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FAN's Featured Blog Post
“Vaping” Rules Questioned
posted by Joseph Adams, Florida Condo & HOA Law Blog, April 14, 2019
 Although I am not aware of any case precedents on point, I think “vaping” is different than “smoking” in the eyes of the law. However, just because the posted sign only deals with smoking, there may be other written rules that specifically address this issue. If not, you might want to suggest that your board look at updating the rules. Read More
Industry News and Articles
Keep in mind that some of the articles are directed toward HOAs or condos specifically, but most can be applied to all types of community associations.
Stricter Disciplinary Penalties for Florida Community Associations Now in Effect
posted by Laura Manning-Hudson, Florida HOA Lawyer Blog, April 10, 2019
A couple of years ago we saw the Florida state legislature add teeth to Florida’s condo and HOA laws governing theft, fraud, abuse and conflicts of interest. Recently, the Department of Business and Professional Regulation, the state agency that governs community associations, followed suit by implementing harsher civil disciplinary guidelines for condominium association infractions. Read more
Hoarders Present Difficult Challenges for Association
posted by Joseph Adams, Florida Condo & HOA Law Blog, March 31, 2019
 One line of inquiry is whether this person is over the age of 60 and/or has a disability; whether his unit is unsafe or unfit for human occupancy; whether he is also neglecting his health and hygiene, pets, and/or dependent children; and whether his failure to maintain the interior of the unit violates the condominium documents. Read more
HOA Board Can Purchase Bulk Cable and Internet
posted by Joseph Adams, Florida Condo & HOA Law Blog, April 7, 2019
Section 720.309(2), the Florida Homeowners’ Association Act, states that if the governing documents authorize the association to incur the cost of communication services, information services, or internet services obtained under a bulk contract, such expenses shall be deemed an operating expense of the association. Read more
Election Voting Assistance
posted by Marilyn Perez-Martinez, Florida Condo & HOA Law Blog, April 17, 2019
 In the Condominium Act, it is very clear that only a unit’s owner can vote in election. That means that an election can’t be decided through the use of proxies (limited or general). There is an exception for associations with fewer than ten units who have voted to follow a different voting procedure. Read more
Don’t let the state force expensive fire prevention systems on condos that were given the right to opt out
posted by FAN, Florida Association News, April 22, 2019
The Senate Rules Committee will vote on SB 908 – a bill that mandates an Engineered Life Safety System (ELSS) in condo and coop association buildings that opted-out of sprinklers. This is the last committee that will vote on SB 908 – and if it passes, the bill will be eligible for a vote by the full State Senate. Read more
Article by Lindsey Thurswell Lehr and Susan Odess in Today’s Miami Herald: “Lawsuits by Condo Associations Against Neighboring Developers, Builders Are New Norm”
posted by Sigfried Rivera, Florida HOA Lawyer Blog, April 8, 2019
 The article, which is titled “Lawsuits by Condo Associations Against Neighboring Developers, Builders Are New Norm,” focuses on the spate of recent lawsuits against South Florida condominium developers and general contractors alleging their construction work caused physical damage to neighboring condominium towers. Read more
Names of Unit Week Owners not Available in Timeshare Condominiums
posted by Joseph Adams, Florida Condo & HOA Law Blog, April 21, 2019
When it comes to providing the names (and other information) of owners of a timeshare, the “rules” are different. Unlike the Condominium Act (Chapter 718, Florida Statutes) or the Cooperative Act (Chapter 719, Florida Statutes), the Florida Vacation Plan and Timesharing Act (Chapter 721, Florida Statutes) provides that notwithstanding any provision of the Condominium Act or the Cooperative Act, an association may not furnish the name, address, or e-mail address of any owner to any other owner unless the owner whose name, address, or e-mail address is requested first approves such disclosure in writing. Read more
Can an Association Be Held Liable for Discriminatory Conduct of Residents?
posted by Sara K. Wilson, Florida Condo & HOA Law Blog, April 17, 2019
 Legal precedent has established that associations may be held liable for discriminatory acts committed by its Board members as well as its agents, including the association manager. Pursuant to a 2016 rule enacted by the U.S. Department of Housing and Urban Development (“HUD”), however, associations can also be held liable for failing to “correct and end” discriminatory acts of residents. Read more
Can a Director Resign for Any Reason?
posted by David G. Muller, Florida Condo & HOA Law Blog, April 17,2019
The Florida Not For Profit Corporation Act (Chapter 617, Florida Statutes), which applies to most community associations in Florida, requires resignations to be in writing and delivered to the corporation. Read more
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