As 2016 closes, we reached out to our team and asked them to share some of the most notable issues in real estate and land use & environmental law:
2016 saw the CFPB regulations and Best Practices requirements move into high gear with respect to financed residential closings. Lenders, attorneys,
Association boards frequently ask what recourse they have against owners who fall behind on paying assessments, or violate other provisions of an association’s governing documents. While most associations’ governing documents provide for the right to fine owners and place a lien on their property, not all boards are aware that they may also suspend owners’ rights to use common elements or facilities.
Continue Reading Can an Association Suspend an Owner’s Right to Use Common Facilities?
Relatively recently, sites like VRBO have revolutionized how people travel. They also have made it easier for the average person to rent out their home without the need for professional assistance.
Are you considering renting your second home or condo during this fast-approaching Southwest Florida tourism season? If so, have you considered that you might be fined if you don’t have a license?
Florida law requires anyone in Florida renting a home to guests more than three times a year for stays which are less than 30 days to have a license. This means most of the people listing their homes on VRBO or otherwise advertising their house as available for rent to the public need to get a license from the DBPR- Division of Hotels and Restaurants.
Continue Reading What You Need to Know if You Are Considering Signing Up with VBRO
Southwest Florida has been fortunate in the first month of this 2016 hurricane season, but if a hurricane crops up next week, is your association prepared?
Here are a few suggestions for protecting yourselves and your association members this hurricane season:
In light of the recent death of a 2 year old boy by an alligator attack in the Orlando Walt Disney World Resort, associations who operate water bodies within their communities may be wondering what, if anything, they should do to help prevent such tragedies and to protect themselves from liability in the event a wild animal does attack.
The concept is called “ferae naturae” in legal terms, meaning “wild animals.” The question is whether an association owes a duty to its homeowners to guard them against wild animals. In short, the answer is “no.”
Continue Reading Disney Alligator Death is a Wake Up Call to Florida Associations
“How do you get them to read?” Sterling Jenkins, CEO and Co-Founder at Gladly, who has both lived in and managed community associations, recently posed this question to the Community Associations Institute group on LinkedIn. Mr. Jenkins acknowledged the importance of community association’s governing documents, but that so few people who live in associations actually read them.
This question comes up a lot from our association clients. The short answer to the question is “yes.”
Under Florida law, community associations are required to provide owners with an end-of-year financial report. Specifically, within 90 days after the end of the fiscal year, or annually, as provided for in the bylaws, the association shall prepare and complete a financial report for the preceding fiscal year. The financial report must be mailed or hand delivered to the address last provided to the association, upon written request from an owner.
Continue Reading Are Community Associations Required to Provide Financial Reports to Owners?
In addition to providing legal services, Henderson Franklin attorneys are involved in numerous community organizations throughout Southwest Florida. Over the next few weeks, we will be letting our blog readers get to know the members of our Condominium and Homeowners’ Association group a little better by sharing some of the exciting organizations and events we have been involved in.
Today, meet Shannon Puopolo. Not only does Shannon handle association and real estate litigation matters, including collections and foreclosures, and other commercial litigation matters, she serves on boards of several local organizations, including the Guardian Ad Litem Foundation. Shannon gives the highlights of the Foundation’s signature event of the year for us in her latest blog:
Many Americans enjoy the annual tradition of watching the Kentucky Derby. Some even partake in dressing the part, by putting on their finest hats, bowties, and pastel-colored clothing. In Southwest Florida, the community combines this time-honored tradition with a charitable cause – namely, raising money for at-risk youth in our legal system.
On Saturday, May 7th, the Guardian ad Litem Foundation (“GALF”) held its annual Viva La Derby Party, which raises money to support, recruit, and train volunteers who advocate for abused, neglected and abandoned children in the child welfare and court system.Continue Reading Meet Henderson Franklin’s Condo and HOA Team Members: Shannon Puopolo
As we quickly approach the summer, many homeowners, including board members, will be returning to homes up north for the summer. Boards and association managers should take a few minutes to brush up on the requirements for meetings of executive committees that may be appointed to act on behalf of the Board in the absence of some or all of the directors.
Formation of Executive Committees
Boards have the authority under The Florida Not For Profit Corporation Act, unless otherwise prohibited by the Articles of Incorporation or the Bylaws governing the corporation, to adopt a resolution designating from among its members an executive committee to exercise the authority of the board. With the large number of seasonal owners in many communities throughout Southwest Florida, it is not uncommon for the boards of such communities to appoint an executive committee to assist in the operation and care of the association property during the summer season.Continue Reading Community Association Executive Committees: Reminders for Successful Summer Meetings
Criminals do not qualify as a protected class under the Federal Fair Housing Act (FHA). However, the Department of Housing and Urban Development (HUD), the federal agency responsible for administering the FHA, recently issued a statement affording criminals certain protections when they apply to purchase or rent a residence.
Because of these protections, sellers and housing providers subject to the FHA, such as condominium and homeowners’ associations, should be careful to ensure their well-intentioned policy of checking applicants’ criminal history records doesn’t result in an FHA violation.
HUD issued the recent statement after analyzing national, state, and local statistics on arrest, conviction, and incarceration rates in the United States. The analysis results demonstrated that African Americans and Hispanics are arrested, incarcerated, and convicted at rates disproportionate to their share of the American population.
Given these disproportionate rates, HUD found that criminal records assessments were having a disproportionately negative impact on African Americans and Hispanics.
Tips On Using Criminal ConvictionsContinue Reading Association Criminal Background Checks Could Lead to Discrimination Claims Under FHA