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Category Archives: HOA Condo Association

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Changes To HOA Laws Encourage Transparency For Owners

By Seward Law Office, P.A. |

In the last few years, Florida’s legislature has enacted several new measures designed to make real estate transactions more transparent, particularly in homeowners’ associations (HOAs). Two more are set to come into effect later in 2024, and both owners and HOA board members should familiarize themselves with their requirements. One has to do with… Read More »

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CondoBldg

New Post-Surfside Law Creates Problems For Condo Buyers

By Seward Law Office, P.A. |

In 2021, the partial collapse of Champlain Towers South in Surfside, FL killed 98 people and led to major legislative changes in how condo boards do business in the state. The legislature passed significant reforms in 2022-23, requiring recertification of buildings over three stories tall, as well as a mandate for each building to… Read More »

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Can A Florida HOA Sue A Homeowner?

By Seward Law Office, P.A. |

Homeowners’ associations (HOAs) in Florida generally try to settle disputes with parcel owners via meetings or alternative dispute resolution options like mediation. If all other options have been exhausted, a homeowner may file suit against their HOA, but it is also more common for the HOA to file suit against the owner. There are… Read More »

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What Is Condo Deconversion?

By Seward Law Office, P.A. |

Condominium deconversion is a process by which a condo building is converted back into apartments or into single-family homes (depending on the size of the building). While there are several different reasons why a condo board might choose to pursue deconversion, it can still be a nasty shock to condo owners who planned to… Read More »

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CondoUnits

Limited Common Elements In Condo Associations

By Seward Law Office, P.A. |

Florida law defines ‘common elements’ as any part of a condo property that is not in the units themselves. In general, common elements can be used by any resident of the condo building or buildings. That said, ‘limited’ common elements are a different type of entity, reserved only for the use of a certain… Read More »

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Does The Sunshine Law Apply To Community Associations?

By Seward Law Office, P.A. |

The Sunshine Law is a law on the books in Florida that states that any records made or received by a public agency “in the course of its official business” are available for inspection by the general public, barring certain limited exceptions. Over time, the definition of ‘public records’ has expanded, including more and… Read More »

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CondoAssoc

Clarifying New Laws For Condominium Buildings After Surfside Collapse

By Seward Law Office, P.A. |

After the collapse of Champlain Towers South in Surfside in June 2021, Florida’s legislature sought to learn from the tragedy. In time, they passed laws seeking to limit the possibility of a similar disaster in the future, including increasing the frequency and requirements of ‘milestone’ inspections, and pledging to base their future plans on… Read More »

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HOA6

Do I Have To Join My New Home’s HOA?

By Seward Law Office, P.A. |

A prospective Florida home buyer is a person who has fairly firm preferences on what they are looking for in a place to live. Many, especially those coming from out of state, are firmly set against joining a homeowners’ association (HOA). However, data from Today’s Homeowner shows that around 45 percent of all Floridian… Read More »

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ForRentSign

Can I Rent Out My Home Or Condo?

By Seward Law Office, P.A. |

Florida’s real estate market seems to constantly be in a state of flux in this day and age, and more and more people are purchasing homes and condos in order to put down roots where they can. However, a phenomenon that is becoming more common in some associations is people or business entities purchasing… Read More »

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Condo3

Who Watches The Watchers? Florida’s Condominium Act

By Seward Law Office, P.A. |

According to the most recent available data, Florida is the U.S. state with the second highest number of community associations, with roughly 38 percent of that number being condo boards. Condominium associations are similar to, yet different from, homeowners’ associations (HOAs), requiring different powers for their boards of directors. Florida law has two different… Read More »

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