Contents
State Laws Impacting Florida Associations
Florida Homeowners’ Association Act,Fla. Stat. § 720.301, et. seq., governs the formation, management, powers, and operation of HOAs in Florida, specifically applying to not-for-profit organizations operating residential homeowners associations in Florida. Fla. Stat.§720.302(1).
Florida Condominium Act, Fla. Stat. § 718.101, et. seq., governs the formation, management, powers, and operation of condominium associations in Florida.
Florida Not for Profit Corporation Act,Fla. Stat. § 617.01011, et. seq.: Homeowners associations in Florida must be organized as non-profit corporations.Fla. Stat. §720.302(1). Non-profit corporations in Florida are governed by the Florida Not for Profit Corporation Act with regard to corporate structure and procedure. Condo Associations may organize as either for-profit or not-for-profit corporations.Fla. Stat. §718.111(1)(a).
Florida Cooperative Act, Fla. Stat. § 719.101, et. seq.: The law recognizes and provides a legal framework relating to cooperative ownership of the real estate in Florida.
Florida Fair Housing Act, §§ 760.20, et seq.: The law protects Floridians from discrimination based on race, color, national origin, sex, handicap, familial status, or religion. The Act provides state-level protections similar to the FederalFair Housing Act(FHA).
Recommended Reading:
Warren v. Delvista Towers Condo. Assoc., 49 F.Supp. 3d 1082 (2014). If a requested modification or accommodation has a direct connection to a resident’s disability, an association can only decline the request “if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider’s operations.”
Bhogaita v. Altamonte Heights Condominium Assn., 765 F.3d 1277 (11th Cir., 2014). The Court determined that the condo association violated the statute when it sought to remove a PTSD-suffering owner’s emotional support dog because it exceeded a weight restriction.
Use of a Service Animal, Fla. Stat. § 413.08 lists a person with a disability's rights and responsibilities relating to a service animal's use, prohibited discrimination in public employment, public accommodations, housing accommodations, and penalties. The law provides similar protections to theADAandFHArelating to service animals. Specifically, it excludes emotional support animals in its housing accommodation requirements for a person with a disability. The law makes it a second-degree misdemeanor to misrepresent themselves as being qualified to use a service animal.
Florida’s Consumer Collection Practices Act(CCPA), Fla. Stat. § 559.55, et. seq.: The Act regulates debt collection practices at the state level and is very similar to theFair Debt Collection Practices Act(FDCPA). The Act prohibits abusive, deceptive, and unfair practices outlined underFla. Stat. §559.72by third-party debt collectors when attempting to collect a debt.
Recommended Reading:
Kelly v. Duggan, 282 So. 3d 969 (Fla. Dist. Ct. App. 2019)
Ladick v. Van Gemert, 146 F. 3d 1205 - Court of Appeals, 10th Circuit 1998.
Thies v. Law Offices of William A. Wyman,969 F. Supp. 604 (S.D. Cal. 1997).
Fuller v. Becker and Poliakoff, 192 F. Supp. 2d 1361 (M.D. Fla. 2002).
Durso v. Summer Brook Preserve Homeowners Ass'n, 641 F. Supp. 2d 1256 (M.D. Fla. 2008). Holding that fines assessed by a homeowners' association for violation of the community rules do not create a "debt" under the FDCPA.
The Arbitration Rules of Procedure Governing Recall and Election Disputes in Homeowners’ Associations, Chapters 61B-80 through 81, Florida Administrative Code. The chapter governs the arbitration of election disputes and recall disputes arising in a homeowners’ associations governed by Chapter 720 of the Florida Statutes.
Community Association Management, Fla. Stat. § 468.431, et. seq.: The law regulates licensed community association managers and community association management firms.
Maintenance; limitation upon improvement; display of flag; hurricane shutters and protection; display of religious decorations, Fla. Stat. § 718.113(7).
Construction Lien Law, Fla. Stat. §§ 713.001–713.37: The law protects “those who have provided labor and materials for the improvement of real property.”WMS Constr., Inc. v. Palm Springs Miles Assocs., Ltd., 762 So. 2d 973, 974-75 (Fla. 3d DCA 2000)(emphasis added).
Recommended Reading:
Parc Central Aventura East Condominium v. Victoria Group Services, LLC, 54 So. 3d 532 (Fla. 3d DCA 2011).
Maronda Homes, Inc. v. Lakeview Reserve Homeowners Ass’n, Inc., 127 So. 3d 1258 (Fla. 2013).
Solar Rights
Florida Energy devices based on renewable resources, Fla. Stat. § 163.04. The statute expressly prohibits local governments and homeowner associations from adopting restrictions, covenants, or rules prohibiting the installation of "solar collectors, clotheslines, or other energy devices" based on renewable resources.
The statute expressly provides that "[a] property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit." §163.04(2).
Associations may determine the specific location where solar collectors may be installed if such determination does not impair solar collectors' effective operation. Homeowners should follow the association's architectural alteration approval process before the installation of solar panels.
Solar easem*nts; creation; remedies, Fla. Stat. § 704.07. The statute provides property owners with a right to obtain written solar easem*nts for the purpose of maintaining exposure of a solar energy device. The statute also provides guidelines for the composition of the solar easem*nts.
State Government Agencies
TheFlorida Commission of Human Relationsis responsible for enforcing the state’s civil rights laws in Florida, including the Florida Fair Housing Act. Victims of housing discrimination can file a complaint with this agency orHUDwithin one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory act.
Recommended Reading:
Joint Statement of HUD and Dept. of Justice Reasonable Accommodations under the Fair Housing Act (2004).
Joint Statement of HUD and Dept. of Justice Reasonable Modifications under the Fair Housing Act (2008).
Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (2020).
Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners (2005).
FloridaFinancial Services Commissionenforces Florida’s Consumer Collection Practices Act. Individuals experiencing abusive, deceptive, and unfair collection practices can file a complaint against the debt collector with this agency, theFederal Trade Commission, orConsumer Financial Protection Bureau.
Florida Attorney General- The attorney general's office plays a vital role in protecting the state's citizens. The attorney general has issuedLegal Opinion Letterson issues related to homeowners' associations.
Department of Business & Professional Regulations(DBPR) - Search records for businesses and professionals licensed by the department. In some instances, theDBPRcan get involved in matters relating to elections, recalls, and mediation of covenant-enforcement issues.Fla. Stat. §720.302(2).
TheOffice of the Condominium Ombudsmanis a government agency established to regulate residential communities in Florida and oversee, among other things, education, complaint resolution, mediation and arbitration, and developer disclosure.
The duties of the Ombudsman’s Office can be found under the Florida Statutes, Section718.5012. See also Attorney General’sAdvisory Legal Opinionregarding the Condominium Ombudsman’s Powers.
The office put togethercomprehensive instructionson reporting or filing a complaint against condominium board members or community association managers. You may also call or e-mail your questions concerning your condominium to the Ombudsman atombudsman@myfloridalicense.com.
Ft. Lauderdale Office:
Office of the Condominium Ombudsman
1400 W. Commercial Boulevard, Suite 185-J
Ft. Lauderdale, FL 33309-3791
Phone: 954.202.3234
FAX: 954.202.3237
Spanish Inquiries: 954.202.3235
HOA Information and Documents
Florida Department of State - The government agency provides information on elections, businesses, licensing, and securities.
HOA Directory- Homeowners can enter the community's name or subdivision to find the association's contact information, list of board members, and corporation documents, such as the association's articles of incorporation.
Florida Recorded Document Search- Visit the county recorder's office where the property is located to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents. The association's CC&Rs must be recorded with the county land records to be enforceable.
Florida Housing Data Clearing House - Search for single-family, multifamily, condominium parcels and find condominium developments licensed by the Florida Department of Business and Professional Regulation.
Legal Resources
Florida Legislature: Search your state representative and the legislation (or "statutory law") database.
Florida Bar Association: The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and information to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.
Florida Bar Foundation: The website provides free legal information, legal forms, do-it-yourself, free and low-cost legal service programs, and lawyer referral programs.
Florida Courts: The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, and lawyer referral services.
Florida Free Legal Answers:The website offers qualifying Floridians an opportunity to ask civil legal issue questions and obtain legal information and advice from volunteer attorneys.
Florida Law Help:The organization offers free or low-cost legal assistance and provides legal information, tools, forms, and resources to assist Floridians with their legal problems.
Legal Services Corporation:The independent nonprofit corporation provides civil legal assistance to low-income Americans.
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Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs
Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.
Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs
The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.
Step-By-Step Guide To The HOA Assessment Collections Process
When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.
Preventing the Spread of COVID-19 Within HOA Communities
On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.
HOA Powers and Obligations In Emergency Situations
The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.
Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners
One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.
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