Category Archives: HOA Condo Association
Selective Enforcement Of HOA Rules Can Lead To Legal Issues
Homeowners’ associations have rules for a reason, and it is up to the board to enforce them equally. Most do – but at times, whether intentionally or unintentionally, a board may allow one or more members of the association to do as they please (at least, up to a point). When this occurs, it… Read More »
Hurricane Season Is Coming. Is Your Community Association Ready?
Historically, Florida’s Condominium Act only ever required associations to set required specifications for hurricane shutters, such as size or material, and the Florida Homeowners’ Association Act did not have any specifications about hurricane protection at all. In 2024, however, the state legislature made changes to both Acts, stating that both these types of associations… Read More »
Dealing With Hoarding In Florida Community Associations
Most of the time, community associations are required to treat violations of association guidelines fairly harshly in order to keep things running as they should, or to set an example for other owners to follow. However, when mental illness is a factor for a resident, it can throw an association board into flux. Hoarding… Read More »
Can “55+” Communities Ban Children?
The federal Fair Housing Act came into effect in 1989. It barred landlords and homeowners from discriminating against tenants or buyers based on characteristics, among them including such as race/color, disability, and ‘familial status.’ This term was added one year later, and is generally construed to mean whether or not someone has children. A… Read More »
How Do HOAs Enforce Association Rules?
Homeowners’ associations (HOAs) are common in Florida, and provide several advantages to property owners, including landscaping and maintenance, amenities, and rules to regulate potentially offensive conduct. However, an HOA is only as peaceful as its rules and regulations, and whether or not it has the authority to enforce them. If you are a member… Read More »
Is My Community Association Engaging In The Unauthorized Practice Of Law?
Community associations deal with several different issues every day, many of which are legal in nature. However, it is important that board members understand the limits of their purview; if they exceed these limits, they can be accused of the unauthorized practice of law (UPL). If you are unsure as to whether you have… Read More »
Condo Boards & Companion Animals
A service animal is an animal – only a dog or, in rare cases, miniature horses – which is trained to perform one or more tasks directly related to a person’s disability. An emotional support animal (ESA) is an animal whose mere presence provides stability and comfort, but is not task trained. Federal and… Read More »
Florida Condo Associations & Special Assessments
In a Florida condominium association, each owner has both rights and responsibilities, including the obligation to pay dues and assessments. So-called ‘special assessments’ have become somewhat of a lightning rod in recent months and years, however, as changes in Florida’s condo laws have led to disproportionately large assessments being levied. If you are a… Read More »
Foreclosure On HOA Parcels In Florida
Many people are unaware that in some extreme cases, a Florida homeowners’ association (HOA) has the right to foreclose on a parcel if the homeowner does not pay their association dues. Most of the time, an HOA and a delinquent owner will be able to work out a payment plan or another arrangement, but… Read More »
New Law Requires Website For Larger Condo Associations
Over the past few years, the Florida legislature has passed numerous laws intended to push homeowners’ associations (HOAs) and condominium associations to be more transparent, both with their constituents and with the public at large. A law that went into effect in July 2024 expands that mandate, requiring condo associations with 25 or more… Read More »