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FAN's Featured Blog Post
Can Condominiums Charge Capital Contribution Fees?
posted by Steven R. Braten, Shareholder and Paula S. Marra, Senior Associate, Rosenbaum PLLC, December 19, 2018
Our condominium association clients frequently ask whether they can charge “a new owner fee” or a “working contribution” or “capital contribution” to buyers of a unit. We respond “no.” 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.
The Association Can Inform the Members but Not Tip the Scales!
posted by Donna DiMaggio Berger, Community Association Law Blog, December 12, 2018
Rule 61B-23.0021(8), Florida Administrative Code, prohibits any endorsement in the mailing of the second notice of election. While you may be tempted to include information in that Second Notice that refutes any misinformation or outright lies found on other candidates’ information sheets, you need to discuss with association counsel what you can and cannot communicate to your members. Read more
Winter Landscaping Tips for South Florida
posted by Shane Humble, President, Complete Property Maintenance, Inc., December 20, 2018
 Happy holidays to you and your family! As the year comes to a close, holiday season is reaching it’s peak and cooler temperatures are beginning to reach the sunshine state. Most South Florida landscapes will do fine in a “normal” Florida winter, however unexpected below-average temperatures may do damage to some of your plants. Read more
Helpful Tips for Successful Condominium Association Annual Meetings, Elections
posted by Laura Manning-Hudson, Florida HOA Lawyer Blog, December 12, 2018
This is the time of year when many Florida condominium associations conduct their annual meeting and election of directors. Here are some helpful reminders about the process to ensure that your community’s meeting and election avoid potential glitches and remain in compliance with Florida law. Read more
Nuisances – What Is A Board To Do?
posted by Jeffrey Rembaum, Esq. of Kaye, Bender, Rembaum, December 17, 2018
 In dealing with any possible nuisance, the board should first decide whether or not the activity in question constitutes a “nuisance.” Bear in mind, an individual’s personal hypersensitivity to another’s activity is not a nuisance. Read more
Term Limits Continue to Cause Confusion
posted by Becker, Florida Condo & HOA Law Blog, December 17, 2018
As discussed at length previously, there remains a serious question as to whether this law should be applied retroactively. As noted in my October 14th column, the Division of Florida Condominiums, Timeshares, and Mobile Homes, the state agency that has certain regulatory oversight over condominiums, has concluded in at least one case that the law does apply retroactively. Read more
Your Association’s Contractor Walked Off The Job – Now What??
posted by Jeffrey Rembaum, Esq. of Kaye, Bender, Rembaum, December 10, 2018
 As happens far too often, contractors bid on an improvement project, start the work, only to later walk off the job. The contractor might do this for one of many reasons: the job was not bid correctly, prices go up, the laborers demand more money, and anything else that leads the contractor to believe they will make less in profits than expected. Read more
Boards Battle Burnout - Minimizing the Stress of Governance
posted by Mike Odenthal, The Cooperator South Florida, December 2018
While a productive building or association manager who ably navigates the day-to-day operations of one or more client communities may not have millions in the bank, it’s hard to argue that he or she is not ‘successful’ in practical terms. But effective property management requires a truly taxing level of accessibility, as a manager is expected to be the conduit for all of a co-op or condo’s woes. Read more
Protecting Tenants At Foreclosure Act of 2009 – Resurrected And Here To Stay
posted by Jeffrey Rembaum, Esq. of Kaye, Bender, Rembaum, December 14, 2018
 On May 20 2009, just after the peak of the national foreclosure crisis, a federal statute was enacted to help protect a residential tenant who was renting a unit subject to foreclosure from being evicted without being afforded a reasonable amount of time to find alternative housing. The federal law was known as “Protecting Tenants at Foreclosure Act of 2009”. Read more
Effective Committees - Delegating Makes Light Work
posted by Mike Odenthal, The Cooperator South Florida, December 2018
While by no means mandatory, the forming of standing committees to oversee certain constant aspects of association business (landscaping or events, for example) or ad hoc committees focused on shepherding through one single project (like a facade renovation) can go a long way toward alleviating the burden for the board or management. Read more
Can A Director Resign For Any Reason?
posted by David G. Muller, Florida Condo & HOA Law Blog, December 17, 2018
 Directors have the right to resign from service on the Board for any reason. The Florida Not For Profit Corporation Act (Chapter 617, Florida Statutes) likely applies to your condominium association, as most condominium associations in Florida are established as not for profit corporations. Read more
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