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Q: The survey for my lot when I closed on my property shows a 15-foot-wide drainage easement dedicated to my homeowners' association. Can my association use the drainage easement for another purpose besides drainage? (A.D., via e-mail)
A: Most likely not. However, the answer to your question depends on several things, including the language contained within the subdivision plat's dedication language, the language in your declaration of covenants, and whether the easement across your property benefit third parties, like governmental entities and utility service providers.

The basic rule is that the party to whom an easement has been granted can use your property for the purposes intended by the easement imposed against the property. For example, many plats impose Drainage Easements (often referred to as DEs). The purpose of a DE is usually to grant access to drainage installations and infrastructure for maintenance and repair to manage water drainage and prevent flooding.

For example, a DE would typically give the association the right to come on to your property to maintain the drainage, but would not give your neighbor, as a member of the association, the right of to enter your land for ingress and egress or recreational purposes. Work by the association within an easement area is generally permissible at reasonable times and in a reasonable manner, and no prior permission is needed to enter your property.

This is also an important issue for associations to clearly address in their governing documents. For example, an easement imposed on a lot may be described in the declaration of covenants as part of the "common areas," but is not necessarily an area the association is responsible for maintaining, such as grass mowing. Detailed document provisions regarding these issues can avoid disputes and uncertainty.
Q: My homeowners' association documents prohibit street parking. Recently, the association installed towing signs at the entrances to the community. Does the association have the authority to tow? (T.R., via e-mail)
A: Perhaps. Section 715.07(2) of the Florida Statutes, the Florida Towing Statute provides that the owner of real property, or any person authorized by the owner, "which person may be the designated representative of the condominium association if the real property is a condominium," may cause any vehicle or vessel parked on such property without her or his permission to be removed by a person regularly engaged in the business of towing vehicles or vessels, without liability.

The towing statute does not specifically mention homeowners' associations as "designated representatives" as the condominium statute does. I expect that is because in condominiums, the streets are usually "common elements," where title is held jointly by the unit owners, whereas title to "common area" in the HOA context is usually held by the association.

There are harsh consequences under the statute for improper towing. The association could be held liable for damages that result from the towing and attorneys' fees. The documents governing the association should give the board of directors the authority to tow. The association must adhere to the requirements of the law, including that signs of a certain size with certain wording must generally be posted.

Associations need to be careful when exercising a "self-help" remedy, such as towing. Courts generally do not favor actions involving self-help to cure violations, as opposed to seeking legal redress in the form of an injunction or other court intervention. It is therefore highly advisable for the association to confer with its attorney before implementing a towing program.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com

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"Easements Explained" - News-Press | Becker

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Q: The survey for my lot when I closed on my property shows a 15-foot-wide drainage easement dedicated to my homeowners' association. Can my association use the drainage easement for another purpose besides drainage? (A.D., via e-mail) A: Most likely not.

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Florida's "Sunshine Law" applies to Condo and HOA board meetings, too

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Florida's "Sunshine Law" applies to Condo and HOA board meetings, too

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IslanderNews.com | Locally Owned & Operated

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Florida's Sunshine Law was first passed by the State Legislature in 1967 and requires that meetings conducting the official business of State, County, and municipal boards, commissions, and agencies are open to the public.

Some of the important provisions contained in it are:

- Meetings must be open to the public.

- Reasonable notice must be given prior to meetings.

- Written minutes must be taken and available afterward for public inspection.

- Citizens may speak at meetings (within reasonable time and behavior guidelines),

- Board members or Commissioner voting by secret ballot is not allowed.

- Action taken at closed meetings is not binding.

Attorneys tell us that the Florida Sunshine Law (FS 286.011) applies to both elected and appointed government boards, commissions, and agencies.

The basic purpose of the Sunshine Law is to ensure that State, local, and municipal government meetings are open to those who may be affected by the outcome (the public) and that a written record (minutes) of the meeting's business will be available.

Transparency and disclosure are important concepts when discussing any Sunshine Laws.

I am not an attorney. For interpretation and application to specific circumstances of anything you read on this site, you must speak with a Florida-licensed attorney.

With that rather brief introduction to Florida's Sunshine Law, let's discuss how residential Owners' Associations have their own versions of it.

Florida residential Condominium, Cooperative, and HOA Boards of Directors are not State, County, or municipal government entities, so the Sunshine Law does not directly apply to them.

However, all of the following Florida Statutes that regulate and govern Owners' Associations include specific open meeting requirements that closely reflect what is contained in the State law:

- Condominium Act ( FS 718.112)

- Cooperative Act ( FS 719.106)

- Homeowners Association Act ( FS 720.303)

Because all Associations' Governing Documents must comply with the appropriate Florida Statute regulating Condominiums, Co-ops, or HOAs, they include the same sunshine-related open meeting requirements contained in the Statutes.

The similarities between the requirements of Florida's Sunshine Law and what is contained in the above Owners Association Acts are remarkable. All three Acts include requirements that Board and Committee meetings comply with these sunshine transparency rules:

- Board meetings are open to owners.

- Notice of an upcoming Board meeting must be posted at least 48 hours in advance. Meetings to discuss Special Assessments or amendments to Governing Documents require 14 day notice.

- Written minutes must be taken and made available to owners.

- Owners have the right to speak on agenda items (within reasonable time and behavior limits).

- Board voting by secret ballot is not allowed. All owners attending will know how each Director votes.

As with our State's Sunshine Law, transparency and disclosure are important concepts when discussing Residential Owners Association open meeting requirements.

There are a few exemptions to the notice and open meeting rules. Board meetings with the Association attorney to discuss litigation, receive legal advice, or make staff personnel decisions are closed to owners.

Association Committee meetings must follow the same notice and open-to-owners requirements as Board meetings. These can include meetings of the Fining, Documents, Election, and other Board-appointed Committees.

It is important to understand what constitutes an Association Board meeting in the context of today's discussion. Basically, any gathering of Directors at which a quorum is present and Association business is discussed becomes a Board meeting.

Most residential Association Boards in Florida are comprised of five Directors, so a quorum is usually three or more Directors meeting to discuss and transact Association business.

In most cases, any time three or more Directors (of a five-member Board) meet in person, on the phone, or via online Zoom videoconference to discuss Association business, it probably qualifies as a Board meeting whether or not notice was given and/or it was open to owners. Some attorneys even feel that ongoing email exchanges between a quorum of Directors could be considered Board meetings, depending on the topics of conversation.

Under any of these non-sunshine scenarios, owners may not be aware the Board is discussing matters that could affect them and their property rights.

Decisions made at any of these unscheduled, impromptu, or "accidental" Board meetings could be challenged by owners, overturned, and considered non-binding.

Could Board members first have private meetings to discuss governance topics (especially controversial ones), then cast already-decided votes at a subsequent meeting in front of owners? Of course, this has been suspected as happening for decades in many residential Owners' Associations all across Florida.

Reader feedback reinforces the thinking that there are likely numerous Florida Residential Association Boards who occasionally discuss business and make decisions without giving the required notice and/or owner the opportunity to attend a meeting. Whether done intentionally or through inadvertent oversight, this practice comes across as a violation of applicable Association Act open meeting sunshine rules.

Remember that Committee meetings are subject to the same notice and owner access requirements as Board meetings.

A reader in South Florida wrote me recently to say that one of the Board-appointed Committees in her community insisted on calling themselves a "team" rather than a Committee, and none of their meetings was open to owners.
Conducting Association business behind closed doors violates all three Association Acts' open meeting requirements.
What can owners do to have some level of assurance that all Association business is being conducted out in the open, as required? Education and participation are the keys to owning and living in Florida Residential Owners Associations, so learn all you can about your building or community's Governing Documents, then regularly attend Board meetings to participate in Association business.

If a new rule, regulation, or Board decision is enacted for your building or community, and you don't remember it being addressed at an open meeting, ask your Board when it was discussed. You could ask for a copy of the minutes and the agenda for the meeting at which that item was approved. Minutes and agendas are Official Records of the Association, which owners are entitled to review upon request at no cost.

If meeting minutes and agenda cannot be produced showing discussion of the item, rule, or decision in question, there is a pretty good chance it was made at a "casual" non-sunshine Board or Committee meeting.
This report was first published in The Florida Real Estate Blog by Chris Carter, a Real Estate Broker Associate and former Key Biscayne resident. For more, click here.

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Christopher Carter / The Florida Real Estate Blog / Special to Islander News

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Florida's "Sunshine Law" applies to Condo and HOA board meetings, too

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Florida's Sunshine Law was first passed by the State Legislature in 1967 and requires that meetings conducting the official business of State, County, and municipal boards, commissions, and agencies are

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Timeshares in Florida are subject to several laws and regulations. Our lawyers provide representation for all matters related to timeshare development, operation, and management.

Timeshares are prevalent throughout Florida. At Becker, every Florida time share attorney stands ready to represent developers, timeshare management companies, and other clients statewide. With decades of relevant experience, we are intimately familiar with Florida's timeshare laws, and we are well-versed in the issues that tend to lead to trouble. We help our clients avoid these issues whenever possible, and we help them resolve these issues as efficiently as possible when necessary.

In Florida, timeshares fall under the broader umbrella of community association and planned development law. However, Florida also has one particular law, Chapter 721 of the Florida Statutes, that speaks specifically to developers', managers', and owners' rights, and obligations. Timeshare development, management, and operation implicate various other local, state, and federal laws as well, and maintaining compliance with all of these laws is essential for mitigating risk and avoiding unnecessary disputes.

About Our Florida Timeshare Practice

Who We Are

Our Florida timeshare practice falls within our Florida Community Association Law Practice Group. This Practice Group consists of more than 30 attorneys, including Practice Group Chair Kenneth S. Direktor and Ft. Myers Office Managing Shareholder, Joseph E. Adams. All of the attorneys in the Practice Group have experience handling timeshare-related matters, and we pair each of our clients with an attorney who has significant relevant experience and who serves as the liaison between our client and our firm's other attorneys.

What We Do

We represent clients with respect to all aspects of developing, operating, and managing timeshare properties in Florida. While many people assume that a timeshare is simply a normal residential property with multiple owners, this is not the case. Due to the complex and varied laws, rules, and regulations that apply, developing a timeshare property is a unique proposition, and operating and managing timeshare properties requires careful planning and risk mitigation.

With this in mind, we emphasize comprehensiveness in our representation. Our Florida time share lawyers ensure that our clients have the information and tools they need to develop and monetize their properties in full compliance with the law. We help our clients mitigate their risk through the implementation of appropriate policies, procedures, and contractual protections, and we help them make informed and strategic decisions when unexpected issues arise.

Our Florida time share attorneys are available to assist new and existing clients with matters involving:

Chapter 721 of the Florida Statutes

Section 5 of the Federal Trade Commission Act (prohibiting "unfair or deceptive acts or practices") and other applicable laws

Property acquisition, development, and construction

Insurance procurement and claims

Mechanic's liens

Financing and fiscal management

Time share sales and resales

Timeshare cancellations

Operational and management issues

Hurricane preparedness

How We Help

Our timeshare clients rely on us to help them wherever and whenever their needs arise. We have worked with many of our clients for years, and many of these clients are in touch with our lawyers on a daily or weekly basis. These are just some of the ways a Florida time share lawyer at Becker helps our clients:

Planning and Development Counsel - We represent clients throughout the planning and development phases of new timeshare projects. This includes assisting with property selection and due diligence, financing and purchase agreement negotiations, bidding and procurement, and construction project management.

Formation, Compliance, and Governance - We help our clients choose appropriate entity forms and structures, and we draft and negotiate Articles of Incorporation, Bylaws, Shareholder Agreements, Operating Agreements, and other governance documents. Our Florida time share lawyers also assist with the drafting and implementation of necessary compliance policies and procedures.

Day-to-Day Advice - We take pride in our accessibility, and our clients rely on their ability to get in touch with our lawyers whenever they have questions or concerns. Having a good working relationship with our clients is essential, as it gives our clients the trust they need to make confident and sound decisions.

Drafting Public Offering Statements - Under Section 721.07 of the Florida Statutes, timeshare developers are required to file a public offering statement before offering any shares for sale. Our lawyers draft public offering statements for our clients and file them with the Division of Florida Condominiums, Timeshares, and Mobile Homes. We also assist with public offering statement amendments and other related matters.

Drafting Timeshare Purchase Agreements - Our lawyers have drafted numerous timeshare purchase agreements and timeshare resale agreements for properties across Florida. These agreements need to be property-specific. Relying on "form" agreements is a common mistake that gets many companies into trouble.

Reviewing and Negotiating of Other Contracts - Developers, timeshare management companies, and other entities involved with timeshares will typically have a broad range of contract-related needs. Our lawyers review and negotiate all types of contracts to help ensure that they contain adequate protections and do not contain ambiguities that create unnecessary risks.

Analyzing Cancellation Requests, Complaints, and Other Issues - Many timeshare purchasers end up having buyer's remorse, and there are plaintiffs' lawyers who will aggressively pursue claims for cancellation and rescission. Our lawyers analyze cancelation requests, complaints, and other issues in order to help our clients determine the best path forward.

Representation for Construction and Commercial Disputes - We have significant experience representing clients in construction and commercial disputes involving timeshare properties. Whether you are facing breach allegations or you need to pursue a claim for deficient performance or non-payment, our lawyers can protect your company's interests in settlement negotiations, alternative dispute resolution (ADR), or litigation.

Representation for Time Share Owner Disputes - Our Florida time share attorneys have significant experience representing clients in disputes with individual owners. This includes disputes involving payment obligations, property damage, resale rights, fraud allegations, and claims for cancellation or rescission.

Recordkeeping - Chapter 721 of the Florida statutes establishes several recordkeeping requirements for sellers and other entities. We help our clients set up systems to comply with these requirements, and we review our clients' records to ensure compliance on an ongoing basis. We can also play a more active role in maintaining recordkeeping compliance if desired.

FAQs: Developing, Operating and Managing Time Share Properties in Florida
What are some of the key provisions of Florida's timeshare law (Chapter 721) for developers?
Chapter 721 contains numerous provisions that are of critical importance for timeshare developers in Florida. As an example, Section 721.056 provides that, "it is the duty of the developer to supervise, manage, and control all aspects of the offering of a timeshare plan, including, but not limited to, promotion, advertising, contracting, and closing." This section goes on to state that any violation of this duty is deemed a violation not only by the developer, but also, "by the person actually committing such violation." This underscores the critical importance of Chapter 721 compliance for timeshare developers in Florida. Violations of the statute can result in liability not only at the entity level, but potentially for officers, salespeople, and other individuals as well. Our Florida timeshare lawyers rely on extensive experience to help ensure that our clients (and their executives and employees) are adequately protected.

What are the requirements for timeshare public offering statements in Florida?

Under Section 721.07, a public offering statement must meet several structural and substantive requirements, and they are subject to approval by the Division of Florida Condominiums, Timeshares, and Mobile Homes (the "Division"). While developers can conduct sales activities before receiving approval from the Division, they must be very careful (and meet certain additional requirements) when doing so, and they must provide appropriate notices to buyers following Division approval.

What do new timeshare developers need to know about cancellations and rescissions?

Florida's timeshare law provides buyers with a right of cancellation during a 10-day "cooling off" period. Buyers also have the right to seek rescission for certain violations of the law. When offering timeshares in Florida, new developers must be cognizant of all of the various rules and restrictions that apply, and they must take these rules and restrictions into account when conducting marketing, sales, and other activities.

What are the risks of non-compliance with Florida's timeshare law?

In addition to potential rescission of purchase contracts, non-compliance with Florida's timeshare law can have other serious consequences for developers, management companies, resellers, and other entities. The same is true for the various other local, state, and federal laws and regulations that apply. As a result, legal compliance needs to be a priority, and companies involved in Florida's timeshare industry need to work with experienced legal counsel who can help them navigate the landscape successfully.

Speak with a Florida Timeshare Attorney at Becker

Contact us to schedule an appointment with a Florida Timeshare Attorney at Becker today.

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Timeshares are prevalent throughout Florida. At Becker, every Florida time share attorney stands ready to represent developers, timeshare management companies, and other clients statewide. With decades of relevant experience, we are intimately familiar with Florida's timeshare laws, and we are well-versed in the issues that tend to lead to trouble.

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1 East Broward Blvd. Suite 1800

Fort Lauderdale, FL 33301

Phone: 954-987-7550

Fax: 954-985-4176

Website: https://beckerlawyers.com/florida/

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Florida's new Homeowners Association laws explained, How to find your HOA's rules and regulations

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Florida's new Homeowners Association laws explained, How to find your HOA's rules and regulations

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Floridians who live in subdivisions condo buildings and other communities with homeowner associations (HOAs) now have laws protecting their right to know what their dues are getting them.

The monthly average for HOA fees nationally is around $170, but the majority of homeowners pay around $50 or less each month, according to BankRate and the U.S. Census Bureau's American Housing Survey. And Florida has the second highest number of homeowner associations in the country (49,420), right behind California.

In Florida, the average member of a homeowner association pays anywhere from $100 to $500 in HOA fees each month, according to Miami real estate law office Dania Fernandez and Associates.

On October 1, a new law that protects the hundreds of dollars Florida HOA members pay each month went into effect. Here's how Florida's new HOA laws work and how to find the rules and regulations for your homeowner association.

What are the new HOA laws in Florida 2023?
In case you're new to HOA fees, here's

An HOA makes and enforces rules in subdivisions, planned communities and condo buildings. Some examples of common HOA regulations are architectural controls, lawn or holiday decoration restrictions, facade or yard maintenance standards, noise complaint policies, home occupancy limits, parking rules, pet size and quantity guidelines, and short-term rental restrictions.

Some communities with HOAs require mandatory membership for residents who live there.

Homeowner associations are run by a board of directors and typically use the monthly or annual fees members pay for the maintenance of the community's common areas and facilities.

what a homeowner association does: Here are some other things that the new HOA bill in Florida does:

It requires all notices for homeowner association board meetings to identify each agenda item for each meeting.

It allows an HOA member to designate an address other than their physical address for delivery of required notices, meaning HOA members can now elect to receive required notices by email.

It says that if a homeowner association collects a financial deposit from a member for any reason, those funds can't be poured into any other association funds. HOA members can request an accounting of what they paid and the association has to return any unused funds within a month.

It revises the notice requirements for collecting fines, including giving HOA members instructions on how to fix a violation.

It is now a first-degree misdemeanor for an HOA board to prevent members from voting, to be menacing, threatening or using bribery to directly or indirectly influence an HOA member's vote.

HOA boards used to be able to fine members for not complying with their rules and regulations. But after the leaders of a Homeowner Association in Miami were accused of theft and fraud to the tune of $2 million, Florida lawmakers approved a bill that some are calling " Homeowners' Association Bill of Rights."

Under this bill, HOA members in Florida can't be fined or suspended by violating the association's bylaws or rules, unless a two-week notice is delivered to the member's email or mailing address in the HOA's official records.

How do I find my HOA rules and regulations in Florida?

Most of the time, you can find the bylaws, rules and regulations for your homeowner association on your county's clerk of courts website. The county your association is located in should have a record of your HOA's governing documents.

All HOAs should be registered with the Florida Department of State Divisions of Corporations. You can use their records search to find your HOA's activity status and names and addresses for the HOA's registered agent, president, vice president, treasurer and secretary.

Can I opt out of an HOA?

If you don't want to opt-in to a homeowner association, your best bet is to just choose a neighborhood with no HOA or a newly formed HOA.

But if you are in an established, HOA-run neighborhood and want to leave the association, you can typically petition the board. But that is usually time-intensive and can get expensive, depending on how established and well-run your HOA is.

If you want to opt-out of your HOA fees, you can find tips from Experian on how to opt-out here.

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Florida's new Homeowners Association laws explained, How to find your HOA's rules and regulations

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Florida is second in the nation for the most homeowner associations. But what do HOAs do? Can homeowners opt out? And what are the new HOA laws?

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Becker is committed to providing our clients with the practical, innovative and elegant legal solutions to keep their businesses moving forward. Whether facing the unforeseen challenges of a global pandemic or making the most of a bull market, Becker always implements a multi-disciplinary approach to offer our clients a fully informed perspective on a variety of complex real estate financing and leasing issues.

As COVID-19 continues to negatively affect the world's economic health with a particularly damaging impact on the commercial real estate industry, we believe a dedicated task force is necessary to fully support our clients facing real estate loan- and lease-related difficulties. Becker's Commercial Lease and Loan Restructuring Task Force is comprised of attorneys from our Real Estate, Financial Services, Corporate, and Litigation practices who are well-versed in all aspects of lease and loan workouts, including:

Loan restructuring guidance. Advising borrowers and lenders on best practices for commercial real estate loan restructuring, including forbearance agreements, waivers, and other modifications.

Lease negotiations. Assessment of leases and guarantees, facilitating negotiations between landlords and tenants to develop mutually beneficial solutions and resultant documentation, including those relevant to the COVID pandemic.

Lease creation. Drafting and negotiating new leases designed to address post-pandemic health and safety requirements and force majeure provisions.

Litigation. Providing seasoned representation for all lease and loan-related litigation, including litigation concerning force majeure and business interruption provisions and foreclosure actions.

Liability assessment. Developing strategies to minimize risks for borrowers, tenants, and guarantors.

Bankruptcy counsel. Helping borrowers, landlords and/or tenants evaluate the impact of bankruptcy and advising clients during insolvency proceedings.

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Commercial Lease and Loan Restructuring Task Force

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Becker is committed to providing our clients with the practical, innovative and elegant legal solutions to keep their businesses moving forward. Whether facing the unforeseen challenges of a global pandemic or making the most of a bull market, Becker always implements a multi-disciplinary approach to offer our clients a fully informed perspective on a variety of complex real estate financing and leasing issues.

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House committee approves new regulations on timeshare appraisal

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House committee approves new regulations on timeshare appraisal

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Florida House Bill 451 was approved by the House Ways and Means Committee on Friday, which could lead to new timeshare appraisal regulations.

The bill would change the way timeshare properties are valued for property tax purposes, using the actual value instead of the pre-sale value.

The potential negative fiscal impact on local municipalities and counties is a point of contention, but Rep. Randy Fine, who introduced the bill, contends that it serves as a course correction within the state's timeshare market.

House Bill 451, introduced by Rep. Randy Fine, was approved by the House Ways and Means Committee on Friday by a fourteen to two margin, potentially establishing new timeshare appraisal regulations.

Fine's legislation seeks to change the methodology of how timeshare properties are valued for property tax purposes. The bill establishes that the actual value of timeshares, rather than the pre-sale value, is used in order to determine the property tax that a timeshare owner pays.

The bill contains provisions that determine whether a property appraiser's evaluation of a timeshare property can be challenged. If challenged, the number of timeshare property resales can be considered sufficient if the taxpayer claims that the number of resales is reasonable according to the Uniform Standards of Professional Appraisal Practice.

Current state law requires property assessors to first consider the number of timeshare properties that have been resold to calculate their worth. In case there is an insufficient number of resales, the appraiser must determine the original buying price and subtract reasonable fees and expenses of the sale, as stated in the bill.

"What prompted me to run this bill was ... individual consumers who owned timeshares who bought it and then can't sell them for much, yet they are being assessed property taxes an order of magnitude higher than what the value of what they could sell it for was," said Fine.

A point of contention in the bill, raised by Rep. Daryl Campbell, is the potential negative fiscal impact the measure would impose on local municipalities and counties. According to a legislative analysis, Fine's bill is forecasted to have a negative recurring impact on local government property tax revenues of $208.2 million. The impact is broken down between $77.5 million in school taxes and $130.7 million in non-school taxes, beginning in the fiscal year 2023-24.

Fine, however, contends that though the regulation could be defined as negative fiscal impact, it serves as a course correction within the state's timeshare market.

"I think you can make an argument that there would be less tax revenue available," said Fine. "Let's assume you could sell your house for $100,000, yet the property appraiser is valuing it at $300,000 - three times what you could actually sell it for. Yes, if they value it appropriately at $100,000, you're going to pay less taxes. That will have a negative fiscal impact, but is it fair to the person who owns a $100,000 house to pay taxes on it at $300,000?"

In Florida, timeshares are treated as real property and are thus subject to property taxes. The value of the timeshare property is assessed by the county property appraiser, who determines the fair market value of the property as of January 1 of each year.

The property appraiser typically considers a variety of factors outside of total resales when determining the value of a timeshare, including the size and location of the property, the age and condition of the building, offered amenities, and recent sales of comparable properties.

"I just don't think it's fair to charge someone taxes on something it isn't worth," said Fine. "Your taxes should be based on what something is worth."

Florida has emerged as one of the most popular destinations for timeshare vacations in the nation, serving as a significant contributor to the state's tourism industry.

According to the American Resort Development Association, Florida has the largest number of timeshare resorts in the country, with over 360 resorts and more than 1.8 million timeshare owners. The industry generates billions of dollars in annual revenue and employs thousands of people.

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House committee approves new regulations on timeshare appraisal

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Florida House Bill 451 was approved by the House Ways and Means Committee on Friday, which could lead to new timeshare appraisal regulations. The bill would change the way timeshare properties are valued for property tax purposes, using the actual value instead of the pre-sale value.

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Becker grew out of its pioneering role creating the law pertaining to the operation of common ownership housing. Many of the leading cases in the field bear the firm's name. Our attorneys are recognized as individual leaders in the field through published works, public service, legislative activities, and industry group leadership positions. Several attorneys are members of the prestigious College of Community Association Lawyers (CCAL). In Florida, Becker has the largest, dedicated team of Board Certified attorneys in Condominium and Planned Development Law among any firm in the state.

The attorneys in the Community Association Law Practice Group cover the entire spectrum of legal counseling of condominiums, condo associations, cooperative, time shares, and homeowners' associations. In addition, the practice group provides counseling to country clubs, master associations and owners' ad hoc committees. Each attorney plays an integral part in their client's professional team - assisting the Board and management prepare for and conduct meetings, answering questions about documents and the pertinent law, enforcing the covenants and restrictions, and drafting and negotiating contracts for the provision of services.

Each client is assigned a Community Association attorney who is primarily responsible for providing legal counsel to the officers and directors, as well as the manager, on the operation of the association. The association's attorney also serves as a liaison between the client and other attorneys in the firm to ensure that all the association's legal needs are being met by attorneys who practice exclusively in those specialized areas.

COMMUNITY ASSOCIATION RESOURCES
Technology Solutions
Our team values innovation. Our development of MyCommunitySite.com, a website service for community associations and an important tool for disseminating information to members, is the perfect example of our commitment to bringing innovative products to market on behalf of our community association clients and friends. This tool is very useful to those in the community association space, as is our proprietary online voting software, BeckerBALLOT.com, which was formerly known as BPBallot.com. This e-voting software is used throughout Florida to facilitate and increase member participation in association votes.
Online Classes
Did you know that Becker provides over 200 educational classes per year on a variety of topics ranging from board member certification to compliance, and everything in between? Our most popular classes are now available online!
Commitment to Communication
The firm publishes a newsletter, Community Update, containing articles on developments in Community Association law, notes on significant case decisions, helpful tips on the business aspect of Association operations, and details on changes in legislation and administrative decisions.
Legal Insights
The Florida Condo & HOA Law Blog provides readers with up-to-date analysis of issues affecting associations in Florida. With many years of cumulative experience, our blog authors are community association attorneys who help to keep you apprised of important issues affecting your community. Want to receive updates? You can subscribe here!
Community Association Podcast
Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To the Board explores the reality of life in a condominium, cooperative or homeowners' association, what's really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.
Legislative Updates
The Community Association Leadership Lobby ("CALL") is a statewide advocacy group which represents the interests of our over 4,000 community association clients. CALL provides information, education and other tools through the CALL website and email alerts to keep its members up to date on issues and legislation that impact them and their communities. Through the Legislator Connect tool on the website, a CALL member can contact all 160 members of the Florida Legislature to convey his or her opinion on a particular bill with just the click of a button. CALL has established a strong reputation with legislators and public opinion leaders as a credible voice for the ever increasing number of Floridians living in common ownership housing. The website is accessible by each community association by using its assigned firm matter number as the password to log on to the site.
Association Adjusting Related Statutes and Administrative Codes The 2022 Florida Statutes Chapter 61b - Division of Florida Condominiums, Timeshares and Mobile Home Chapter 719 - Cooperatives Chapter 720 - Homeowners' Associations Chapter 721 - Timeshares Chapter 723 - Mobile Homes Chapter 468 Part VIII - Community Association Management Important Links Division of Florida Condominiums, Timeshares and Mobile Homes Florida Office of Insurance Regulation Florida Institute of Certified Public Accountants - Common Interest Realty Associations

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Florida Community Association Attorney | Becker

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Becker grew out of its pioneering role creating the law pertaining to the operation of common ownership housing. Many of the leading cases in the field bear the firm's name. Our attorneys are recognized as individual leaders in the field through published works, public service, legislative activities, and industry group leadership positions.

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Becker's Florida condo association lawyers provide representation in compliance, legislative, transactional, and litigation matters.

Representing condo associations is at the core of our practice. It is how we got our name, and our Florid condo association lawyers' names appear on many of the most influential court decisions in condo association law from the past five decades. Beyond litigation, we also represent condo associations in compliance, legislative, and transactional matters, and we operate as outsourced in-house counsel for many of our condo association clients.

Custom-Tailored, One-on-One Legal Advice for Condo Association Officers, Directors and Managers

Within our condo association practice, we pair each association with an assigned attorney. This assigned attorney serves as the point of contact for the association's officers, directors and management. These individuals will get to know the association's assigned attorney very well, as they will speak and exchange emails regularly. Whenever the association needs advice or representation in an area outside of the assigned attorney's practice focus, this attorney will engage with other attorneys within the firm on the association's behalf as necessary.

This approach ensures that each association we represent has ongoing direct access to an attorney who is intimately familiar with the association's operations, management structure, and legal matters, while also ensuring that all of our clients can benefit from our attorneys' collective experience and insights.

Our Legal Services for Florida Condo Associations

Our legal services for Florida condo associations address all aspects of an association's formation, operations, and management. We routinely assist condo associations in the Sunshine State with matters including:

Legal and Regulatory Compliance - We advise condo associations regarding all aspects of legal and regulatory compliance. This includes compliance with local, state, and federal laws, rules, court rulings, and administrative decisions. While Chapter 718 of the Florida Statutes is among the primary laws impacting condo associations' rights and obligations in the state, this is just one of the numerous laws with which Florida condo associations must comply.

Legislative Matters - Each Florida condo association lawyer at our firm is well known within the Florida Legislature. We are staunch advocates, and we regularly handle legislative matters for our clients. Through our Community Association Leadership Lobby (CALL) website, www.callbp.com, our clients are able to connect directly with state legislators as well.

Formation and Governance - Proper entity formation and careful drafting of condo associations' governing documents are essential for minimizing the risk of disputes and the risk of personal liability for officers and directors. Our lawyers help our clients make informed decisions about entity type and structure, carefully draft custom-tailored governance documents, and assist with maintaining and updating associations' governance documents on an ongoing basis.

Financing, Insurance, and Related Matters - As a result of our experience representing condo associations for nearly 50 years, we are able to assist our clients with a broad range of matters not traditionally handled by other law firms. This includes debt and equity financing, insurance coverage and claims, and other fiscal and operational matters.

Risk Management - Risk management is critical for condo associations, not only for them to protect themselves, but also to protect the interests of the individual owners to whom they owe fiduciary responsibilities. By working closely with our clients on an ongoing basis, we are able to help our clients identify and address risks before they turn into liabilities.

Maintenance and Repairs - Maintenance and repair issues frequently involve (or lead to) disputes with individual unit owners. We help ensure that our clients are meeting their legal obligations, and we help our clients address unit owner concerns when they arise.

Condo Association Documentation - Our Florida condo association lawyers prepare all necessary documentation so our clients can manage their properties effectively and in compliance with Florida law. This includes the Declaration of Condominium, condo rules and regulations, notices, and a plethora of other documents.

Issues Involving Unit Owners - In addition to maintenance and repair disputes, we also advise and represent condo associations regarding all other issues involving unit owners. This includes everything from special assessments and collections to claims for breach of fiduciary duty and fraud.

Hurricane Preparedness and Response - In Florida, hurricane preparedness is an essential aspect of risk management for condo associations. We work closely with our clients to ensure that they are prepared when disaster strikes. When it does, we guide them through the response process.

Speak with a Florida Condo Association Lawyer at Becker

Contact us to schedule an appointment with a Florida Condo Association Lawyer at Becker today.

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Florida Condo Association Lawyers | Becker

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Representing condo associations is at the core of our practice. It is how we got our name, and our Florid condo association lawyers' names appear on many of the most influential court decisions in condo association law from the past five decades.

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HOW TO PROTECT YOURSELF: TIMESHARE SALES & RESALES

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HOW TO PROTECT YOURSELF: TIMESHARE SALES & RESALES

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How to Protect Yourself: Timeshare Sales & Resales

Source: The Florida Attorney General's Office

Vacation timeshares give you the right to use a vacation home for a limited, pre-planned period. Timeshare scams occur both at the time of the original purchase and when you try to resell the timeshare. Victims of timeshare sales companies are contacted either over the phone or are mailed a postcard asking the victim to call a toll-free phone number. Once they call, victims are told that a buyer is ready and willing to purchase their timeshare if they merely pay listing fees or taxes. However, after a victim pays, the sale of the timeshare never goes through and he or she is unable to get a refund. Before you decide to either purchase or sell a timeshare, consider the following:

Know the new laws in Florida.

In the 2011 legislative session, new legislation was unveiled to further protect consumers from timeshare resale fraud, a top complaint received by the Attorney General's Office. The Timeshare Resale Accountability Act includes the following provisions:

A timeshare resale advertiser may not misrepresent a pre-existing interest in the owner's timeshare.

A timeshare resale advertiser may not mislead a customer as to the success rate of the advertiser's sales.

A timeshare resale advertiser may not provide brokerage or direct sale services.

A timeshare resale advertiser must honor a cancellation request made within 7 days following a signed agreement.

A timeshare resale advertiser must provide a full refund to a timeshare owner within 20 days of a valid cancellation request.

A timeshare resale advertiser must not collect any payment or engage in any resale advertising activities until the timeshare owner delivers a signed written agreement for the services.

A timeshare resale advertiser must also provide a full disclosure statement printed in bold type, with no smaller than a 12-point font, and printed immediately preceding the space provided for the timeshare owner's signature.

A timeshare advertising agreement must be put in writing.

A company who violates these provisions has committed a violation of the Unfair and Deceptive Trade Practices Act with a penalty not to exceed $15,000 per violation.

Be wary of the hard sales pitch.

When it comes to purchasing a new timeshare, the salesman may try to give you the impression that the papers have to be signed that same day. Remember that you always have the right to leave the sales office and come back later. If you attend a timeshare sales presentation, leave the room if the sales pitch becomes too aggressive or if you feel pressured by the salesperson.

Read your contract to determine what cancellation rights you have after you have signed the papers. Make sure you understand exactly what you are signing, and consider having an attorney look over the contract before you sign it. Before buying a timeshare, you should consider whether you will want to return to the same vacation spot each year. Remember that once you buy it, you may not be able to sell it due to a crowded resale market.

Be wary of too-good-to-be-true claims when it comes to resales.

The company's salespeople are likely to claim that the market in the area where your resort is located is "hot" and that they are being overwhelmed with buyer requests for your resort. In some cases, the salespeople may even tell you that they have a buyer "waiting in the wings" who wants to buy your timeshare. Be very skeptical of these types of claims.

Consider other options when it comes to resale.

You may want to try selling your timeshare "by owner" by placing an advertisement in a newsletter or magazine read by potential timeshare buyers. Or you may want to list your timeshare with a licensed real estate broker in the area where your resort is located. As an alternative, you could contract with a company which allows you to exchange your timeshare for a unit in a different area.

File a complaint.

If you are defrauded by a timeshare seller or reseller, file a complaint with the Attorney General's Office online at www.myfloridalegal.com or by phone toll-free at 1-866-9-NO-SCAM. Additionally, you may contact the Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums and Mobile Homes, Bureau of Timeshares online at www.myfloridalicense.com/dbpr/lsc/timeshare.html or by phone at (850) 488-1122.

You may also file a complaint with the Florida Department of Agriculture and Consumer Services, which acts as the State's consumer complaint clearinghouse, at www.floridaconsumerhelp.com.

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How to Protect Yourself: Timeshare Sales & Resales

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Source: The Florida Attorney General's Office Vacation timeshares give you the right to use a vacation home for a limited, pre-planned period. Timeshare scams occur both at the time of the original purchase and when you try to resell the timeshare.

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Everybody’s Sick: The Best Ways to Prevent Illness in a Multifamily Community

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Everybody’s Sick: The Best Ways to Prevent Illness in a Multifamily Community

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Does it seem like everyone around you is coughing, sniffling, or under the weather? It's no coincidence-we're currently in the middle of cold and flu season. Join Donna DiMaggio Berger and guest Dr. Jason Mansour, Chair of Emergency Medicine at Broward Health, to learn the best ways to stay healthy even in shared spaces. Is loss of smell exclusive to COVID or indicative of other ailments? Donna and Dr. Mansour share how to distinguish between the common cold, flu, COVID, and RSV-without resorting to a barrage of tests. Learn how simple, everyday habits can serve as your armor against invisible threats, like Covid-19 and other viruses that could be lurking in common areas like the pool, lobby and on gym equipment.

Our conversation then pivots to everyone's enemy: MOLD. Given the inevitability of water leaks in multifamily buildings, Donna and Dr. Mansour explore the silent intruder of mold. Learn how to recognize the signs of mold in living spaces, how it can impact your health, and whether certain types pose greater risks than others.

Lastly, they look at mobile health services that can make your community healthier, especially as many residents choose to age in their own homes. Listen now for pointers on staying healthy for yourself and your community.
Conversation highlights include:

Common health challenges people face when living in multifamily buildings, especially during flu and COVID surges

How indoor ventilation plays a role in both preventing and spreading illnesses

Areas and surfaces within multifamily buildings that residents should pay extra attention to when practicing cleanliness

How to recognize signs of mold in living spaces

Differences in types of molds and their health impacts

Health risks associated with using amenities like the pool or a gym

Medical services you can bring to your communities

About Take It To The Board
Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners' association, what's really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you've got a question, Take It To The Board with Donna DiMaggio Berger - We Speak Condo & HOA!

Episodes are available for subscription on or listen through any podcast streaming app. You can also click here for the full archive.

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Everybody's Sick: The Best Ways to Prevent Illness in a Multifamily Community with Dr. Jason Mansour of Broward Health | Becker

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Uncategorized For more episodes of Take It To The Board, click here! Does it seem like everyone around you is coughing, sniffling, or under the weather? It's no coincidence-we're currently in the middle of cold and flu season.

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What are Florida's new homeowners association laws? How to find your HOA's rules

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What are Florida's new homeowners association laws? How to find your HOA's rules

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More than 75 million Americans live in subdivisions, condo buildings and other communities with homeowner associations (HOAs) that require them to pay monthly fees and follow a set of rules.

And Floridians who live in places with homeowner associations now have laws protecting their right to know what their dues are paying for.

The monthly average for HOA fees nationally is around $170, but the majority of homeowners pay around $50 or less each month, according to BankRate and the U.S. Census Bureau's American Housing Survey. And Florida has the second highest number of homeowner associations in the country (49,420), right behind California.

In Florida, the average member of a homeowner association pays anywhere from $100 to $500 in HOA fees each month, according to Miami real estate law office Dania Fernandez and Associates.

Here's how Florida's newest HOA laws work and how to find the rules and regulations for your homeowner association.

What are the new Florida HOA laws 2024?

In 2023, six bills that reshape homeowner rights and HOA responsibilities were signed into state law. And there are two more new HOA laws set to take effect in Florida this summer.

Here's a quick breakdown of the most recent changes in HOA laws in Florida.

House Bill 919, Took effect in October 2023: HOA boards used to be able to fine members for not complying with their rules and regulations. But after the leaders of a Homeowner Association in Miami were accused of theft and fraud to the tune of $2 million, Florida lawmakers approved a bill nicknamed the "Homeowners' Association Bill of Rights." Under this bill, HOA members in Florida can't be fined or suspended by violating the association's bylaws or rules, unless a two-week notice is delivered to the member's email or mailing address in the HOA's official records.

House Bill 949, Took effect in October 2023: This bill mainly applies to communities with heavy golf cart traffic. It sets clear age restrictions for golf cart drivers and buckles down on safety for neighborhoods where residents drive golf carts almost as much as they drive cars.

House Bill 437/Florida Statute 720.3045, Took effect in July 2023: According to HOA lawyers at LS Carson Law, "The statute essentially grants homeowners greater autonomy over their property by limiting the ability of HOAs to penalize homeowners for storing items in their backyard that may not be visible from the property's front or side. This provision recognizes the importance of personal space and the right of homeowners to utilize their property as they see fit, provided it doesn't visibly disrupt the aesthetic harmony of the community."

Senate Bill 154, Took effect in June 2023: "In the aftermath of the Champlain Towers collapse, Senate Bill 154 emerged as a critical piece of legislation, reflecting Florida's resolve to prevent such tragedies... The law mandates rigorous inspections for condominiums, particularly those that are three stories or higher or located near the beach or a body of water. This provision aims to identify and address structural issues proactively, ensuring the safety and integrity of buildings," according to LS Carson Law.

Senate Bill 252, Took effect in June 2023: "This law emphasizes respect for individual choice and autonomy in health-related decisions. By prohibiting mandatory COVID-19 vaccination proof or mask-wearing by businesses and non-profits, including HOAs, it reflects a commitment to preserving personal freedoms while balancing public health considerations."

Senate Bill 360, Took effect in April 2023: This bill has sparked controversy over its impact on homeowners. "While it provides a clear framework for addressing construction defects, the perceived alignment with developer interests raises concerns about the balance of rights between developers and homeowners. Homeowners may find themselves at a disadvantage if defects arise after the repose period has elapsed, underscoring the importance of vigilance and timely action in identifying and addressing potential construction issues."

To read more about these new laws and HOA attorney commentary on each one, Boca Raton-based HOA law office LS Carson Law has a guide to Florida's most recent and upcoming changes to HOA laws here.

What is the purpose of an HOA in Florida?
In case you're new to HOAs and their fees, here's

An HOA makes and enforces rules in subdivisions, planned communities and condo buildings. Some examples of common HOA regulations are architectural controls, lawn or holiday decoration restrictions, facade or yard maintenance standards, noise complaint policies, home occupancy limits, parking rules, pet size and quantity guidelines, and short-term rental restrictions.

Some communities with HOAs require mandatory membership for residents who live there.

Homeowner associations are run by a board of directors and typically use the monthly or annual fees members pay for the maintenance of the community's common areas and facilities.

what a homeowner association does:
How do I find my local HOA rules?

Most of the time, you can find the bylaws, rules and regulations for your homeowner association on your county's clerk of courts website. The county your association is located in should have a record of your HOA's governing documents.

All HOAs should be registered with the Florida Department of State Divisions of Corporations. You can use their records search to find your HOA's activity status and names and addresses for the HOA's registered agent, president, vice president, treasurer and secretary.

Is there any way to get around HOA rules?

If you don't want to opt-in to a homeowner association, your best bet is to just choose a neighborhood with no HOA or a newly formed HOA.
Editor's note: A previous version of this story incorrectly included House Bills 979 and 173 as future new laws. The bills were not passed in the 2024 Florida Legislative Session.
But if you are in an established, HOA-run neighborhood and want to leave the association, you can typically petition the board. But that is usually time-intensive and can get expensive, depending on how established and well-run your HOA is.

If you want to opt-out of your HOA fees, you can find tips from Experian on how to opt-out here.

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What are Florida's new homeowners association laws? How to find your HOA's rules

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Here's how Florida's newest HOA laws work and how to find the rules and regulations for your homeowner association.

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Estoppel Certificates’ and Other Disclosures Explained

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Estoppel Certificates’ and Other Disclosures Explained

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“‘Estoppel Certificates’ and Other Disclosures Explained” – News-Press

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Stay informed on the new HOA fining law effective October 1. Get insights and legal updates from our HOA law firm. Protect your rights with expert guidance.

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As Florida Condo Prices Fall, What’s a Condo Seller to Do?

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As Florida Condo Prices Fall, What’s a Condo Seller to Do?

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As Florida Condo Prices Fall, What’s a Condo Seller to Do?

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Mandates that associations have adequate reserve funds for maintenance and repairs mean older buildings could be retired to make way for new development.

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New Requirements for Condominium Association on Inspections of Official Records

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New Requirements for Condominium Association on Inspections of Official Records

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The Florida Legislature adopted House Bill (HB) 1021, which makes certain changes to the Chapter 718, or the Condominium Act. Assuming the bill is not vetoed by the Governor, it will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but one of the areas of law impacted by this bill is the inspection of the official records of the association by unit owners. The association should have reasonable rules in place regarding records requests. If the association does not, this would be a good time to talk to association counsel about adopting such rules. If there are already rules in place, association counsel should be consulted to ensure that the updates to the law are adequately and accurately reflected in the rules.

Maintaining the official records in an organized manner that facilitates inspection will be a requirement under the new law. What is considered an "organized manner" is not described. However, this might be an impetus for the association to digitalize its official records and make them available on a section of its website only accessible to unit owners. Currently, all condominium associations with 150 or more units are required to have a website. Effective July 1, 2026, associations with 25 or more units will be required to post digital copies of the documents on its website or via an application that can be downloaded on a mobile device. Having a website with records available thereon will simplify inspections as the association may fulfill its obligations by directing an owner who has requested records to the website. (This can also be done via an application on a mobile device.) Additionally, when an owner requests records, the association will have to provide the requestor with a checklist of all of the records that were made available for inspection and copying, as well as identifying the records that were not made available to the requesting owner. The checklist itself also becomes an association record to be kept for seven years. Moreover, in the event that official records are lost, destroyed or unavailable, the association's obligation to maintain the records will also include a good faith obligation to obtain and recover those records.

The law also makes changes to the accessibility of email addresses and fax numbers of other unit owners. A current roster of all owners is part of the association official records. Email addresses and fax numbers are currently not accessible by other owners if consent to receive notices by electronic transmission is not provided. The new law provides that email addresses and fax numbers are only accessible to unit owners if consent to receive notice by electronic transmission is provided, or if the owner has expressly indicated that such personal information can be shared with other owners and the owner has not provided the association with a request to opt out of such dissemination with other owners. Further, the Association must ensure that this information is only used for Association business and is not sold or used by outside parties. This information must be redacted if it is included on documents released to third parties.

The Legislature has also increased penalties for certain failures related to association records requests, which makes it even more important to ensure that the records are kept in an organized manner and that the association has rules in place to timely handle requests. The new law provides that a director or member of the board or association or a community association manager who "knowingly, willfully, and repeatedly" violates this section commits a misdemeanor of the second degree and must be removed from office and a vacancy declared. The term "repeatedly" means two or more violations within a 12-month period. Under the new law, it will also be a first degree misdemeanor if any person knowing or intentionally defaces or destroys accounting records that are required to be maintained, or who knowingly or intentionally fails to create or maintain accounting records that are required to be created or maintained, with the intent of causing harm to the association or one or more its members. This person will also be removed from their office.

With this in mind, the Condominium Act allows an association to adopt reasonable rules regarding frequency, time, location, notice, and manner of record inspections and copying. As stated, the association should discuss with counsel adopting such rules, or updating existing rules to ensure compliance with the new laws. Again, this is a large bill with major impact in a lot of different areas governing condominiums. The above only grazes the surface. Consulting with association counsel to navigate these changes is recommended.

To read the original FCAP article, please click here.

Karyan San Martano is a member of Becker's Community Association practice and regularly provides legal counseling to the officers and directors, as well as the property manager, on the operation of condominiums, cooperatives, and homeowners associations.

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"New Requirements for Condominium Association on Inspections of Official Records" - FCAP Managers Report | Becker

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The Florida Legislature adopted House Bill (HB) 1021, which makes certain changes to the Chapter 718, or the Condominium Act. Assuming the bill is not vetoed by the Governor, it will become law on July 1, 2024.

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Curbing the Karens: Florida reins in over-mighty homeowners’ groups

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Curbing the Karens: Florida reins in over-mighty homeowners’ groups

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Curbing the Karens: Florida reins in over-mighty homeowners’ groups

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The state’s homeowners’ associations (HOAs) are notorious for petty bureaucracy – including threats of eviction for the wrong kind of dog or decorative garage door hinges

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Architectural Review in Homeowners’ Associations

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Architectural Review in Homeowners’ Associations

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“Architectural Review in Homeowners’ Associations” – FCAP Managers Report | Becker

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Architectural restrictions are one of the many reasons people purchase homes governed by homeowners’ association as they serve to preserve an aesthetic quality to the community and the value of the homes in the community. However, architectural restrictions are also historically a great source of contention between the Board or architectural review committee and the

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HOA Ruining Your Life? 8 Unenforceable HOA Rules—and How You Can Fight Back

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HOA Ruining Your Life? 8 Unenforceable HOA Rules—and How You Can Fight Back

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Real Estate News & Insights | realtor.com®

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Living with a homeowners association (HOA) can come with a legion of perks-like gorgeously manicured common lawns, swanky amenities, and some rad Fourth of July barbecues. But it can also come with some unenforceable HOA rules.

After all, there's a reason that a stigma exists against homeowners associations: Board members on a power trip can institute and enforce some ridiculous restrictions.

Ridiculous, like "restricting the color of trampoline covers" ridiculous.

Like "You must keep your garage door open during the day" ridiculous.

Like "You must carry your cocker spaniel through the lobby" ridiculous. (Come on!)

Even when you feel as though some unenforceable HOA rules have turned into an implacable steel trap determined to ruin your life at every turn, find comfort in this: Homeowners associations are bound by the rule of law, no matter what the president of the board says.

State and federal law restrict the homeowners association's abilities to restrict you.

Below, find eight unenforceable HOA rules, plus a few HOA loopholes:

1. Discriminate indiscriminately

Your homeowners association board might like to play at being tyrants, but here's a line it can't cross: the Fair Housing Act.

"An association must be careful enacting and enforcing rules that would single out or disadvantage any group identified in the Fair Housing Act," says Craig T. Smith, a lawyer in Hilton Head Island, SC.

That means that your homeowners association can't fine you or keep you from purchasing a home in the neighborhood because of your ethnicity or race.

It also can't kick you out because members of the board hate your religion, or don't like Germans, because you have children, or because you wear a Yankees hat on a regular basis in deep Boston.

States often have additional protections safeguarding the homeowner. For example, California law protects sexual orientation and gender identity.

2. String you out on the (clothes)line

Nineteen states have laws on the books to prohibit a funny HOA restriction: your right to "solar drying." (That's a fancy term for using a clothesline.)

This time-honored tradition saves money and protects your clothes, but to your eagle-eyed HOA board, all those fabrics blowing in the breeze may not look "uniform."

Too bad, buckaroos: Since almost half of states protect your right to dry, any anti-clothesline additions to the covenants, conditions, and restrictions (CC&Rs) are downright unenforceable. Feel free to let your denim wave in the wind.

(There's one caveat: If your backyard is shared with another homeowner, the HOA might have the right to restrict your strung-up lines.)

3. Fine you for fun

Fines are the lifeblood of a malicious HOA-and we cannot, unfortunately, tell you that they're blatantly illegal. But they "must be set forth in the association's rules and bylaws," says Barbara Jordan, a real estate lawyer in Columbus, OH.

Are threatening letters making an appearance in your mailbox, telling you to trim that rosebush or face a fine? Check the community's CC&Rs before complying. If that fine isn't listed, you might not need to pay.

Of course, that doesn't mean your HOA board will roll over, either; you might need to appeal the fine.

If so, first scrutinize those CC&Rs to make sure you have standing. Then, gather all the evidence you have and present it at the next board meeting. (Your HOA may have specific instructions for this process-make sure you follow them!)

If your argument is sound, it could pull back the charges.

4. Make decisions on the fly

Your community's HOA treasurer can't suddenly decide she hates pink mailboxes. Next time Shirley Homeowner comes over complaining, practice these magic words: "Is that mentioned in the CC&Rs?"

And slipping HOA rules in under the cover of darkness is a big no-no. The regulations for how new rules can be enacted should be outlined in your CC&Rs-and if the HOA isn't following its own stipulations, you have a valid complaint for any secret swashbuckling.

If you do suspect something shady is afoot concerning what is included (and what isn't included) in your HOA rules, start requesting documents and attending public meetings.

5. Demand you take down your dish

Your cable TV decisions are protected, thanks to the FCC's Over-the-Air Reception Devices Rule. No matter how ugly your HOA thinks your space-gray satellite dish is, the board members can't force you to take it down. Hello, cheap cable!

You might find that some HOAs still have antenna restrictions written into their covenants. These may be retro artifacts from pre-1997, when the FCC rule came into play.

If you spot these curious addenda in your CC&Rs, take your concerns straight to board members. After all, you have the federal government on your side!

6. Nix native plants

Not all states protect your right to grow an environmentally friendly garden abundant with native plants. But if you're in Texas or California, you can push back if the board's not savvy with agave.

Florida, too, has its own homeowner-friendly rules: HOAs can't restrict plants simply because they're not in the community's overall design plan.

If you're a homeowner in one of those states, persuading your HOA to embrace eco-friendly policies isn't impossible. With the right attitude and enough evidence of go-green benefits, you might just convert the entire neighborhood.

7. Keep you out of court

Snippy HOAs might make you think they're above the law-but if you're truly in a bind, you can challenge that assertion.

Chances are good (although not certain) that you'll have the upper hand in a proper court of law, Smith says, especially if the board of directors acted in an underhanded manner.

If the association's governing documents allow it, start by demanding a hearing before the board. If that demand is met with silence, take it one step further: to the actual courts.

"This is typically a move of last resort," Smith says.

But if you're past the point of mild frustration, a lawsuit might do the trick. Homeowners have sued their board for the right to display a sign critical of the HOA.

One Olathe, KS, homeowner successfully filed a lawsuit to keep his elaborate landscaping -which another resident said was the "nicest-looking [landscaping] in the entire neighborhood."

8. Beat you down

No matter how many letters and fines the board throws at you, you still have rights.

"Show up," Jordan says. "Go to the meetings. Be on record as objecting to the issues. Write letters."

Just make sure to follow the process for objections.

"Do not miss deadlines or forgo opportunities to be heard," Jordan says. "That will only hurt your case."

And do what you can to get your neighbors on board. Together, you can call for new elections or push to scrap excessive or unnecessary rules.

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HOA Ruining Your Life? 8 Things It Can't Do-and How You Can Fight Back

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Is your HOA breaking the law? Homeowners associations can institute some ridiculous rules-and some of them can even cross the legal line.

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Political Signs and Holiday Decorations in Community Associations

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Political Signs and Holiday Decorations in Community Associations

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“Political Signs and Holiday Decorations in Community Associations” - Community Trends

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With election and holiday season upon us, community association boards are typically tasked with the best way to promulgate rules and regulations concerning political signs and holiday decorations. Living in a pluralistic society can have its challenges. However, a lawful, well-crafted, objective, and non-discriminatory policy can help a community live harmoniously while respecting the beliefs and traditions of all its members.

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Florida condo sales move inland as fees, HOA dues surge. Where are the lowest monthly fees?

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Florida condo sales move inland as fees, HOA dues surge. Where are the lowest monthly fees?

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Florida condo sales move inland as fees, HOA dues surge. Where are the lowest monthly fees?

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Florida condo HOA dues and special assessments have skyrocketed in recent years due to new legislation. Here’s where they’re the lowest.

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“Condo Voting Terminology Explained” – News-Press

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Q: Can you provide clarification on what constitutes a “quorum” of condominium unit owners. We sometimes struggle to distinguish between a majority of owners and a quorum. Could you explain how voting interests relate to quorum requirements? (J.D., via e-mail)

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Florida's condo collapse statute has changed in 2025. What are the new requirements?

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Florida's condo collapse statute has changed in 2025. What are the new requirements?

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Florida HB 913, effective July 1, 2025, mandates Milestone Inspections and Structural Integrity Reserve Studies (SIRS) for buildings with three or more habitable stories.

The law raises the threshold for mandatory reserve items from $10,000 to $25,000, excluding roofing, painting, and paving.

Associations can fund SIRS reserves through assessments, special assessments, loans, or lines of credit, with the latter three requiring majority owner approval.

A two-year pause on SIRS reserve funding is permitted for eligible associations under specific conditions.

Today's column is the fourth installment of our annual legislative review, focusing on HB 913, which became effective on July 1, 2025. Today's topic, reserves:
Here is a summary of the major changes:
1. Three "Habitable" Stories: Although there are inherent conflicts in the statute (some clauses that should have been amended were not), the new statute provides that the requirements for a Milestone Inspection and Structural Integrity Reserve Study ("SIRS") applies to buildings of three "habitable stories" or more. This will apply primarily to three story buildings, with two living floors over a ground level non-habitable floor, such as parking.

2. Default Replacement Cost Threshold: For decades, the Florida Condominium Act has required scheduling reserves for roof replacement, building repainting, and pavement resurfacing. The Act has also historically required reserves for any component with a replacement cost or deferred maintenance expense of $10,000 or more. This number has changed to $25,000 and is to be adjusted for inflation periodically by the state regulatory agency. Roofing, painting and paving are not subject to the $25,000 trigger (nor were they subject to the $10,000 threshold).

3. Funding SIRS Reserves: The new statute allows the Association to fund reserve contributions required by the SIRS in one of four ways: (1) regular assessments; (2) special assessments; (3) loans; (4) lines of credit. Funding SIRS reserves through any of the foregoing methods other than regular assessments requires a vote of a majority of the entire voting interests (not just those who vote).

Need a break? Play the USA TODAY Daily Crossword Puzzle.

4. "Pausing" Reserve Funding: In one of the most confusing changes to the statute, the law now allows eligible associations, upon the approval of a majority of the total voting interests of the association, to "pause" SIRS reserve funding for a period of no more than two years. This applies to association budgets adopted on or before December 31, 2028. Further, the association needs to have received its Milestone Inspection within the two years preceding the pause and must obtain an SIRS within two years after the pause, and before reserve funding recommences.

5. Pooling: The statute clarifies that SIRS and Non-SIRS reserves can each be accounted for on a "pooling" basis, though two separate "pools" would be required. The statute does not directly address whether a unit owner vote is still needed to move existing "straight line reserve money" into the pool. There is room to debate that topic.

6. Content of SIRS: The statute now requires that the structural integrity reserve study contain certain information, including a recommended reserve schedule and an identification of items for which a reserve analysis has been performed, but are not reserves required by statute.

7. Affidavit: In an apparent attempt to "turn up the heat" on board members, the law now requires that officers and directors acknowledge receipt of the association's SIRS by affidavit. In a related (though broader) provision of the 2025 changes, the Condominium Act now requires that all affidavits required by the statute be maintained as part of the official records of the association.

8. Standard SIRS Format: The statute now requires the Florida Division of Condominiums, Timeshares and Mobile Homes of the Department of Business and Professional Regulation, in consultation with the Florida Building Commission, to develop a standard format that all structural integrity reserve studies will be required to follow.

Next week, we will continue reviewing the changes to the statutes with a look at changes to the audit rules and the keeping of official records.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.

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Florida's condo collapse statute has changed in 2025. What are the new requirements?

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What is the new law for Florida condo associations in 2025? Here's some information about how reserves must be managed.

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2025 Changes to Condominium Laws Explained 

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2025 Changes to Condominium Laws Explained 

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Today's column is the second installment of our annual review of new legislation affecting Florida community associations, which became effective July 1, 2025. One of the most significant changes involves the annual budget process.

Pursuant to the new statute, if a condominium association board proposes an annual budget which exceeds the prior year's budget by 115 percent or more, the board must simultaneously propose a substitute budget that does not include any "discretionary expenditures that are not required to be in the budget." Previously, if a proposed budget exceeded 115 percent of the prior year's budget, unit owners had to petition the board to present the unit owners' substitute budget for approval, which rarely happened.

Under the new law, boards must proactively provide a substitute budget for owner vote at the same time as the budget that is typically proposed and adopted by the board. There are two key factors boards must consider.

The first question is whether the board's proposed budget exceeded 115 percent of the prior year's budget. Certain expenses, such as insurance premiums, mandatory reserves, and anticipated repair costs for specific building components which are not expected to be incurred on an annual basis, are excluded from this calculation.

The second question, for which the statute offers no definitions or guidance, are what expenditures qualify as "discretionary." The Florida Condominium Act does not define "required" versus "discretionary" expenditures. The Act does mandate that certain expense categories be included in the budget, and many condominium documents outline required services and authorized expenditures.

If a board determines that its proposed budget exceeds 115 percent of the prior year's budget, both the board's proposed budget and the "substitute budget" without the "discretionary expenditures" must be sent to unit owners at least 14 days in advance (some old condominium bylaws require 30 days' notice for budget meetings and this would still need to be followed). A unit owner meeting must be held to vote on the substitute budget before the board convenes to adopt its proposed budget.

In other words, if the owners vote to approve the "substitute budget," that is the adopted budget. If the members reject the substitute budget, then the board meets to approve its proposed budget. The substitute budget requires approval by a majority of the entire voting interests (not just those who vote), or any greater percentage specified in the bylaws.

Another change involves the investment of association funds. Subsection (a) of new Section 718.111(16) of the Florida Condominium Act provides that a board shall, in fulfilling its duty to manage operating and reserve funds of the association, "use best efforts to make prudent investment decisions that carefully consider risk and return in an effort to maximize returns on invested funds." I would have said that this was the law before the new statute, although the "best efforts" requirement is arguably a heightened legal standard.

Subsection (b) of the new statute is particularly noteworthy and applies only to the investment of reserves. The new law states that an association "may invest reserve funds in one or any combination of certificates of deposit or in depository accounts at a community bank, savings bank, commercial bank, savings and loan association, or credit union without a vote of the unit owners." Again, I would have said that this was already the law, without the necessity of this "change."

Perhaps more important than what the new law says, is what it does not. It does not address the fundamental question of whether a condominium association can place its funds in any instruments other than "certificates of deposit" or "depository accounts," nor does the law describe what a "depository account" is. Since the board can invest in these instruments without an owner vote, can it invest in other instruments with an owner vote? If an owner vote is required, what is the vote required to approve?

As with the type of instruments in which association funds may be placed, does the statute permit associations to use other financial entities, such as traditional investment brokerage firms that are not "banks"? Is an owner vote required to permit this and what is the voting requirement?

Stay tuned for further reporting on the new laws.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.

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"2025 Changes to Condominium Laws Explained - Part Two" - News-Press | Becker & Poliakoff

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Today's column is the second installment of our annual review of new legislation affecting Florida community associations, which became effective July 1, 2025. One of the most significant changes involves the annual budget process.

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Florida’s new condo laws recognize the total price of living on the beach

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Florida’s new condo laws recognize the total price of living on the beach

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The Conversation: Florida’s new condo laws recognize the total price of living on the beach

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The New Reality for Condominium and Cooperative Associations

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The New Reality for Condominium and Cooperative Associations

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“The New Reality for Condominium and Cooperative Associations” – FLCAJ Magazine | Becker & Poliakoff

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Increased scrutiny of the structural conditions of buildings in Florida is the new reality for condominium and cooperative associations. This new reality includes both structural reserve obligations and the requirement from many associations to perform milestone inspections. Every condominium and cooperative association in the state of Florida that operates a building of three or more

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Understanding the Fiduciary Responsibilities of HOA Board Members

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Understanding the Fiduciary Responsibilities of HOA Board Members

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Understanding the Fiduciary Responsibilities of HOA Board Members

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HOA board members must fulfill their fiduciary duties. These include using good judgement, acting ethically, making sound decisions, and more.

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“‘Fiduciary Duty’ Explained” – News-Press | Becker & Poliakoff

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Q: Can you explain what “fiduciary duty” means for a condominium board member and managers? (M.S., via e-mail) A: Section 718.111 of the Florida Condominium Act explicitly states that officers and directors of the association have a fiduciary relationship with the unit owners in the condominium. The statute goes on to say that directors and

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Understanding Florida HOA rules, from creation to enforcement, is essential. Learn more about association rules in your Florida community.

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Florida Homeowner Association Lawyers | Becker & Poliakoff

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Becker attorneys have played an integral role in shaping Florida’s homeowner association laws. We represent more than 4,000 HOAs and other community associations statewide. Florida has some of the most unique, comprehensive, and complex homeowner association (HOA) laws in the United States. With the stated purpose of “protect[ing] the rights of association members without unduly