Florida Condominium Record Inspection

Florida Condominium Record Inspection

Condominium and Homeowners Association , ,
Florida Condominium and Homeowners’ Associations, like any other corporation, are required by law to maintain certain records, which may be subject to record inspection. These records include copies of the declaration and bylaws, the current rules of the association, minutes of all meetings, and current insurance policies, just to name a few examples, and all of the official records of the association must be maintained for at least 7 years. This requirement may seem burdensome, particularly to smaller associations that are self-managed, but the reason behind this requirement is that Florida law requires that Florida Condominium and Homeowners’ Associations make…
Read More
Florida Condominium and Homeowners Associations Law: Priority of Liens

Florida Condominium and Homeowners Associations Law: Priority of Liens

Condominium and Homeowners Association , , , , , ,
One issue that comes up often for Florida Condominium and Homeowners Associations is lien priority. It is safe to say that nearly everyone who has lived in a Florida Condominium or Homeowners Association knows that unit owners have to pay certain monthly maintenance assessments and often special assessments on top of that. This is an obligation that comes with living in an Association, and each unit owner is bound by the governing documents of the Association to pay these assessments. What is seemingly not as well-known is that the Association has the power to place a lien on the property…
Read More
Foreclosures for Associations: The Florida Condominium Act and Safe Harbor Rule

Foreclosures for Associations: The Florida Condominium Act and Safe Harbor Rule

Condominium and Homeowners Association, Frontpage , , ,
Foreclosure is an unfortunate reality that many Florida Condominium and Homeowners’ Associations must face in their communities. Accordingly, it is important for Condominium and Homeowners’ Associations to be aware of the rules governing foreclosures, what happens following foreclosures, and what the rights and responsibilities of the Association are in the case of foreclosure. The Florida Condominium Act The foreclosure of a property by a lienholder will typically extinguish liens that came after it, known as junior liens. This would be a potential nightmare scenario for Associations who are owed unpaid assessments, as unit owners who fail to pay assessments usually…
Read More
Responsibilities of a FL HOA

Responsibilities of a FL HOA

Condominium and Homeowners Association
Responsibilities of the Association Over the last few decades, condominium and homeowner associations have become quite numerous in Florida, particularly in South Florida. One need only look around at the many gated communities and condo communities that seem to have popped up all around South Florida. And while many people live in communities of this type, it is likely a small fraction who have any idea what sort of responsibilities go along with running a condo or homeowners association. Just about anyone who is familiar with the operation of a condominium or homeowners association will likely tell you that running…
Read More
Liability of the FL Condominium Association and Board Members

Liability of the FL Condominium Association and Board Members

Condominium and Homeowners Association
Board Member of a Condo Association When you think about what it means to be a board member of a Condominium Association, it doesn’t take long to realize that there is a lot more to it than winning elections and running meetings. The office of a board member comes with a great deal of responsibility – and potential liability. First and foremost, under Florida law, a condominium association is either going to be a corporation for profit, or a not for profit corporate entity. This means that, like any other corporation, those who make up the board of directors of…
Read More
Condo and Home Owners Association meetings

Condo and Home Owners Association meetings

Condominium and Homeowners Association ,
Association Statutes and Voting It has been said before that the operation of a Condominium or Homeowners Association is a lot like that of a small government. That concept rings the most true in the context of association meetings and voting. Holding membership and board meetings is the main process by which association business is conducted, and it is through voting that the will of the unit owners is heard. A poorly run meeting or election can create a mess of things very quickly. Improper ballots, insufficient notice, and even failing to put things on the agenda can all lead…
Read More