one day.
 
D- SEAMLESS WALLS
Only Bath Fitter has seamless walls that are easy to clean and provide a watertight fit.
 
E- RANGE OF ACCESSORIES
Select from a wide range of faucets, doors, shelves and safety accessories.
 
F- THE BATH FITTER PROCESS
Our team of experts will measure, custom make and install a new tub right over your old one. All with a lifetime guarantee backed by over 30 years of experience.
 
 
We take precise measurements of your existing tub to ensure your new tub fits perfectly over your old
 
* Members of SFPMA.com
Find us on the Members Directory: https://sfpma.com/listing/bath-fitter/