Community Association Industry Legal Blog

It is inevitable. Every condominium and homeowners’ association must deal with it. It destroys budgets, makes future planning difficult, and burdens all other responsible unit owners with making up the deficit. You guessed it – delinquent unit owner assessments. Because of the devastating impact that unpaid assessments have on associations, the Florida Condominium Act provides some beneficial remedies for associations to utilize in attempting to collect on unit owner delinquencies. For example, Section 718.116, Florida Statues, gives condominium associations a statutory lien on community properties for unpaid assessments, which can be foreclosed similar to a mortgage foreclosure. Section 720.3085, Florida Statutes, provides homeowners’ associations with that same remedy. Yet, associations often overlook what is arguably the most effective remedy available, which is the association’s ability to collect rental payments from the tenants of delinquent homeowners.

Section 718.111(12) of the Florida Condominium Act and Rules 61B-22.002, 61B-22.003(3), 61B-23.002(7) and 61B-23.0021(13) of the Florida Administrative Code provide guidelines for the maintenance and inspection of the association’s official records. This blog post will identify what constitutes association official records, what records are exempt and procedures for requesting and responding to official records requests.

Florida’s Condominium Act provides that associations have the power to make and collect assessments from unit owners, so long as such power is designated in the association’s declaration. Fla. Stat. § 718.112(2)(g). The board also has the authority to meet each year to discuss the association’s budget and to increase the assessment amount charged to each unit owner if the budget so requires in order for the association to remain solvent. Fla. Stat. § 718.112(2)(e). These assessments are levied to cover the common expenses incurred by the association, which are ultimately the responsibility of each unit owner pursuant to Florida Statutes and most association declarations. See Fla. Stat. § 715.118(2). The phrase “common expenses,” as used in this context, is a legal term defined by the Condominium Act. This blog post explores that definition of common expenses, including what falls under the definition as it relates to condominium associations and unit owner assessments.

Condominium associations experience turnover within their board of administration every few years, on average. Every now and then, for various reasons, unit owners desire to recall a specific board member after he or she has been elected. Section 718.112(2)(j), Florida Statutes, provides for the rules and procedures that an association must follow to recall one of its board members. That section is contained within the required provisions of Florida’s Condominium Act, meaning that these rules and procedures for recall are deemed included within each association’s bylaws. This blog post discusses what every association should know about recalling board members, according to the Florida Statutes.

On September 20, 2013, Florida’s Second District Court of Appeal issued an opinion in the case of Cricket Properties, LLC v. Nassau Pointe at Heritage Isles Homeowners Association, Inc. This opinion is of great importance to all community associations across the state of Florida as it concerns an association’s ability to enforce liens for unpaid assessments when there has been an issuance of a tax deed on the subject property. According to Florida’s Second DCA, an association lien for unpaid assessments does not survive the issuance of a tax deed. Cricket Properties, LLC v. Nassau Pointe at Heritage Isles Homeowners’ Ass’n Inc., No. 2D12-6194 (Fla. 2d DCA 2013).

Recent changes to the Florida Statutes may require many condo associations to modify their parking management programs. The Florida Legislature enacted House Bill 73 (“HB 73”), effective July 1, 2013, which limits the association’s power to suspend unit owners, tenants and guests from using specific common elements under Section 718.303(3)(a), Florida Statues. Among the new changes: an association may no longer suspend the right of owners, tenants or guests from using parking spaces. Until recently, this statute has been a broad source of power for associations to incentivize unit owners and residents to comply with the rules of the association. But the legislature giveth; and the legislature taketh away. So how do these new changes affect the status quo of an association’s parking program? Will condo associations be liable for expenses and damages for towing unauthorized vehicles? And how does the condo association comply with the new law, and yet still accomplish the goals of the association? This Blog post seeks to answer those questions and more.

Condominium associations in Florida often receive requests from unit owners to examine the “official records” of the association, as well as written inquiries seeking information from the association’s board. See Section 728.111(12) and 718.112(2)(a)2. of the Florida Statutes. The Florida Condominium Act empowers condominium unit owners to request such information, however, the scope of such requests inquiries is limited.

Florida’s condominium associations have been delegated authority by the Florida legislature to create and enforce their own bylaws so long as they do not conflict with the Florida Statutes. There are some provisions, however, that associations have no say in and those provisions must be included in their bylaws. These are found in Section 718.112, Florida Statutes. This blog post focuses on a few of those required provisions concerning board of administration meetings.

Many unit owners of properties within Florida’s condominium associations fail to realize that when they gain title to that property they are subjecting themselves not only to the Florida Statutes governing such associations but also to the association’s own rules and regulations. Moreover, many tenants, lessees and other occupants of association properties also fail to realize they are subject to such laws, rules and regulations by contracting to reside on the premises. Section 718.303, Florida Statutes, makes clear the obligations of unit owners and their tenants and provides for the remedies available to associations when such occupants break the rules. This blog post will provide a brief overview of Florida law concerning this issue.

The insurance requirements for condo associations and their unit owners have been codified by the Florida legislature within Section 718.111(11), Florida Statutes. What is important for interested parties to know is that the current Florida Statutes are controlling on the issue of property insurance requirements, regardless of what is contained within a condominium’s declaration or when it was recorded. In fact, the statute’s first sentence explains that, “this subsection applies to every residential condominium in the state, regardless of the date of its declaration of condominium.” Fla. Stat. § 718.111(11) (2013). Section 718.111(11), Florida Statutes, was amended in 2013, and this blog post is to provide interested parties with a high-level overview of the current insurance requirements of Florida’s condominiums and their unit owners.