Listen to this post

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

Listen to this post

Statutory Authority for State of Emergency Extensions in Florida

As explained in our earlier blog posts, Section 252.363, Florida Statutes, provides that certain qualifying permits and authorizations can obtain extensions following a declared State of Emergency for the amount of time the declaration was in effect, plus an additional six months.

In order to obtain an extension under the statute, the applicant must submit a written request to the authorizing agency within 90 days after the State of Emergency has expired.

The State of Emergency for Heavy Rainfall Has Expired

Continue Reading Once Again, Now is the Time to Extend your Permits in Lee County

Listen to this post

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 Convictions

Continue Reading Association Criminal Background Checks Could Lead to Discrimination Claims Under FHA

Listen to this post

Thanks to the Florida Legislature, community associations can now make use of technology to increase convenience and decrease costs and time required to conduct member votes. The homeowners’, condominium, and cooperative acts were all amended, effective July 1, 2015, to allow associations to conduct owner votes, including elections, using an internet-based online voting system if certain criteria are met. The Division of Florida Condominiums, Timeshares and Mobile Homes adopted rules to provide further guidance for electronic voting for condominiums and cooperatives, which were effective on March 20, 2016.

Where to Begin

Continue Reading Electronic Voting in Community Association Elections Offers Convenience and Promotes Member Participation

Listen to this post

On April 21, 2016, Southwest Florida’s state legislators presented a “Legislative Wrap-Up” at the Cohen Center of Florida Gulf Coast University. This year’s event was well attended and presented for the first time as a collaborative effort between and among ULI of Southwest Florida, REIS, and the FPZA.

This Year’s Legislative Panel

Attendees had the pleasure of hearing about many of this year’s successful and unsuccessful bills from the following legislative panel:

Highlights from the 2016 Legislative Session

Following a brief introduction by moderator Jenna Buzzacco-Foerster, each panelist was given several minutes to discuss their greatest accomplishments of the 2016 Legislative Session.

Continue Reading 2016 Florida Legislative Wrap-Up Presented by ULI SW Florida, REIS and FPZA

Listen to this post

Selling or buying a home within an association may not be as simple as buyer offers and seller accepts.

In Florida, condominium and homeowners’ associations may require potential buyers to submit an application to the association before allowing the buyer to close on the property. A buyer’s failure to timely submit an application to a governing association could delay closing.

Here are a few tips for anyone looking to buy or sell a home governed by an association:

  1. Before listing your home, review the governing documents to see if they include provisions subjecting potential buyers to the association’s approval;
  2. If they do, check with the Association manager early on to see if there is a timeframe attached to the approval process, e.g., buyer must submit an application no later than 30 days prior to the transfer of property; and
  3. Apply early to give the association adequate time to process the application.

Following these steps will help minimize the risk of delays in your closing.

 

Photo credit: MarkMoz12 under Flickr Creative Commons License

Listen to this post

This question comes up a lot from our association clients, who are often unsure about how to proceed, for fear of violating the automatic stay. Many associations know they should refrain from seeking collection efforts against homeowners for outstanding pre-petition assessments, but what about post-petition assessments? Further, can the association attempt to recoup pre-petition assessments without violating the automatic stay?

Case Study – Montalvo

A recent decision in In re Federico Augusto Montalvo, 546 B.R. 880 (M.D. Fla. 2016) addressed these issues. The owner of two condominium units filed Chapter 13 bankruptcy and specified in his Chapter 13 Plan that he was surrendering his interest in the units, although he held title to units during the pendency of the bankruptcy case.

Continue Reading Can an Association Collect Assessments Once a Homeowner Files Chapter 13 Bankruptcy?

Listen to this post

Community associations which have rental restrictions and policies that require association approval of prospective tenants should be cognizant of a new law that will go into effect this summer. Many association policies in this regard afford the association a fairly lengthy period of time, sometimes up to thirty days, to complete review and processing of a rental application. However, effective July 1, 2016, the time period an association has to complete the review process will be statutorily limited as it relates to applications of prospective tenants that are members of the U.S. Armed Forces on active duty or state active duty, the Florida National Guard, or the United States Reserve Forces.

Chapter 2016-242, Laws of Florida, passed on April 15, 2016, provides for the creation of Section 83.683, Florida Statutes (part of the Florida Residential Landlord and Tenant Act), relating to rental applications by a servicemember. Under the new law, associations that have policies requiring prospective tenants to submit an application for approval by the association prior to residing in a rental unit or parcel within the association’s control  must complete processing of a rental application submitted by a prospective tenant who is a servicemember within 7 days after submission. Further, the association must, within that 7-day period, notify the servicemember in writing of an application approval or denial and, if denied, the reason for denial. Absent a timely denial of the rental application, the association must allow the unit or parcel owner to lease the rental unit or parcel to the servicemember and the landlord must lease the rental unit or parcel to the servicemember (presuming all other terms of the application and lease are complied with).

This law will be applicable to any condominium association under Chapter 718, cooperative association as defined in Chapter 719, or homeowners’ association as defined in Chapter 720.

Listen to this post

Gated community associations are perceived as being safer communities, which attracts homeowners who are willing to pay a premium to feel safer in their homes. However, sometimes the expectation of having a high degree of security can backfire when a crime occurs within the gates.

We have seen an uptick in negligent security cases. Criminals will be criminals, and they find ways to exploit gaps in security measures. Homeowners who have taken their security for granted because of the gate and walls may be lax in taking personal precautions to protect themselves– leaving doors unlocked, not turning on security alarms, not being as vigilant when outside at night. Such oversight may result in the homeowner becoming a victim of a crime. Looking for deep pockets, the homeowner victims in some cases have sued their association for not having provided the security the homeowner claims they expect and have been guaranteed.

Continue Reading Gated Communities: How Associations Can Reduce Liability for Neighborhood Crimes

Listen to this post

While enjoying themselves on their balcony, condominium unit owners have been consistently molested by clouds of cigarette smoke emanating from their neighbor’s balcony. They want to know what the Association can do to help.

The answer depends on what is in the declaration of condominium.

Assuming the declaration doesn’t include a restriction against smoking on the balconies, a general nuisance provision in the declaration may provide the Association or complaining unit owner with some recourse. The drawback to this general provision is that without specifically prohibiting smoking on limited common elements, enforcement may be rather challenging and time-consuming.

If the declaration or bylaws allow the Association to make rules regulating the limited common elements, the Association may have a simpler approach to eliminate the smoking problem.

If that is the case, the Association could pass a rule which prohibits smoking on balconies, classifying it as a nuisance. After all, having smoke blown in your face certainly disrupts your peaceful enjoyment of your balcony.

By specifically prohibiting smoking, enforcement of the rule becomes much easier.

While under the general nuisance provision, the smoker could have argued that his smoking did not rise to the level of a nuisance. Under this specific provision, there is no room for the smoker to argue whether or not smoking falls under the definition of “nuisance.”

With the prohibition spelled out in a properly-adopted rule, the Association can more easily take enforcement action, and the unit owners can go back to enjoying their balcony in peace.