Community Associations are subject to strict rules as to the amount and type of fees they may charge unit owners who are delinquent on their assessments. The term 'community associations' includes Condominiums and Homeowner Associations (HOAs). These associations are also subject to strict laws concerning the types and amounts of fees that may be charged in the event of a transfer or sale of the unit.
Community Association Issues are on everyone's mind these days after Hurricane Irma caused damage across the state. Disputes are arising as to insurance coverage and the responsibility of owners versus that of associations. Does each party have sufficiant coverage? How will reserves be used? Are the reserves sufficient? Associations, Directors and Unit Owners should also use this as an opportunity to plan for the next casualty event. Click here for a discussion of the Post-Irma issues relating to the liability of condominium associations and their boards of directors, on these critical issues. Also check out our blogs on resolving disputes or litigation arising under NABOR and FR/BAR residential sales contracts after a casualty event.
Here's a quick and dirty summary of the new estoppel certificate laws for Condominiums and HomeOwner Associations. Estoppel certificates used to be referred to as 'estoppel letters.' Associations need to be complying with these detailed new requirements, there can be serious penalties for failure to do so.
Florida Community Associations face a host of new laws this year. Most of the revisions were in the Florida Condominium Act, Chapter 718 of the Florida Statutes. However, significant amendments concerning estoppel certificates, their content and their cost , which are included in the amendment to the condominium law, have also been implemented in Chapter 720 regulating HomeOwner Associations.
Florida's tag as the Sunshine State positively influences individuals and businesses thinking of relocating. Many people choose homes in community associations, whether condominium, cooperative or homeowner associations.
If you own a condo unit, you are required to pay certain fees, called assessments. It is important for you to understand that your condo association or community association has a lien on your unit in order to secure the payment of fees.
Limited common elements in community associations are defined by Florida Statutes as those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units. These limited common elements are set forth in the declaration of condominium. Generally, the owner of a condo unit that enjoys use of such limited common element must pay assessments related to that limited common element.
The board of administration - also known as the board of directors - for a condo or community association is the group of elected individuals who are responsible for the administration, management, and operation of the condominium association. The powers and duties of the board of administration are set forth in the condominium documents, namely the bylaws and the Rules, as well as CH 718 FL ST. Other powers and duties may be defined in Florida's laws on corporations and not for profit corporations.
Yes, your condo or community association can charge you for repairs to the fire extinguishers and alarms in the condo hallways even though there is no mention of fire safety equipment in the condo association documents. Unless otherwise stated in the condo documents, your condo association should be charging you based on the proportionate ownership interest that you have in the common elements by way of your ownership of the condo unit. As a simplistic example, if your building has 10 units, you should be paying 10% of the repairs for the fire safety equipment in that building.
If you live in a home that is part of a homeowners association, you should be well aware of your expectations to pay regular fees. These payments go toward maintenance of shared areas and amenities, building improvements and repairs as well as other expenses and services shared by members of the association.