News & Analysis as of

Condominium Associations Florida

Bilzin Sumberg

Condominium Law Continues to Evolve

Bilzin Sumberg on

The legal landscape for condominium law continues to evolve. On August 5, 2024, Miami-Dade Circuit Court Judge Thomas J. Rebull issued an illuminating order in the long-running Carillon litigation. Moreover, on October 1,...more

Shumaker, Loop & Kendrick, LLP

HB 1203 (2024)’s Amendments to Section 720.3075, Florida Statutes Regarding Commercial Vehicles

A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community....more

Shumaker, Loop & Kendrick, LLP

Client Alert: October 1, 2024 Deadline Approaching for Homeowners Associations to Provide Owners with Rules and Covenants or...

No later than October 1, 2024, all Florida homeowners associations must either provide complete copies of their rules and covenants to each member or post complete copies of the rules and covenants on their website and...more

Shumaker, Loop & Kendrick, LLP

Mandate Under s. 720.303(2)(e), Florida Statutes Requires HOA Boards to Consider MRTA at First Regular Board Meeting Each Year

The Florida Marketable Record Title Act (MRTA) is a statute that can have harsh consequences, including the ability to extinguish an Association’s deed restrictions if an Association does not take timely remedial measures,...more

Bilzin Sumberg

Rounding Up HB 1021’s Impact on Florida Condominiums

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CS/CS/CS/HB 1021 (“HB 1021”) covers many topics, including the statutory recognition of condominiums in vertical subdivisions and condominium building safety measures. However, the legislation is also a reaction to a slew of...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Governor DeSantis Signs HB 1645 (2024), Prohibiting Homeowners Associations from Limiting the Use of Certain Fuel...

On May 15, 2024, Governor DeSantis signed HB 1645 (2024). Effective July 1, 2024, HB 1645 (2024) amends Fla. Stat. Sec. 720.3075 as follows...more

Adams and Reese LLP

New 2024 Florida Legislation Impacting Community Associations

Adams and Reese LLP on

Florida has introduced new legislation and implemented changes to various regulations impacting community associations, many of which have either gone into effect or will go into effect beginning July 1, 2024. This...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Governor DeSantis Signs HB 59 (2024), Sets October 1, 2024 Deadline for All Homeowners Associations to Provide...

On May 29, 2024, Governor DeSantis signed HB 59 (2024) into law. Effective July 1, 2024, HB 59 (2024) amends Fla. Stat. Sec. 720.303 as follows...more

Roetzel & Andress

Significant Changes to Condominium Act: HB 1021 Signed – Effective July 1, 2024

Roetzel & Andress on

Friday June 14, Governor DeSantis signed HB 1021, which places significant new burdens on condominium managers and directors. This bill is effective July 1, 2024, although some new requirements have later effective dates. ...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Governor DeSantis Signs HB 293 (2024), Requiring Homeowners Associations to Maintain Written Hurricane Protection...

On May 29, 2024, Governor DeSantis signed HB 293 (2024), which amends Fla. Stat. Sec. 720.3035 as follows...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Governor DeSantis Signs HB 1203 Affecting Homeowners Associations and Licensed Community Association Managers

Governor DeSantis signed House Bill 1203 (2024), which is effective July 1, 2024 and makes a number of substantial changes to statutes governing Florida community association managers and homeowners associations (HOAs). The...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Community Associations’ Use of Best Efforts to Obtain Insurance

Each year, condominium associations work to obtain insurance at reasonable rates in an effort to comply with their statutory obligations to use “best efforts” to obtain insurance. In recent years, however, insurance rates...more

Adams and Reese LLP

Failure to Follow Community Association Governing Documents Leads to Litigation in Florida

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A recent opinion out of Florida’s Third District Court of Appeal stresses the importance to read, understand, and follow community association governing documents before initiating any amendments that alter the substantive...more

Shumaker, Loop & Kendrick, LLP

Client Alert: How to Handle Absent Condominium and Homeowners Association Board Members

Each election season, condominium association members elect one or more directors to serve on the association’s Board of Di­rectors. Many members consider their options carefully, understanding the importance of the board and...more

Shumaker, Loop & Kendrick, LLP

Florida Statutes May Require Community Associations to Hold Voting Certificates

To ensure the validity of its elections, a community association must conduct its elections in full compliance with Florida law and its governing documents, which includes enforcing its voting certificate requirements, if...more

Shumaker, Loop & Kendrick, LLP

Florida Senator Proposes Creation of State Database for Homeowners Association Information

On December 13, 2023, Florida State Senator Rodriguez filed Senate Bill 942 (2024), which, if adopted, would require the Department of Business and Professional Regulation (DBPR) to establish a searchable database of certain...more

Shumaker, Loop & Kendrick, LLP

Florida Statute, 720.3045, Installation, Display and Storage of Items

Numerous homeowner associations have declarations, covenants, conditions, and restrictions for the storage items on their property, regardless of where the items are stored and whether such items are visible to third parties....more

Shumaker, Loop & Kendrick, LLP

Client Alert: Pride and Prejudiced – When to Report Insurance Claims

A condominium association in Florida is required by law to “use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the...more

Shumaker, Loop & Kendrick, LLP

January 1, 2023 Deadline for Condominium and Co-Op Building Report to DBPR Approaching

Each Florida condominium and cooperative association is required, no later than January 1, 2023, to file the following information with the Department of Business and Professional Regulation’s Division (Division) of...more

Bilzin Sumberg

Time to Pay the Piper: New Mandatory Reserve Requirements for Florida Condominiums

Bilzin Sumberg on

Florida law requires every condominium’s annual budget to include both operating expenses and reserves for capital expenditures and deferred maintenance. Operating expenses are those incurred during the day-to-day operations...more

Shumaker, Loop & Kendrick, LLP

Condominium and Cooperative Milestone Inspection, Structural Integrity Reserves, and Mandatory Reserve Checklist

STEP 1: Submit and maintain accuracy of building inventory list with DBPR - Has the Association, no later than January 1, 2023, filed and kept current information with the DBPR including the number of buildings on the...more

Shumaker, Loop & Kendrick, LLP

Florida Enacts Major New Reforms for Condominiums and Cooperatives in Response to Champlain Towers South Collapse 

On May 26, 2022, Florida Governor DeSantis signed Senate Bill 4 into law, imposing substantial new structural safety and reserve requirements on Florida condominiums and cooperative associations. The law is effective...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Special Session 2022D - Condominium Safety Update

As Florida Legislators conclude their third Special Session of the year, new laws regarding two paramount issues in the state of Florida—property insurance and condominium safety—are set to be forwarded to the governor for...more

Shumaker, Loop & Kendrick, LLP

Homeowners Associations and the Marketable Record Title Act (“MRTA”)

Chapter 712, Florida Statutes, the Marketable Record Title Act (“MRTA”), presents a mortal risk to Florida homeowners association, potentially rendering them unable to levy and collect assessments or otherwise enforce their...more

Fuerst Ittleman David & Joseph

Florida Litigation Update: Defendants in Civil Actions May Assert the Business Judgment Rule Without Pleading an Affirmative...

On February 23, 2022, the Florida Third District Court of Appeal issued its opinion in New Horizons Condominium Master Association, Inc. v. Harding, and held that under Florida law a defendant does not waive the protections...more

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