Florida HOA Lawyer Blog

March 20, 2023

Florida Legislature Considering Bills Proposing Changes to Condo Safety Reforms, Construction Defect Lawsuits

by Roberto C. Blanch

Roberto C. Blanch

As the 2023 Florida legislative session gets underway, there are several bills impacting associations and real estate that our firm’s South Florida community association attorneys will be keeping a close eye on and discussing in our blog.

Senate Bill 154 and House Bill 1395

Perhaps the most important of these are Senate Bill 154 and House Bill 1395, which deal with issues such as inspections and condominium association financial reserves that were addressed in the condo safety reform law that was passed last May with the adoption of Senate Bill 4D during a special legislative session. Under the new law, inspections are required for buildings that have been occupied for 30 years — or 25 years if they are within three miles of a coastline. After these initial inspections, the buildings will have to go through the process again every 10 years.

If adopted, the new bills could result in changes to the time by which buildings, including those within three miles of a coastline, will have to be inspected. The two bills include different timeframes by which the initial milestone inspection may have to be performed (e.g., SB 154 triggering all such inspections at 30 years with discretion for local officials and authorities having jurisdiction to compel some at 25 years depending on “local circumstances, including environmental conditions such proximity to salt water”; or HB 1395 requiring the initial inspections at 25 years for all buildings regardless of proximity to salt water).

March 12, 2023

Firm’s Latest Miami Herald Real Estate Column: “Harassment Reports, Video Voyeurism by Association Presidents Highlight Need for Vigilance”

by Siegfried Rivera

Siegfried Rivera

The firm’s latest Miami Herald “Real Estate Counselor” column was authored by partner Marc A. Smiley and appears in today’s edition of the newspaper. The article, which is titled “Harassment Reports, Video Voyeurism by Association Presidents Highlight Need for Vigilance,” focuses on the takeaways for community associations and their owner members from two recent cases of horrific behaviors by association and co-op presidents. Marc’s column reads:

. . . The first report by South Florida’s Local 10 News focused on the president of a co-op building who was caught on camera verbally abusing a resident. Larry Reinfeld, the president of Building V in Ro-Len Lake Gardens in Hallandale Beach, has since been hit with a restraining order barring him from having any contact with a resident or coming within 5 feet of her apartment.

Two videos of Reinfeld’s behavior were shared with the station’s reporter. In one, he is seen calling a resident a profane name as she walks by him, asking her if he is blocking the walkway. Dispatch records show she called police after Reinfeld allegedly asked her as she walked to her car: “Are you paranoid enough?”

Residents told the reporter that such behavior is not unusual for Reinfeld. One says she brought it to the attention of the building’s vice president, who told her she should just keep her door shut and her blinds closed.

“I even put it in writing to the association, and they did nothing,” she states.

March 6, 2023

Virtual Meetings Growing in Popularity for Florida Community Associations

by Laura Manning-Hudson

Laura Manning-Hudson

Online rather than in-person meetings for community association boards of directors became very popular during the height of the Covid pandemic. Their use has diminished since then, but they still remain a popular option for many boards and committee meetings to facilitate effective administration and operations.

Whether it is on Zoom, Workspace, Teams or another internet-based meeting platform, conducting a virtual board meeting instead of an in-person meeting can be a highly effective problem solver for many associations. Communities need to rely on dedicated volunteers, and online meetings are sometimes the only option for busy directors and committee members to be able to take part.

In addition, for emergency meetings or special meetings that need to be held offsite and/or kept private, online platforms provide a convenient and efficient option. Online-meet-300x200 If a property is heavily impacted by a hurricane or other disaster and it is inaccessible, having the preparations in place for online meetings can enable directors who may have evacuated to other locales to effectuate immediate decisions and actions.

For special meetings of the board, such as those to discuss private personnel matters and potential changes, the virtual option is often the best choice. They can be organized at the spur of the moment should the need arise, and their convenience for all the participants makes it much easier to achieve a quorum on short notice.

February 26, 2023

Miami Herald Real Estate Column by Christyne Santisteban: “Growing Condo Association Budgets Require Deft Touch by Directors, Property Managers”

by Siegfried Rivera

Siegfried Rivera

The firm’s latest Miami Herald “Real Estate Counselor” column was authored by Christyne D. Santisteban and appears in today’s edition of the newspaper. The article, which is titled “Growing Condo Association Budgets Require Deft Touch by Directors, Property Managers,” focuses on how condominium associations should respond to the increased costs and financial pressures they are now facing. Her article reads:

. . . [M]any condominium associations are being forced to increase their annual budgets and augment their monthly dues, and/or to implement special assessments to pay for specific unexpected shortfalls.

Needless to say, anytime costs and collections go up dramatically, questions will arise from concerned owners over how their associations’ funds are being spent. That is why transparency and communications will play a key role for associations that are increasing their budgets and assessments.

The best approach for associations and their directors to adopt will be that of full disclosure and complete transparency, which actually begins by determining where cost-cutting adjustments could possibly be made. This may entail meetings and negotiations with key vendors.

Association directors should also schedule and hold discussions over such budgetary and collections increases at all the necessary board meetings that it takes to address owners’ questions and concerns.

February 20, 2023

Community Associations Institute’s Condo Safety Initiatives Recognized with Prestigious Public Affairs Council Award

by Roberto C. Blanch

Roberto C. Blanch

The Public Affairs Council, which is the leading nonpartisan association for public affairs professionals worldwide, recently awarded its 2022 Lobbying Strategy Innovation Award to the Community Associations Institute for the organization’s condominium safety policy response and initiatives.

In the aftermath of the horrific collapse of Champlain Towers South that claimed 98 lives, CAI released its Condominium Safety Public Policy Report based on the work of its special task forces to recommend changes to laws and best practices that may help both communities and legislators to better address building safety.

The participants in these task forces included engineers, insurance experts, building officials, local government leaders, property managers, attorneys, lenders, and others. Over the course of three months, more than 600 individuals devoted a great deal of time to discussions, surveys, interviews, and research to identify clear recommendations.

The resulting Condominium Safety Public Policy Report provided extensive policy positions and recommendations covering reserve studies and funding, building maintenance, and structural integrity. Since its release, CAI’s government and public affairs team has continued to conduct outreach to state legislators and their staff as well as key individuals in federal housing agencies.

February 12, 2023

Herald Column by Gary Mars: “National Media Focuses on Impact of Florida’s New Condo Safety Law on Association Budgets”

by Siegfried Rivera

Siegfried Rivera

The firm’s latest Miami Herald “Real Estate Counselor” column is authored by shareholder Gary M. Mars and appears in today’s edition of the newspaper. The article, which is titled “National Media Focuses on Impact of Florida’s New Condo Safety Law on Association Budgets,” begins by discussing a recent segment on Fox Business Network’s Mornings with Maria show about the financial repercussions of Florida’s new condominium safety law on the state’s condo associations and their unit owners. It reads:

. . . The host and panelists point out that the mandates for reserves and engineering safety inspections/reports represent new expenses that will need to be borne by condo owners. Their message to recent buyers or those who may be considering a condo in the Sunshine State: Do your homework and come to terms with the fact that the current monthly association dues for many properties are very likely going to see substantial increases in the near future.

Panelist Mitch Roschelle also bemoans that after the Champlain Towers South tragedy, many condominium owners in the state are no longer willing to serve on their board of directors for fear of exposure to potential legal liabilities for their votes and decisions.

While it did paint a particularly gloomy outlook for the state’s condo associations and owners, this recent morning news show segment was not the first and certainly will not be the last of the national news media reports focusing on the coming increases in Florida condominium association budgets created by the state’s new safety reforms. There is no doubt that many properties are going to need to increase their monthly dues and/or enact special assessments to address immediate needs together with the coming inspections and reserves requirements.

January 30, 2023

Michael Hyman Featured in CAI Book Titled “Creating Community Association Law: True Tales from Early Pioneers”

by Siegfried Rivera

Siegfried Rivera

The firm’s Michael L. Hyman is prominently featured and profiled in a new book from the Community Associations Institute titled “Creating Community Association Law: True Tales from Early Pioneers.”

The new volume focuses on the history behind the laws governing homeowners and condominium associations. Author Marvin Nodiff delves into the creation of states’ first association laws and the attorneys who led the charge to enact them.

Hyman first began work with condominium associations and HOAs in 1970. The book discusses his work in the 1970s and ‘80s in filing lawsuits to free communities from triple-net leases that left buyers and owners responsible for paying developers rent for shared recreational amenities for up to 99 years. He was appointed to The Florida Bar’s first condominium commission, which conducted hearings throughout the state, and he was one of the authors who rewrote the condominium statute to provide operational rights to owners.

Hyman became the first attorney in South Florida to launch a major practice dedicated to the representation of community associations.

January 29, 2023

Miami Herald Real Estate Column by Michael Hyman: “Florida HOA Communities Installing New License Plate Reader Cameras”

by Siegfried Rivera

Siegfried Rivera

The firm’s latest Miami Herald “Real Estate Counselor” column is authored by Michael L. Hyman and appears in today’s edition of the newspaper. The article, which is titled “Florida HOA Communities Installing New License Plate Reader Cameras,” focuses on deployments by communities of new automated license plate reader cameras that automatically read and record the license plate of all passing vehicles. Michael’s article reads:

. . . For HOAs and even some condominium communities, especially those facing security and safety issues and concerns, deploying such cameras at key entrance/exit points with the accompanying signs alerting drivers of the monitoring could represent an effective prevention and investigative tool.

News reports over the last several years have chronicled ALPR installations by Florida HOAs locally in Coral Springs as well as in the areas surrounding Tampa Bay, Jacksonville, Panama City and Naples. A recent article on the TapInto.net news site that also appeared on msn.com focused on the Kensington Glen community in Coral Springs and its deployment of ALPR cameras that are connected to the city police department’s Real Time Crime Center.

Gil Sternbach, the president of the HOA for the community with 258 homes and no security gates or guard house, describes the cameras as their “invisible gate.” The HOA installed four solar-powered ALPR cameras to read license plates and capture images of vehicles going in and out of the two roads leading into the community.

January 26, 2023

Motley Fool Article Highlights Benefits, Appeal of Communities with Associations

by Laura Manning-Hudson

Laura Manning-Hudson

A recent column on Motley Fool’s www.Fool.com website caught the attention of our firm’s South Florida community association attorneys. Author Christy Bieber begins by noting the negative perceptions toward HOAs that she and her husband shared, but she ultimately acknowledges their benefits and appeal.

“Living in a neighborhood with a homeowners association (HOA) has always seemed like a huge hassle to me. Several times, my husband and I have walked away from buying a home we love in an HOA neighborhood because of the ridiculous rules and restrictions applied to homeowners or because of the high fees the neighborhoods charged,” begins her column.

“We didn’t want to commit to huge monthly costs on top of a mortgage payment, or have our association tell us what kind of flowers to plant. And we’ve also lived in HOA neighborhoods where the association was disorganized and caused nothing but trouble.”

She notes that they vowed never to buy a house in an HOA neighborhood again, but they have now changed their minds and are looking to buy a property in a community with a strong association.

Why the change of heart?

HOA-Community-2 “We really fell in love with the neighborhood,” she writes.

Bieber notes that it is ideally located, near their favorite stores and restaurants, and hosts fun special events. She also loves the miles of walking trails that wind by beautiful lakes and streams. Rather than sitting in traffic to visit the area, they decided their best move would be to make the community their home.

January 23, 2023

Community Association Directors Find Fulfillment in Often Thankless Job of Board Service

by Roberto C. Blanch

Roberto C. Blanch

Serving as a member of your community association’s board of directors can be a thankless job. Preserving and maintaining an enclave’s property values requires making difficult decisions occasionally and consistent rules enforcement, which can lead to some disputes from time to time.

However, in my 22 years of experience working closely with association directors, I have found that most feel a strong sense of fulfillment and pride from the important work that they are doing for their communities. By answering the call of board service, they are taking on the vital functions of community administration and working to effectively maintain, repair and improve the governed property while preserving harmony within the community, with the aim of maximizing the property values of all owners within the community.

The requirements for being a board member in Florida are such that most home and condominium owners qualify. The minimum standards for board service include: being 18 years of age or older; not having been convicted of a felony without voting rights having been restored; not being delinquent in payment of assessments due to the association (candidates for board positions cannot be delinquent on assessment payment obligations, and sitting directors become ineligible to retain office if more than 90 days delinquent in payment of assessments to association); and taking a state-mandated certification course or signing a certification document within 90 days of taking office. In addition, some communities may have their own eligibility criteria, such as having to be an owner of a home or unit within the community.