Q: I am in the process of selling my condominium unit and recently come across the term “estoppel certificate,” but I’m not quite sure what it means. Could you provide an explanation on exactly what kind of information is included on an estoppel certificate and just how much it typically costs to get one? I’d like to know whether it also covers any rule violations or possibly any other disclosures that I should be aware of before selling the unit. (E.L., via e-mail) The post “Estoppel Certificates” and Other Disclosures Explained first appeared on Florida Condo & HOA Law Blog ..read more

Q: It recently came to light that one of our board members has an ongoing dispute with another unit owner, resulting in the unit owner taking out a restraining order against the board member. This is very concerning. Shouldn’t this result in the board member being removed from the board of directors of our association? (C.H., via e-mail) The post Director Disqualifications Are Limited first appeared on Florida Condo & HOA Law Blog ..read more

I have been asked on a few occasions whether an association has to put insurance in the annual budget or whether it can just wait to determine the amount of the insurance, and specially assess for the same (without a line-item in the annual budget). Insurance costs have doubled, tripled or even quadrupled in the last few years. Many associations question, why put it in the budget when they have no idea what the actual amount will be? The answer is because Chapter 718, Florida Statutes, requires that insurance be part of the annual budget. Section 718.112(2)(f), Florida Statutes, provides as fo ..read more

The law specifically provides that Board members have a fiduciary relationship with the owners and requires Board members to disclose conflicts of interest. However, the law does not specifically address acceptable (and unacceptable) behaviors for discharging these responsibilities. As such, a Code of Conduct for Board members is a good idea to have so that all Board members have a better understanding of their responsibilities as Board members and the limitations of their office. A well-drafted Code of Conduct will address subjects such as: Participation in and attendance at Board meetings ..read more

At some point, every building will require concrete repairs and restoration. If you’ve ever undertaken a concrete restoration project, you’re aware of the many challenges they entail:  substantial costs, lengthy time delays, irritation over hurricane shutters, windows and doors, uncooperative owners and the potential for incidental damage. Host Donna DiMaggio Berger sheds light on these projects with guest Alessandra Bianchini, Vice President and General Counsel of Carousel Development and Restoration Inc.  Alessandra is the fourth generation of her family to be in the ..read more

Q: My condominium association has a five-member board of directors. At our upcoming annual meeting, there will not need to be an election as there are three open seats and three candidates. However, the question has arisen as to how to conduct the organizational meeting to be held following the annual meeting where the board will elect its officers. We understand that for the election of the officers, the board would be the ones who vote and that a board member would have to make a nomination to nominate someone for a particular office. That nomination would have to be seconded, and then the m ..read more

Various types of casualty events, including fires, floods, explosions, windstorms, and even the unavoidable burst water pipe, will likely occur at some point in your community’s lifespan which means your board will have to submit an insurance claim. That process can make your association feel as if you’re going through a second disaster while you’re trying to recover from the first one. Host Donna DiMaggio Berger and guest Ken Shriberg, a public insurance adjuster with a track record for turning underwhelming settlements into substantial lifelines, will arm you with the knowledg ..read more

Q: Our homeowners’ association board only lets residents speak at board meetings after taking a vote. They can only speak for 3 minutes in total. My understanding is that the residents should be able to speak before the vote, and they can speak for 3 minutes per item on the agenda. What is the rule on this? (R.O., via e-mail) The post HOA “3 Minute Rule” Questioned first appeared on Florida Condo & HOA Law Blog ..read more

Q: Recently, my condominium association authorized a major construction project. The contract for the work is several million dollars in value. The board of directors voted to move forward with their preferred contractor and authorize the president to sign. Isn’t this the type of contract that must be voted on by the owners? (O.V., via e-mail) The post Owner Questions Board’s Contracting Authority first appeared on Florida Condo & HOA Law Blog ..read more

It’s a complex issue that is reshaping neighborhoods and communities across the country. We are talking about Airbnb, a homestay rental experience that has quickly become a major disruptor in the global hospitality industry. It’s also become a major security concern in many private residential communities, with reports of “party houses” and even crime. Host Donna DiMaggio Berger looks at the consequences for residential communities with guest David Schwarte, Texas attorney and co-founder of the Texas Neighborhood Coalition, an organization that tackles the problems associated with sh ..read more