On March 23, 2018, Governor Rick Scott signed into law the 2018 legislative changes to the Florida Condominium Act. These changes become law on July 1, 2018. This blog post provides a detailed summary of these statutory amendments affecting Florida’s condominium associations: Official Records: For several official records, the seven […]
The Florida Marketable Record Title to Property Act (“MRTA”) can operate to extinguish interests in real property that were recorded prior to the “root of title” to a property. In Florida, the root of title must be established by a “title transaction” recorded at least 30 years prior to the […]
If the Covenants and Restrictions for your Homeowners’ Association were recorded in the public records more than 30 years ago, they may no longer be enforceable against some or all of the properties within your community. Unenforceable covenants create a myriad of problems, including an inability to collect association assessments and an inability to enforce aesthetic covenants that enhance property values within the community.
Florida’s condominium market has gained strength in the past five years; traditional sales are up, and prices are rising. In Northeast Florida, Condominiums and Townhomes spent an average of 11 fewer days on the market than single-family detached homes. As the condo market heats up and real estate developers consider […]
A seemingly whimsical story out of California offers Florida community association boards a valuable lesson in being vigilant in enforcing the covenants of the association’s declaration and making thoughtful, considered decisions.
Don’t let the terms “voluntary association” or “civic association” cause confusion or lead your association to believe that it is unenforceable & powerless.
Smoking is not as popular as it used to be. It’s now perceived as more of a nuisance than it is hip. Due to health issues and medical concerns, many private establishments enforce rules against smoking. In fact, state law prohibits smoking in many public places. This has led board […]
For community associations, when an owner goes into foreclosure, the best-case scenario is that the bank or mortgagee moves the property swiftly through the foreclosure process, and a new owner then takes possession and begins paying the assessments as they come due. In the absolute best cases, the foreclosure process […]
Florida’s community associations, including condominiums and homeowners associations, are required to keep and maintain its official records. See Fla. Stat. § 718.111(12); Fla. Stat. § 720.303(4). Upon request, those official records are to be made available to all members at reasonable times. Id. The Florida Condominium Act and HOA Act […]
The minutes of any meeting of the Board of Directors for a Condominium Association or a Homeowners’ Association are public records per Florida law. The minutes are required to be kept for 7 years. Fla. Stat. 718.111(12); Fla. Stat. 720.303(4). The minutes are the most requested and most useful of […]