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An Association’s Response to Owners Requiring Additional Care by Becker

An Association’s Response to Owners Requiring Additional Care by Becker

  • Posted: Dec 14, 2020
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An Association’s Response to Owners Requiring Additional Care

Robyn M. Severs | 12.11.2020
Florida Condo & HOA Law Blog

 

Some older individuals choose to live out their final years in their personal residences, alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience certain mental health issues that make them unable to adequately care for themselves. Associations are often at a loss with how to assist these individuals. Plus, associations are not healthcare or mental health providers, so they are not equipped to address such matters. Instead, associations will need to request help from family, friends, or governmental entities.

Depending on the severity and facts of a particular situation, the association should attempt to contact known relatives to determine if there is someone available to assist, as it is best that the association allow the family to intervene. Associations should consider having owners complete a form that would list relatives, friends, emergency contacts, to assist in such situations. However, there are many cases where the resident does not want their family to help, where the family is unwilling or unable to help, or where the association does not know of any relative or friend of the owner. In those instances, the association may need to see if there is any governmental assistance.

The association can contact Code Enforcement if the property is in so disrepair that it is a code violation. Some counties also have Elder Helplines that could be contacted. The Florida Department of Elder Affairs has an Elder Helpline at 1-800-963-5337.

 

For issues regarding self-neglect, the Adult Protective Services, Division of the Department of Children and Family Services (DCF) Abuse Hotline can be called at (800-962-2873). They should send out an investigator to investigate and perform assessments pursuant to Chapter 415 of the Florida Statutes, which allows the state to intervene in the instance that “senior neglect” is suspected. “Neglect” is defined in Section 415.102(16), Florida Statutes as follows:

  • “Neglect” means the failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult. The term “neglect” also means the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. “Neglect” is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death.

Finally, local law enforcement should be contacted if the association is concerned for an owner’s safety. They can perform a “welfare check” to check on the safety or well-being of a person. Such a check could lead to involuntary commitment pursuant to the Florida Mental Health Act, also known as the Baker Act. This is occasionally a viable option when a person’s inability to care for themselves presents a danger to themselves or others.

 

If the resident refuses to accept the assistance offered by family or applicable agencies and, instead, continues to cause problems for other residents, or create hazardous conditions, the association could theoretically attempt to enforce the relevant provisions of the association’s governing documents, usually through a nuisance provision.

As you might imagine, the travails of the elderly or those with mental health issues are rarely optimal cases to take before a judge or an arbitrator. However, at least in some cases, it may be worth taking the initial steps necessary to proceed with legal action including a “cease and desist” or “opportunity to cure” letter. The association could also use the legal action as a way to get a legal guardian appointed for the owner. Perhaps the association could seek a determination from a court as to whether the association could cure the violations themselves. While this may not be an attractive option for the association, it may be the only available option.

Unfortunately, dealing with residents that need help is a difficult situation for associations with no clear answer as to how to resolve the problem. Hopefully, the above options will be able to provide some guidance and assistance.

 

Robyn M. Severs represents community association clients throughout Florida’s northeast region. She has significant experience representing and assisting condominium and homeowners associations in a wide variety of legal areas, including document review, document drafting, turnover of association control, reserve funding, and maintenance issues. Robyn also handles community association bankruptcy cases and appellate cases that include some notable decisions. Earlier in her career, she served as an Assistant Public Defender for the Tenth Judicial Circuit, and as a Senior Attorney for the Florida Department of Business and Professional Regulation, Division of Real Estate, where she prosecuted cases before the Division of Administrative Hearings, Florida Real Estate Commission and Florida Real Estate Appraisal Board. Ms. Severs is also one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

Robyn M. Severs

Shareholder / Orlando
tel:904.423.5372
RSEVERS@beckerlawyers.com

 

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5 Surprising Ways to Prolong Your Pond’s Retirement By SOLitude Lake Management

5 Surprising Ways to Prolong Your Pond’s Retirement By SOLitude Lake Management

  • Posted: Nov 19, 2020
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5 Surprising Ways to Prolong Your Pond’s Retirement

By SOLitude Lake Management, Nov 19, 2020

AS SEEN IN National Community Association Institute’s (CAI) publication, Common Ground

The very first fish I remember catching was a bullhead catfish. It was in a small pond in my grandparents’ HOA community that is still there today. Well, sort of. Though the pond had once been deep enough for fishing and stormwater collection, its depth is now best measured in inches rather than feet. The cattails that were once clustered near the outflow are now abundant throughout the pond. Today, the waterbody resembles the nearby wetland more than it does a pond. In the 55 years of its existence, no measures have ever been taken to mitigate against the natural process of succession.

Lake and pond succession is the natural lifecycle of any waterbody. The very tributaries that supply a waterbody with its water also carry sediment, which over time accumulates and decreases the water depth. Aquatic weeds and nuisance vegetation decompose and create additional organic sediment. And the shallower the pond becomes, the more vegetation it produces—accelerating the aging process.

Read more »

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How Do You Stop Pavers From Being Slippery by CoverTec Products

How Do You Stop Pavers From Being Slippery by CoverTec Products

  • Posted: Oct 27, 2020
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How Do You Stop Pavers From Being Slippery

Almost every day, I get this question from customers calling our office. Even though the customers’ environments vary, my responses are usually similar. My advice is usually something like this.

 

 

There are 3 methods you could use to stop pavers from being slippery.

  1.  First, you could clean the paver every time you notice anything on the surface that could be slippery – if you had that kind of free time.
  2.  Second, you could use a surface treatment that manages the causes of slippery conditions.
  3.  And third, you could use a sealer to increase the friction on the surface. All of these are useful solutions, and it all depends on your goal.

With the cleaning method, obviously you need to get the mold and mildew, food contaminants or water spills off the surface. This can be done by sweeping or mopping to minimize the “slippery when wet” conditions. However, this is not always possible. This is when you need to look at the second option of using surface treatments.

Applying treatments on the surface of the paver should change its characteristics to manage water and other slip-causing agents more effectively. The result being that when you walk or run on the surface – rather than aquaplaning – you have adequate traction to be safe.

The third option is to use sealers. And there are 2 basics types you need to be aware of:

  1. Topical sealers
  2. Penetrating sealers.

If you choose to work with a Topical sealer, use one that contains an anti-slip additive that increases the friction on the surface. This will make it much harder for you to slip when moving across the surface. Otherwise, you can use a Penetrating sealer that soaks into the pavers’ pores and does not leave the surface slick or in a slippery condition.

 

Is Paver Sealer Slippery?

Paver sealer products can be slippery if applied too thick, leaving behind a slick film on the surface. Avoid this situation by using thin mil sealers that penetrate deep into the surface and leave a very thin film on the surface.

You can also use additives in the sealer itself to increase the friction on the surface. Again, you can always use a penetrating sealer that will soak into the sub-surface, without leaving a slippery film behind.

We can scientifically measure how slippery a paver or tile surface is.  Watch this video to see how we do this on a customer’s pool deck pavers – before and after – they use our pro-grade products.

 

It’s all about finding the right anti-slip product for the floor surface you are walking on.

As always, if you have any questions about which product is the best for your unique situation, call us at: 754-253-3401

View our Membership Page on sfpma members directory

Read the Full Article – Learn through Product Videos – Find the Products

 

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Can Political Flags Be Flown? Q&A by DAVID G. MULLER / Becker

Can Political Flags Be Flown? Q&A by DAVID G. MULLER / Becker

  • Posted: Oct 22, 2020
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Can Political Flags Be Flown? Q&A

by DAVID G. MULLER / Becker

Q: I went on a walk in my community and saw at least 8 homes flying either Trump or Biden flags.  Is it legal to fly a political flag on a home located in a homeowners association? I.B.

A: Sections 720.304(2)(a) and 720.3075(3) of the Florida Homeowners Association Act specifically permit the flying of the US flag and other types of governmental flags, including flags of the various military branches.  These statutes do not address other types of flags, such as political flags.

The governing documents for some communities prohibit owners from flying non-exempt flags, such as political flags or flags with sports team logos.  There is an open and rather complicated legal issue as to whether it is an infringement of a homeowner’s First Amendment free speech rights to restrict political speech.

The First Amendment only applies by its terms to Congress, and, by virtue of the Fourteenth Amendment to the Constitution, to the states and their local governments. In legal jargon, “state action” is required before constitutional rights come into play.  There are several Florida cases which have held that a community association is not a state actor.

Your association’s attorney should be able to determine if these political flags are indeed regulated by the governing documents, and if so, guide you through the constitutional law analysis that is part of deciding your options.

 

Q: Your February 2020 column addresses the cap on transfer fees for condominium associations.  Is there a similar cap for homeowners associations? D.P.

A: No.  My February 2020 column referenced Section 718.112(2)(i) of the Florida Condominium Act, which states 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 the association is required to approve such transfer and unless a fee for such approval is provided for in the declaration, articles, or bylaws. Any such fee (in the condominium association context) may be preset but may not exceed $100 per applicant other than husband/wife or parent/dependent child, who are considered one applicant.  There is no similar provision found in Chapter 720 of the Florida Statutes, the Florida Homeowners Association Act.

 

Q: I am considering purchasing a home in a community with a homeowners association, but I have been told that there is a “capital contribution” fee of $1,500 charged to all purchasers.  Is such a fee legal? T.F.

A: Sometimes referred to as a “flip tax”, these charges are not uncommon in the homeowner association context. There is neither authority for nor prohibition on this type of fee in the law applicable to homeowners’ associations (the condominium law does address this issue).  If the authority to charge the capital contribution fee is contained in the appropriate governing documents, the prevailing view in the legal community is that such charges are legally valid.

 

 

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The City of Surfside wanted to revive the look of their Municipal Building. by Chucks Painting

The City of Surfside wanted to revive the look of their Municipal Building. by Chucks Painting

  • Posted: Oct 06, 2020
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The City of Surfside wanted to revive the look of their Municipal Building.

by Chucks Painting

Hollywood, FL 33020   Phone: 954-923-8409

This building is the Headquarters for the Town of Surfside Police Department. With our commercial painting services, we added a fresh coat of paint and with the bold blue accents this building is now a staple for the City of Surfside.

 

SERVICE AND QUALITY FROM FLORIDA’S TOP PAINTING CONTRACTOR

Military Discount! – Any veteran or active-duty member of the U.S. armed forces is eligible for a discount on our home and commercial painting services!

Since 1979, the professional painters at Chuck’s Painting, Inc. have provided quality interior and exterior painting services to the Broward and Dade County area. At Chuck’s Painting we complete both residential and commercial paint applications. We are your Miami Painting Contractor.

From private residences to large commercial structures, our professional painters have the skills needed to get the job done. We specialize in townhouse communities, condominium communities, commercial buildings, shopping plazas, and business parks.

 

Residential Painters

From traditional painting projects to intricate, high-end residential paint finishes, our paint professionals are ready to work on your next residential painting project. Unlock your home’s potential with a fresh coat of paint, stunning contrast walls, or highly detailed faux finishes. Schedule a consultation with our expert paint and designers today

Commercial Painter Pros

Take the hassle out of your commercial property’s paint maintenance by using the professionals at Chuck’s Painting. Our dedicated painting crews can handle your paint maintenance and new paint projects efficiently. We work with you to ensure that your painting tasks are completed while disrupting your work and your clients as little as possible.

 

Recognized Paint Specialists in the Dade/Broward Area

After over three decades of painting, we’ve had some great reviews. In 2011, Chuck’s Painting was featured in Painting Contractor Magazine for our excellent interior and exterior painting of the Miami Beach Convention Center. With the building stretching over 1,350,000 square feet and with archtectural accents reaching nine stories high, we had our work cut out for us. But, no matter how large or small the project is, we are dedicated to superior service. All of our clients are treated with the same level of service and quality.

 

 

 

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BuildingLink – Case Study – Opening Common Areas in a Pandemic

BuildingLink – Case Study – Opening Common Areas in a Pandemic

  • Posted: Oct 01, 2020
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BuildingLink – Case Study – Opening Common Areas in a Pandemic

Re-opening Common Areas in a Pandemic

“Avery and the entire BuildingLink Team were incredibly helpful as we began to set up our processes and procedures for the reopening of our amenities. They worked diligently and quickly with all of our Property Managers – across our entire portfolio – to ensure that our reopening was successful and safe.”

      – Brian Dashnaw | GDC Director of Property Management

The Issues:

Brian Dashnaw, Director of Property Management at Ginsberg Development Company, reached out to BuildingLink on behalf of his 12-property portfolio. After months of full closure of all the common spaces, such as pools, fitness centers, and community rooms, there was an urgent need to begin shaping some sort of plan for the safe reopening of these facilities – a plan that was compliant with all the local regulations and pandemic best-practices for social-distancing.

A list of requirements was compiled, which included (a) gathering the necessary attestations of health from residents looking to use the facilities, (b) limiting the maximum number of residents using a space at a given time, and (c) distributing access to limited resources equally and fairly across all residents.

The Solution:

The BuildingLink Support Team crafted customized suggestions and implementations to meet GDC’s goals of a smooth and controlled reopening, which included implementing some of these useful platform features:

·                     Rolling out a slotted, limited-quantity reservation structure for previously “Come one, come all” spaces, like pools and fitness centers.

·                     Implementing mandatory liability waiver consents regarding compliance with health regulations, for all residents placing reservations.

·                     Tweaking the rules regarding advance reservations, to guarantee that new reservations slots opened up each day.

The GDC portfolio also includes special situations where pools and other amenities are shared across multiple properties. BuildingLink’s “Shared Amenities” functionality allowed for these new rules to be applied seamlessly across all buildings and all residents seeking to access these common spaces.

Service Uninterrupted:

Introducing these and other changes helped GDC smoothly reopen their facilities. Similar “reopening adjustments” were undertaken with many of our 5,000+ properties and property managers.

Please contact BuildingLink at sales@buildinglink.com.

Thank you,
Richard Worth
Regional Sales Director – Florida
407-529-6063
Richard@BuildingLink.com

 

BuildingLink is currently used in over 5,000 properties in the U.S. and worldwide, offering efficient management, seamless communication, and an enhanced living experience for residents.

 

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I Have A Roof Claim But I’m Worried About The Attorneys Cost

I Have A Roof Claim But I’m Worried About The Attorneys Cost

  • Posted: Sep 23, 2020
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I Have A Roof Claim But I’m Worried About The Attorneys Cost

by Cohen Law Group / Kailey Evans

A windstorm, hailstorm, or hurricane happens and you are worried about your roof.  You talk to a roofing contractor and they tell you that you have damage on your roof following the storm. You have been paying insurance premiums for years and decide you are going to file a claim. You file the claim and someone suggests (or you decide) that hiring a lawyer is a good idea. You start thinking “I want to hire a lawyer, but how much will it cost? What if I hire a lawyer and the insurance company does not ultimately pay my claim? Will I have to pay the fees for the insurance company’s lawyers?”

 

At Cohen Law Group, we want our clients to know up front and right away what their financial responsibility will be in a property damage case.  We understand that our clients already have the stress of trying to get repairs/replacements done at their home and we do not want financial worries to add anything else to their plate. So, we make sure that we address all personal financial obligations with our clients at the beginning of the case and during the case if the possibility of additional financial obligations arise.

Providing Statewide Professionals to Handle All Condo and HOA’s Storm Damage Claims for Florida Properties!

These Trusted Legal Firms, Public Adjusters, Roofing & Service Companies that work with You to Settle Storm Damage Claims!

CondoHoaAdjusters.com

 

I want to hire an attorney at Cohen Law Group, but how much will it cost?

At Cohen Law Group, we work on a contingency basis.  In the simplest terms, that means that we do not collect fees if you (our client) do not recover insurance benefits. It is a no-risk relationship in the sense that we front the cost of preparing your claim, instead of billing you for the costs, and collect the costs from the insurance benefits at the end of the claim. Therefore, as long as you proceed with your claim, you will not be obligated to pay out of pocket for any of the attorney’s fees or costs.

 

What if I hire a Cohen Law Group attorney and the insurance company does not ultimately pay my claim?

At Cohen Law Group, if we work on your claim and are ultimately unsuccessful in obtaining any insurance benefits for you, you are not responsible for our fees or costs. Again, because of the contingency basis that we work on for our clients, we do not collect fees or costs unless we recover insurance benefits on our client’s behalf.

 

Will I have to pay for the insurance company’s lawyers if my case goes into litigation?

A question we are often asked is whether or not our clients will be responsible for the insurance company’s attorneys once the case goes into litigation.  The answer is, it depends.  In most cases and based on Florida law, the insurance company is typically responsible for paying the homeowner’s attorney’s fees.  However, once a case is in litigation, there are certain situations where the insurance company’s attorneys can file something that opens our clients up to potential financial exposure (including paying the insurance company’s fees and costs).

 

One particular scenario is called a Proposal for Settlement.  After a case is in litigation, either side can file a Proposal for Settlement, which is a court document making a formal offer to the other party. If the insurance company files a Proposal for Settlement and a homeowner rejects the proposal, there is a possibility that the homeowner could be responsible for the insurance company’s attorney’s fees and costs of litigation.  The specifics of the law are best left for another blog post (so be sure to keep checking back in to get more information – or call us to discuss further).  However, whenever a Proposal for Settlement is filed by an insurance company in one of our cases, all of the attorneys at Cohen Law Group are excellent at reaching out to their clients and explaining the potential consequences of rejecting the proposal (including financial obligations) to their clients.  We want to make sure that before our clients incur additional financial expenses, they are fully informed and prepared for the possibility.

Kailey Evans, esq.

 

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Lake Management and Hurricane Season by Allstate Lake Management

Lake Management and Hurricane Season by Allstate Lake Management

  • Posted: Sep 08, 2020
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Lake Management and Hurricane Season

by Allstate Lake Management

Many South Florida homeowners are not aware of the critical role their community lakes play in managing stormwater and mitigating local area flooding.  With the start of this year’s hurricane season around the corner, now is the time to make sure that our lakes and waterways are ready to deal with whatever nature throws at us.  The problem of flooding is a real issue here because our homes are built on relatively flat, low-lying ground.  The thin layer of soil under our feet can become saturated quickly, and sits on a cap of coral rock that only allows for a slow flow of water down to the aquifers below.  This, combined with the possibility of large amounts of precipitation in short periods of time creates conditions for major flooding in our urban areas.  When developers create residential communities and commercial areas, they need to take into account how much water needs to be stored or moved in order to prevent the project from flooding during major rain events.  Through careful planning and design, they route stormwater away from our homes and into a system of lakes and canals.  The size and number of lakes in our communities are a result of those calculations.  Lakes are dug to create a storage area for water runoff from storms.  The fill dug from the lakes is then used to raise the elevation of the homes around them.  Using a system of drains and pipes the water is directed from the

developed areas down into the lakes.  Some community lakes use weirs or culverts to connect   them to the municipal canal system.  This allows them to move excess water off the property once they reach a certain level. The system works well but requires regular maintenance in      order to ensure that it works properly when needed.  Scheduled inspections of storm drains and weirs is important to keep the water moving off our streets and properties efficiently.  These structures accumulate silt and debris, and will occasionally need to be cleaned out.  The lakes

themselves also need to be regularly inspected and maintained

 

Even though they are primarily man-made storm water basins, they do evolve and become living ecosystems like naturally occurring waterbodies.  Aquatic vegetation begins to grow in all lakes eventually, and much like our lawns, require regular attention in order to avoid become overgrown.  Exotic species such as hydrilla, hygrophila, and rotala grow quickly and can spread throughout acres of lake in a matter of months or less.  Such infestations are not only unsightly, but all those weeds are filling up the lake and taking up space meant to hold stormwater runoff.  Floating weeds such as water lettuce and water hyacinth can rapidly cover a lake surface, clogging and even damaging weirs and other outflows.  Excessive growth of vegetation near culverts and drain pipes can slow the flow of stormwater both into and out of the lake, causing backups of the system.  The longer these plants are left to grow unmanaged, the harder the problem is to get under control and the longer it will take.  Large scale infestations need to be treated in stages with regulated wait times between treatments.  This is done in order to not deplete the dissolved oxygen in the whole lake.  The other problem with established infestations is that the plants have had time to mature and grow extensive roots systems.   These root systems allow the plants to re-grow quickly after initial treatments and quite frequently require multiple follow up treatments to bring under control.  Even once treated, the herbicides take time to work and the plants take time to decompose and settle to the bottom.  Unfortunately, tropical storm events do not wait until conditions are best suited to deal with the results.  The best way to make sure your community is protected is to be proactive and maintain your system regularly.  Regular scheduled maintenance ensures that aquatic vegetation is kept at levels that don’t compromise your stormwater system and can potentially avoid costly repairs to its components.  Hurricane season corresponds with the time of year when these plants grow and spread the fastest due to the long, sunny days.  We have learned that being prepared for hurricane season means taking precautions before the storm arrives.  That wisdom should also definitely apply to our first line of defense against flood damage in our communities.

 

Author:  Stephen Montgomery / Senior Biologist

Allstate Resource Management

Allstate Resource Management has over 25 years of experience in maintaining the health of lakes, ponds, wetlands, and stormwater systems. We have continued since our inception to be the leader in resource management. Our services include lake management, wetland management, stormwater drain cleaning and maintenance, erosion control, fish stocking, native plantings, debris removal, water quality, aquatic pest control, and upland management. All of our technicians are thoroughly trained and certified in order to meet the strict standards imposed by governmental agencies. This ensures that your property will be treated by only the most competent individuals who are proud of the services we render.

In addition to providing a healthy habitat, we specialize in the installation and maintenance of beautiful color lit fountains, bringing beauty and enjoyment to any lake or pond.

We also offer support services for property managers and HOA’s including educational presentations and CEU programs. Our approved courses offer continuing education credit to CAMs.

 

 

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You have until September 10, 2020 to make a claim for damages that were the result of Hurricane Irma.

You have until September 10, 2020 to make a claim for damages that were the result of Hurricane Irma.

  • Posted: Sep 08, 2020
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If you have not properly addressed possible Hurricane Irma damage to your property – the time to do so is now.
Hurricane Irma first made landfall in Cudjoe Key, FL on September 10, 2017, which means you have until September 10, 2020 to make a claim for damages that were the result of Hurricane Irma.
September 10, 2020 is also the deadline to re-open or supplement a claim that has already been made for damages that occurred as a result of Hurricane Irma.
If you are unsure if your property sustained damage as a result of Hurricane Irma you should ask for an inspection by a qualified contractor, estimator or building inspector to assess whether hurricane-force winds damaged or compromised the roofing system and building envelope. Many companies offer this initial inspection free of charge. Given the complexities of a large loss claim, consider consulting with an attorney experienced in handling commercial insurance claims for condominiums and homeowners associations.
The deadline is fast approaching, so time is of the essence to file your hurricane claim. If you miss the deadline, you will be forever barred from initiating a hurricane Irma claim in the future.
We are available to assist you and connect you with top professionals in the industry to accurately evaluate hurricane damage and submit an insurance claim the right way – today.
At Cohen Law Group, It’s About Justice!
It’s more than a slogan, it’s our firm’s mantra. We are zealous in protecting your rights. We offer 24-hour availability through our answering service. Call us today.

(407) 478-4878

 

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Condos & HOAs are facing a cash flow crisis. Foreclosure is NOT the answer by Alexa

Condos & HOAs are facing a cash flow crisis. Foreclosure is NOT the answer by Alexa

  • Posted: Aug 27, 2020
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Condos & HOAs are facing a cash flow crisis. Foreclosure is NOT the answer

by Alexa Mitch Drimmer

We need to work with families in a kinder more gentle way to keep them in their homes and at the same time protect our communities.

Contact Axela Technologies for a free collections analysis Learn more at https://www.axela-tech.com

Watch the Short Video!

Community associations are facing a crisis. High delinquencies and increased costs lead to unstable cash flows for condos and HOAs across America. Axela Technologies offers a solution that will help safeguard your community’s cash flow.

Learn more at https://www.axela-tech.com

 

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Legal Update 2020 Summary: Florida Legislature passing several community association related bills this Season  By: Shayla Johnson Mount / Becker

Legal Update 2020 Summary: Florida Legislature passing several community association related bills this Season  By: Shayla Johnson Mount / Becker

  • Posted: Aug 18, 2020
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Legal Update 2020 Summary:  Florida Legislature passing several community association related bills this Season

By: Shayla Johnson Mount / Becker

The Florida Legislature was especially busy this past session filing, debating, and ultimately passing several community association related bills. Below is an outline of those bills and the potential impact on your community association this year.

 

  1. Emotional Support Animals – Chapter 2020-76 (Senate Bill 1084) – This long championed and highly anticipated bill managed to make it to the finish line this year to become law on July 1, 2020. This law amends portions of the Florida Fair Housing Act (Chapter 760.20, F.S.) to officially define an “emotional support animal” (“ESA”) and prohibit discrimination in housing against individuals with a disability-related need for an ESA. More specifically, the new law requires a housing provider (which for purposes of the law includes a community association) to make “reasonable accommodations” to allow for the individual’s ESA at no additional cost under certain circumstances. If the person’s disability is not readily apparent, the association can request additional supporting documentation from the person’s health care provider or other proof of disability (i.e.: proof of receipt of federal or state disability benefits). However, an association cannot inquire as to the person’s specific disability.  The new law also makes the individual directly responsible for any personal or property damage the ESA causes and also makes it a second-degree misdemeanor to falsify or misrepresent information or documentation concerning an individual’s need for an ESA.

 

  1. Fireworks – Chapter 2020-11 (Senate Bill 140) – The new law prohibits a homeowners association from passing a board-rule banning the use of fireworks on certain “designated holidays,” including New Year’s Eve, New Year’s Day, and Independence Day. This law does not specifically apply to condominium associations and a homeowners association is still able to amend its Declaration to regulate or limit the use of fireworks within the community.

 

  1. Law Enforcement Vehicles – 2020-5 (Senate Bill 476) – One of the first bills passed and approved by Governor DeSantis this session, is a law that prohibits a condominium, cooperative or homeowners association from prohibiting a law enforcement officer from parking his or her assigned vehicle in an area where the individual would otherwise have the right to park.

 

  1. State Reporting for 55+ Communities – Chapter 2020-153 (Senate Bill 255) – This law removes the requirement that 55+ communities must initially register, and biannually report its compliance status, to the Florida Commission on Human Relations. This bill does not eliminate the need for these communities to comply with federal reporting requirements.

 

  1. Housing Discrimination – Senate Bill 374 – This bill passed the House and Senate but, at the time of this writing, is still pending action by the Governor. If it becomes law, this bill will amend the Marketable Record Title Act  (Chapter 712, F.S.), to automatically extinguish and make void as a matter of law any “discriminatory restriction” on the basis of race, color, national origin, religion, gender or physical disability which are contained in an Association’s recorded governing documents.  The law would allow the board by majority vote to amend its governing documents to remove any such restrictions.

 

  1. Lease Requirements – Chapter 2020-102 (Senate Bill 469) – This law removes the requirement that a lease agreement must be signed by a subscribing witness.

 

  1. Florida Guaranty Insurance Claims – Chapter 2020-155 (House Bill 529) – This bill increases the amount of insurance available through the Florida Guaranty Insurance Fund from $100,000 to $200,000 for each condominium or HOA claim, where the association has the responsibility to insure residential units.

 

  1. Rental Agreements – Chapter 2020-99 (Senate Bill 1362) – Also known as the “Protecting Tenant at Foreclosure Act,” this law requires a party or entity who obtains a property at foreclosure that is subject to a pending lease agreement to provide to the tenant a 90-day notice to vacate.

 

Thankfully, Senate Bills 295 and 1488 did not pass, both of which would have significantly revised and limited the ability of a condo or homeowners association to bring construction defect claims against developers and builders on behalf of its members.  This year, the legislature revisited the controversial issue of regulating short term vacation rental (i.e.: Airbnb) through consideration of Senate Bill 1128 and House Bill 1011.  These bills would have prohibited cities and counties from passing ordinances regulating or limiting an owner’s ability to use their home or unit as a short-term vacation rental. Although neither bill specifically addressed an association’s ability to pass rules or regulations regarding short-term rentals, it is likely that this issue will return next year for further debate before the Legislature.  Prior to next year’s session, associations that are concerned with short-term rentals in their community should seriously consider amending their governing documents now as future versions of this bill may propose to limit an associations ability to regulate short-term rentals as well.

Shayla J. Mount is an Associate Attorney in Becker’s Community Association Practice Group. She focuses her practice on providing counsel and representation to homeowner and condominium associations throughout Central Florida. An experienced litigator,

she has handled collections litigation and served as general legal counsel for numerous homeowner and condominium association boards throughout Orange, Osceola, Seminole, Duval, and Sarasota Counties. Shayla regularly advises association boards on issues regarding vendor contracts and disputes, document amendments, and covenant enforcement issues.

She also has substantial experience handling a variety of civil litigation issues including small business and contracting actions, foreclosure defense, real estate transactions, and insurance disputes.

 

 

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