On July 1, 2024, HB 59 became effective. This bill created new requirements for Homeowners’ Associations (“HOA”) to provide copies of certain records to members of the HOA, including the HOA’s declaration of covenants, amendments to the declaration of covenants, and the HOA rules. HOAs, as well as Community Association […]
by A. Hunter Faulkner and Maxwell A. Salain With a major hurricane making landfall somewhere in Florida on nearly an annual basis over the past several years, Florida’s property insurance market is in turmoil. Many carriers have left the state and those carriers still willing to write policies in the […]
“Why does the HOA care what I do in my backyard?” is an all-too-common question posed by homeowners. Responsible for maintaining the community rules, facilities, and appearance, homeowners’ associations have an important role in upholding community standards. However, a common complaint amongst owners revolves around their homeowners’ association’s (“HOA”) authority […]
On October 1, 2023, House Bill 919, also known as the “Homeowners’ Association Bill of Rights” took effect. This comprehensive bill provides several crucial changes related to the removal of homeowners’ association (“HOA”) officers and directors, fines and suspensions for violations of the declarations, bylaws, or rules of the HOA, […]
Solar power is gaining traction as a common source of meeting Floridians’ electricity needs. In most cases, homeowners capture solar energy through the installation of roof mounted solar panels. Though readily accessible to most, solar panels are often unsightly and are a topic of concern and debate in community associations. […]
In Florida, the Homeowner’s Association Act (Chapter 720) governs homeowners’ associations (HOAs) and addresses a wide array of critical issues. Effective on October 1, 2023, Florida legislature made some changes to the Act which have significant implications for HOAs and their members.
Learn about mandatory mediation for certain disputes in Florida before filing a lawsuit, and the special requirement for written settlements reached in mediation. The recent Parkland Condominium Association Case sets an example of the importance of parties, attorneys, and mediators ensuring all parties sign a settlement agreement for it to be enforceable. Discover the details of this case and the general rule of law in Florida that favors enforcing settlements whenever possible.
Florida law provides that community associations may collect assessments from unit owners to cover operating and maintenance costs. If a unit owner fails to pay, the association may record the unpaid assessment as a lien against the property and eventually file for foreclosure. However, to perfect the assessment as a […]
Ownership of waterfront property is very desirable in Florida and often involves unique real property considerations. As a result, a subset of real property law has emerged to address what is called “riparian rights.” Riparian rights include the rights of ingress, egress, boating, bathing, fishing and even the right to […]
On May 26, 2022, Florida Governor Ron DeSantis signed the Building Safety Act for Condominium and Cooperative Associations (“Building Safety Act”) into law. The Building Safety Act brings sweeping changes to Florida’s condominium and cooperative association laws, particularly regarding building inspections and reserves. This article will provide an overview of […]