In its decision made in 1996, Florida Bar re: Advisory Opinion – Activities of Community Association Managers, the Florida Supreme Court issued an advisory opinion regarding whether or not certain activities of licensed Community Association Managers (CAMS) constitute the unlicensed practice of law. In 2012, the Standing Committee on Unlicensed Practice of Law of the Florida Bar (the “Committee”) received a new petition to review these activities and some others, to clarify or update the decisions made in 1996 and advise the Supreme Court of its findings. Public hearings were held and a report was submitted to the Court by the Committee in 2013. The Court issued its updated ruling on these issues on May 14, 2015, in a similarly titled decision, Florida Bar re: Advisory Opinion – Activities of Community Association Managers, Case No. SC13-889. In the decision, there is some clarification, but also unresolved questions on many tasks.
Retrofitting In Condominiums The Clock Is Ticking
Recent changes to Florida Statutes have included provisions in the Fire Safety Code that requires condominiums to undertake installation and/or changes to certain fire/safety related devices within the condominiums. Due to the significant expense typically required to retrofit a condominium in the manner contemplated in the Fire Safety Code, and in recognition of the significant burden this would place on the unit owners, changes to the Condominium Act (Chapter 718 of Florida Statutes) allows an association to vote to “opt-out” of the requirement to retrofit the fire sprinkler system that services the condominium, including the common elements, association property, and the units.
Continue reading “Retrofitting In Condominiums The Clock Is Ticking”
Navigating Assistance Animal Requests
In recent months, formal requests to pet restricted communities for a reasonable accommodation to keep an emotional support animal has increased significantly. Additionally, there have been new court decisions and other developments in the Fair Housing laws since our last article in Legal Morsels in 2011 (see https://hjq.a4f.myftpupload.com/how-community-associations-should-properly-handle-service-animal-requests/). The following updates and supplements our prior posting on the topic.
Election Processes
Fall typically marks the beginning of the annual election process for community associations in Florida. Florida Statutes provide for specific procedures to be followed which differ for the various types of community associations, and are more involved in some over others.
Appellate Court Decision Alters 23 Years Of Collection Practices For Condominium Associations
In a somewhat surprise decision, the Florida 2nd District Court of Appeal has ruled that, in certain circumstances, associations may not rely upon the provisions of Florida Statutes that relate to the collection of delinquent assessments when an owner makes a payment with a restrictive endorsement. (A restrictive endorsement is a notation on a check or cover letter that limits the manner in which the funds may be used or applied.) Chapter 718 of Florida Statutes (for condominiums) was amended in 1991 to provide that payments received by associations are to be applied in a specified manner and expressly notwithstanding any restrictive endorsement placed on the check or cover letter by the paying owner. This was originally included in the Statute to make certain that an owner that was delinquent could not avoid paying the interest, late fees, attorney’s fees and costs incurred by the association in the collection process by placing a restrictive endorsement on the payment. This has been routinely followed in condominiums for the past 23 years without issue (and incorporated into Chapter 720 F.S. in 2007 for homeowner associations).
2014 Legislation Affecting Community Associations
During the 2014 Legislative Session, a number of bills were adopted which will have an impact on community associations. The three (3) bills which will likely have the most impact are outlined herein.
I. GENERAL COMMUNITY ASSOCIATION BILL – House Bill 807:
Among the new legislation adopted by the 2014 Legislature is House Bill 807, which contains provisions affecting condominiums, cooperatives and homeowner’s associations. The changes provided by this Bill will be effective July 1, 2014.
Timeshares v. Vacation Rentals: Revisions were made in Chapter 509 of Florida Statutes, relating to Public Lodging Establishments, removing or excluding timeshare projects from the restrictions relating to such establishments.
Continue reading “2014 Legislation Affecting Community Associations”
Reserves: An Overview For Community Associations
The topic of “reserves” in community associations is one which can be confusing. Chapters 718 (governing condominiums), 719 (governing cooperatives) and 720 (governing homeowners associations) of Florida Statutes each contain provisions regarding reserves. However, while similar in some respects, the statute for homeowner associations in particular have significant differences.
Continue reading “Reserves: An Overview For Community Associations”
Court Clarifies Limitations On Association Accessing A Condominium Unit When The Owner Is Not Present
Quite often boards of condominium associations desire to access units in the condominium for various reasons when the unit owner or approved occupant is not present. There may be a water leak in a unit below and the association is looking for the source. There may be insects that are infesting other units nearby. Sometimes, the board just wants to see what is going on in the unit. While Section 718.111(5) of Florida Statutes provides associations with the irrevocable right to access all units in the condominium, such right is not absolute. The qualifying portions of the Statute are “when necessary”, “to perform maintenance, repair or replacement of common elements or of any portion of a unit to be maintained by the association”, and “to prevent damage to the common elements or to a unit or units”. Occasionally, a board may be overzealous in its desire to access the unit and there can be consequences from doing so improperly.
Appellate Court Reiterates Prior Ruling In Second Spiaggia Appeal
The Third District Court of Appeal has completed its second review of the issues involved in the controversial decision from 2013 regarding “joint and several” obligations of owners for unpaid assessments. (This decision involves only condominiums in light of changes made to Chapter 720 of Florida Statutes in 2013.) In Aventura Management, LLC, v. Spiaggia Ocean Condominium Association, Inc., Case No. 3D13-1437, March 5, 2014, the appellate court was presented with what it considered to be the same issue previously decided in Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc, 105 So. 3d 637 (Fla. 3d DCA 2013) (identified by the Court in its decision as “Spiaggia I“).
Continue reading “Appellate Court Reiterates Prior Ruling In Second Spiaggia Appeal”
Minutes Of Association Meetings: What They Should And Should Not Be
Whenever there is an official meeting of a condominium or homeowner association, be it the board of directors, a committee or a membership meeting, a record of the meeting should be kept. The content of the record, which are in the form of “minutes” or “resolutions”, are often the subject of debate and misunderstanding among board members and unit owners. The primary functions of the minutes are to identify who is present at the meeting and the actions taken by the group.
Continue reading “Minutes Of Association Meetings: What They Should And Should Not Be”