Category Archives: Condo Association
Can Florida Community Associations Ban Masks?
In late 2023, the Florida legislature and governor passed a law, euphemistically called the Protection from Discrimination Based on Health Care Choices Act, which bans businesses and governmental entities from refusing opportunities based on vaccination status – and prohibits the requiring of masks in public places. In the rush to declare normalcy, though, there… Read More »
Community Associations & Hurricane Preparedness
Summer is the start of hurricane season in Florida, and community associations generally try to begin to prepare for storms as early as possible to protect their residents, particularly in more storm-prone areas like Miami and the Keys. (Broward County has its fair share of hurricanes as well). There are certain steps that every… Read More »
Can Homeowners Fly “Historic” Flags In An HOA?
Homeowners’ associations (HOA) in Florida have the right to regulate almost everything that happens in the association, from assessment payments to what color a homeowner may paint their garage. This extends to the display of flags – more and more nowadays, some homeowners are choosing to display not only the U.S. flag, but also… Read More »
Can Unenforced Community Association Restrictions Be ‘Revived?’
There are many different documents that govern a Florida community association: bylaws, the Declaration of Condominium, the conditions, covenants and restrictions (CC&Rs), and other rules that may have been passed by the board. In theory, they are meant to be observed and followed, but over time, it is not uncommon for enforcement to grow… Read More »
Florida Condo Board Members & Fiduciary Duty
Almost every condominium building is run by an association, which then nominates or elects a board of directors. While every unit owner is an association member, the board of directors is generally a smaller group, and may include a professional property manager or management company, as well as unit owners. In Florida, both the… Read More »
Emotional Support Animals & Community Associations
There are many, many people who own pets and get genuine love and joy from that relationship. Some animals, however, have a higher calling, being specifically registered as emotional support animals (ESAs) or service animals to assist their owners with specific conditions. That said, it is sadly not uncommon for landlords and other housing… Read More »
Installing Security Cameras In Florida Condo Associations
More and more often nowadays, community associations are installing security cameras in common areas, in order to combat potential criminal acts (for example, vandalism) or negligent behavior. However, an association cannot simply install them – Florida case law holds that to install cameras is a ‘material or substantial alteration’ to the common areas, and… Read More »
Parking Violations & Florida Condo Associations
When you rent or purchase a condominium in Florida, you should be aware that the strong majority of them are overseen by condo boards, which have guiding rules and regulations that must be obeyed. One of the most common causes of disputes between condo owners, or between an owner and the condo board, is… Read More »
How Are Absentee Condo Owners Handled In Florida Law?
It is unfortunately a fact of life that in many multifamily condominium buildings, there are absentee owners. While one might think that this would not affect other owners, or the condo board as a whole, there are issues that can appear, particularly with regard to maintenance and upkeep. If you are a board member… Read More »
Tragic Condo Tower Collapse Raises Liability Questions
The collapse of Champlain Towers South in Surfside, Florida has led to 98 deaths. The building collapsed on June 24, 2021, causing untold numbers of injuries as well as unfathomable property damage for its residents. While no official cause of the tragedy has been determined, several signs have raised questions of ultimate liability, particularly… Read More »
