Exorbitant year-over-year insurance premium increases have been difficult to bear for many Florida condominium communities and their unit owners. Past hurricanes and the horrific tragedy of the collapse in Surfside have been cited as some of the causes that have led to skyrocketing premiums for condo communities, and many unit owners are having difficulty keeping up with the resulting increases in association budgets and monthly dues. Advice for Associations on Insurance Cost Increases A recent article in the Community Associations Institute’s Ungated blog includes practical advice for associa ..read more

The firm’s latest Miami Herald “Real Estate Counselor” column was authored by Michael L. Hyman and is titled “Legislature Adds Teeth to Florida’s Community Association Fraud Laws.” The article focuses on two bills to strengthen criminal penalties for association fraud and malfeasance that have been passed by the Florida Legislature with unanimous votes in both chambers. His article reads: . . . Both bills impose the exact same strict criminal penalties for a number of violations. They make it a first-degree misdemeanor to intentionally deface and destroy accounting records, or to fail to crea ..read more

Ruling Finds Corporate Transparency Act Disclosure Requirements Are Unconstitutional A recent federal ruling has created some confusion for all those who have been following the new financial disclosure and filing requirements under the Corporate Transparency Act (CTA). Earlier this month, the U.S. District Court for the Northern District of Alabama issued a final declaratory judgment in a case challenging the law that was brought by the National Small Business Association.  The court concluded that the CTA exceeds the Constitution’s limits on congressional power, and it ordered the U.S ..read more

The firm’s latest Miami Herald “Real Estate Counselor” column was authored by Christyne D. Santisteban and appears in today’s newspaper edition.  The article, which is titled “Theft, Fraud Charges at Kendall Condo Association Illustrate Need for Effective Safeguards,” focuses on the takeaways for community associations from a case of alleged theft by a condominium board president that the Herald recently covered.  Christyne’s article reads: . . . A Miami Herald article published on Feb. 22 provided yet more evidence of the nature of this problem in South Florida. It chronicled how t ..read more

Simon T. Garcia authored the firm’s latest Miami Herald Real Estate Counselor” column, which is titled “Higher Assessments Coming Due to Safety Reforms After Surfside Condo Collapse,” and focuses on the growing budgets for many Florida condominium associations and how boards of directors are responding. It reads: . . . Recent TV news reports in Orlando and Jacksonville focused on how condominium association directors and unit owners are contending with budgetary shortfalls. The vice president of the Marbella Condominium Association located in Daytona Beach Shores discussed the coming increase ..read more

The firm’s latest Miami Herald “Real Estate Counselor” column was authored by Christyne D. Santisteban. The article, which is titled “Crocodile in Community Generates Effective Response Chronicled in TV Newscasts,” focuses on a couple of recent news reports on 7 News Miami (www.wsvn.com) that illustrated how potentially dangerous wildlife incursions can impact local communities. It reads: . . . The first report chronicled how residents at the Bay Colony Club in Fort Lauderdale woke up to scary sight: a scaly saltwater crocodile lounging the day away on their dock. The large and potentially da ..read more

Community associations and the actions of their boards of directors are often featured in local TV newscasts and newspapers, but unfortunately, it is typically for negative stories. That is why a recent report by News 6 in Orlando (www.clickorlando.com) about an HOA vice president who was nominated for the station’s “Getting Results” award caught the eyes of our firm’s attorneys. Kellie Beck, the VP of the Greens at Forest Lake Homeowners Association in Ocoee, Fla., is called the “heartbeat of this HOA” by the community’s president, and the station’s report makes it plain to see why. “It’s fun ..read more

Understanding the roles and responsibilities of effective condominium and HOA board members is critical. Community association directors should always be scrupulous and dedicated volunteers who wish to do their part for the effective administration and oversight of their enclave. They are contributing their time to benefit their own property values as well as those of their fellow owners, and they should each focus on fulfilling the designated duties of corporate officers. In fact, in the absence of provisions to the contrary in a condominium association’s governing documents, Florida law stip ..read more

The firm’s latest Miami Herald “Real Estate Counselor” column was authored by shareholder Nicole R. Kurtz. The article, which is titled “Condo Association Websites Can Help with Concerns Over Growing Budgets,” focuses on how the state-mandated websites for large condominium associations can become a very effective tool for allaying owners’ concerns over growing budgets and dues. Her article reads: . . . By now, all Florida condominium associations with 150 units or more (excluding timeshares) should have launched a website that includes a password-protected subpage or portal for unit owners a ..read more

The Florida legislature’s confusing rollout of board member term limits for condominium association directors created many initial questions about how and when the term limits applied. Some directors still have lingering questions and uncertainties, so hopefully, this article will help to resolve those. Board member term limits were first added to the Florida laws governing condominium associations in 2017 when they were imposed for a maximum of four consecutive two-year terms. However, the legislature gave a reprieve for “termed out” directors who received votes from more than 2/3 of the voti ..read more