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Colby Keefe is a member of Henderson Franklin's Real Estate Department and Condo & HOA Group. She also has experience in condominium and homeowners’ association law. Colby endeavors to provide clients with clear and understandable counsel on a broad range of association issues including interpretation and amending of governing documents, contracting with vendors, zoning ordinances, liability policies, collections, foreclosures, and compliance with applicable state and federal laws such as the Fair Housing Act.

Colby is also a seasoned speaker and provides continuing education and board certification courses to condominium association managers. She also understands the nuances of association operations and has established strong relationships with Board members, management firms, and community association industry professionals as a member of the Community Association Institute.

Naples FL CondoCondominiums, cooperatives, and homeowners associations will see many changes to their operations following the new laws borne from Florida’s 2021 legislative session. Among these changes are new laws governing rental restrictions in homeowners associations in Senate Bill 630. The bill, which passed both the House and Senate, is anticipated to be signed into law by Governor DeSantis and will have an effective date of July 1, 2021.

The new law reflects the homeowners association’s corollary to rental restrictions which have been in Chapter 718 (the “Condominium Act”) since 2004. In summary, the new law will implement that following changes affecting how and against whom rental restrictions may be enforced in homeowners associations:
Continue Reading New laws prompt HOAs to examine – and quickly change – rental restrictions in advance of July 1, 2021 effective date

Gated CommunityThe 2021 Florida Legislative session, which ended on April 30, 2021, was an active one for proposed community association legislation.

The following community association-related bills have either been signed into law or have passed the House and Senate and are pending signature by Governor DeSantis, with anticipated effective dates provided:
Continue Reading 2021 Florida legislative session brings significant changes to community association laws

Earlier this week, Florida Governor Ron DeSantis signed S.B. 72 into law, which grants some civil immunity to business entities against plaintiffs bringing COVID-19 injury and wrongful death claims. A review of the impact S.B. 72 has on business entities and civil claims is provided by my colleague and litigation attorney Heath Gelman here. The bill applies to “certain business entities,” in recognition of the public interest as a whole served by

providing relief to these business … so that they may remain viable and continue to contribute to this state.”

Among other types of businesses included in the definition of “business entities” are corporations not-for-profit under Sec. 617.01401, Fla. Stat. Based on a plain reading of the law, this would include condominium and homeowners’ associations, although it remains to be seen how the application of the law will be interpreted as it percolates in Florida courts.

Sigh of relief


Continue Reading New COVID-19 Civil Immunity Law Provides Relief to Florida Condo and HOAs

Our team previously wrote about pet restrictions in a 2014 article located here. Nearly six years later, pet restrictions continue to be a breeding ground for confusion, particularly with respect to fair housing and discrimination laws and as those laws relate to recent legislation which took effect in July 2020.

According to statistics provided by The Humane Society of the United States, approximately 67% of all households throughout the United States had a pet based on data collected from 2019-2020. While pets have become a mainstay in most American households, they are not necessarily as common in condominium and homeowners association. The governing documents of many community associations impose limits on the types and number of pets a member or tenant may keep in a unit or home.

These pet restrictions take varying forms; sometimes, the goal is to curtail what are deemed to be aggressive or dangerous breeds as defined by the governing documents. In other instances, a restriction may limit the number of pets a single owner may keep, or may define what types of animals are deemed domesticated and permitted to be kept as a pet at all.

Proceed with caution


Continue Reading Pet restrictions revisited: Community associations continue to navigate pet restrictions as new Florida law addresses fraudulent emotional support animal claims and documentation