If the allegations in the lawsuit hold up in court, the association could be forced to pay the plaintiff unit-owners lost rental income and legal bills. / SB 630, Page 9), (c) The association may not require a unit owner to demonstrate any purpose or state any reason for inspecting the official records of the association. The Fair Housing Act includes familial status (children) as a protected class. Copyright 2023, Pavese Law Firm. Some associations believe the financial history of a buyer is important. 11. The statute does not actually provide that minutes concerning a board meeting with counsel are exempt, but I would advise my clients to protect those minutes until the litigation is resolved. Developer Use of Sales or Reservation Deposits Prior to Closing Section 718.202, F.S., (SB 630, Page 50). the association may not allow access to "Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel."8 The Condominium Act provides an additional statutory ground . 1. There seems to be a common misunderstanding by the directors of many community associations in Florida as to their rights to approve and screen individuals seeking to purchase or rent homes within their communities. 247 Tamiami Trail South, Suite 201, Venice, FL 34285 P (941) 955-9991 F (941) 484-9992 LAKEWOOD RANCH 8130 Main Street, Suite 206, Lakewood Ranch, FL 34202 P (941) 907-9022 F (941) 907-9024 Did you find this real estate law content useful, but need actual legal counsel? T he tenant application process to a condominium association can be long, arduous, and sometimes, expensive. Condominiums are on a slippery slope when exercising approval authority. A:This is a good question because the Florida Condominium Act does require that the Board keep minutes of every board meeting, and that minutes are official records that must be made available to owners when requesting access to official records. Don't Want Your Association to Be the Next Rental Community? When an association fails to do so, the result can be an expensive education for the Board of Directors and owners. or anything. State law limits such fees to . PDF Sawgrass Villas Condominium Association Lease Application Checklist The structural repairs had not yet begun when the condo collapsed two months later. 4. The tenant must provide the landlord 30 days' written notice, along with a copy of the official military orders or a written verification signed by the service member's commanding officer. In, Phillips v. Hunter Trails Community Association. The Board of Directors of many condominium associations takes their approval responsibility seriously, and they should. The annual budget for condominium associations must be proposed to unit owners and adopted at least 14 days before the beginning of the fiscal year. The law clarifies that a multi-condominium association may adopt a consolidated or combined Declaration for the condominiums without being required to merge the condominiums into a single condominium. Photo courtesy of Oleg Ivanov Fax: (239) 542-8953, 4524 Gun Club Rd. Those letters are known as estoppel letters for years, most associations charged $100 for an estoppel letter. Additionally, the Associations governing documents may or may not include the power to accept or reject a tenant for any reason or without having to provide an explanation. 5. He is a partner and an experienced construction and real estate attorney with the Pavese Law Firm, 1833 Hendry Street, Fort Myers, FL 33901; Telephone: (239) 334-2195; Fax: (239) 332-2243. That did not retroactively protect the investor group in the Jahren case, but protects owners now. Depending upon the circumstances, that may be a charge of either (1) tampering with evidence as provided in Florida Statute 918.13 or (2) obstruction of justice as . at 2522. He can be reached at dpodein@dhaberlaw.com. Cape Coral, FL 33904 Anyone wishing to rent a condominium must complete the Association's "Background Consent Form" and submit same to the Association for completion of a background check, at the owner's or prospective tenant's expense. Florida Community Association Professionals: Why Condominium Associations Must Carefully Evaluate Their Long-Standing Tenant Approval Policies Florida Today: The Fair Housing Act and Criminal . In Phillips v. Hunter Trails Community Association, the rejected buyer recovered almost $200,000 in damages even though the association exercised a right of first refusal. Condo Application Fees - What is Legal in Florida. Exterior storage. The notice must specify the amount owed and allow the unit owner at least 30 days to pay the past due assessments without paying additional attorney fees. A homeowners association cannot evict a homeowner the same way that a landlord can evict a tenant. 2. Forgery of a ballot envelope or voting certificate used in a condominium association election is punishable as provided in s. 831.01, the theft or embezzlement of funds of a condominium association is punishable as provided in s. 812.014, and the destruction of or the refusal to allow inspection or copying of an official record of a condominium . In addition, it is imperative for associations to base their decisions on legitimate factors as provided within the policies set forth in their governing documents, including but not limited to matters such as credit worthiness, evictions, criminal records, interviews with past landlords, and others. A landlord typically has a lease that allows the landlord to give the tenant a certain amount of time to correct a problem, move out, or face eviction. Court cases have held that when an association has the unfettered right to disapprove a sale, such unlimited authority can be unenforceable as an unreasonable restriction on the ability of an owner to sell. Fines Due Date Section 718.303(b), F.S., (SB 630, Page 53). In this situation, the rule may be invalid and the Association should amend the Declaration to include these lease approval requirements in the Declaration itself. Harassment In HOAs: Defining and Preventing Unacceptable Behavior Section 627.714(4), F.S., has been amended to provide that a condominium unit owners insurance policy may not provide subrogation rights against the association operating the condominium in which the property is located, if the associations insurance policy does not provide a subrogation right against the unit owners. Is there enough time to conduct the election? and Urban Dev. (b) Exclusively Designated Parking Spaces Section 718.113(8)(a), F.S., (SB 630, Page 30), The locations where the association may not prohibit an electric vehicle charging station and a natural gas fuel station was expanded from the limited common elements to also include an exclusively designated parking area., (c) Association Charging Stations Section 718.113(9), F.S., (SB 630, Page 33). The failure to adopt the annual budget a second time is a minor violation and the prior years budget will continue in effect until new a budget is adopted. There are new requirements on how an association may deliver and change its method of delivery for assessments and statements of account: (a) An invoice for assessments or a statement of account must be sent by first-class mail or electronic transmission to the unit owners email address maintained in the associations official records. the rejected buyer recovered almost $200,000 in damages even though the association exercised a right of first refusal. Restricting the Restrictions: New HOA Rental Restrictions in Florida Provide contact information for all insurance maintained by the association. Fax: (239) 332-2243, 4632 Vincennes Blvd., Suite 101 Most experts agree that the conviction of a violent felony might be sufficient or a history of refusing to follow the rules where the proposed new owner has lived. Surfside NOTE: Our Client Portal is Currently Undergoing Maintenance. A vote of the parcel owners is only taken when a declaration is amended. / SB 630, Page 40), 12. (1) If a landlord requires a prospective tenant to complete a rental application before residing in a rental unit, the landlord must complete processing of a rental application submitted by a prospective tenant who is a servicemember, as defined in s. 250.01, within 7 days after submission and must, within that 7-day period, notify the Condo & HOA FAQ's | Goede, DeBoest & Cross - GD&C Law Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Be Proactive. Please avoid obscene, vulgar, lewd, Below is a summary of the changes to the condominium law made pursuant to Senate Bill 56, Senate Bill 602, Senate Bill 630, and Senate Bill 1966, that all managers, Board members, and condominium residents must become familiar with before the changes become effective on July 1, 2021. It's one of many South Florida condo associations ripping off consumers. Brad Sohn, a lawyer representing at least one resident who has filed a lawsuit against the Champlain Towers South Condominium Association, said on Saturday that residents were facing. What happens when an association wrongfully refuses to approve a transfer? 1. When a condominium association unreasonably denies approval of a lease or sale, the association can be subjected to a claim for damages and board members might even be personally liable, notwithstanding substantial protection for condominium board members found in Floridas Condominium Act and Not-For-Profit Corporations Act. 16. Florida recently passed new laws governing emotional support animals (ESA) which go into effect on July 1, 2020. This means a person is no longer ineligible to be a candidate because they are delinquent on fines, fees, or any other monetary obligation other than assessments. / SB 630, Page 7), (b) The new law clarifies that a renter only has the right to inspect and copy the Declaration of Condominium, the Bylaws, and Rules. Florida Condo Association Board Meetings: Unit Owner Rights and The installation, repair, or maintenance of an electric vehicle charging station or a natural gas fuel station under this subsection of the statute does not constitute a material alteration or substantial addition to the common elements or association property. Documents provided to NPR show the board approved seeking a $15 million line of credit on April 13, 2021. Once every decade, the Florida courts issue an opinion that profoundly changes the face of condominium law. Q&A: Collecting Rent from Tenants (revisited) | Florida Condo & HOA Law in accordance with Florida Law, that upon receipt of notice from Sawgrass Villas Condominium Association . The trial court disagreed and explained the investment group bought knowing unit owners could amend the declaration at any time. Please contact the firm for more information. Phone: (561) 471-1366 2021 LEGISLATIVE UPDATE FOR FLORIDA CONDOMINIUM ASSOCIATIONS. We pride ourselves of our level of commitment to our clients. Visit www.gadclaw.com or ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. He concentrates his practice in the areas of complex commercial and business litigation, real estate leasing and construction, contract negotiations, real estate development disputes, condominium and community association law and bankruptcy litigation. Many associations use a blanket term prohibiting "aggressive" dog breeds. In addition, the association may not prohibit access that is necessary for the sale, lease, or other transfer of title to a unit; or the habitability of the unit; or for the health and safety of such persons. A:Yes, the statutes only require that the notice of the meeting along with the election materials be sent at least fourteen (14) days before the meeting and election. The association is required to mail the package to the last address provided to the Association. 3 Texas Dept. 819 (D. Nev. 1994). Florida Homeowners' Guide to HOA Laws - Homeowners Protection Bureau, LLC Suite 203 Some governing documents give the Board of Directors plenary power to adopt, modify or otherwise change use restrictions. Ownership of Condominium Website Are we required to make these available? It is unclear what is meant by the reference to an owner who consents to the governing document as no vote of the parcel owners is taken at the time a declaration (the governing document) is first adopted. of Housing and Community Affairs v. Inclusive Communities Project, Inc.3, if a housing providers resident acceptance policy has a disparate impact on a minority group, such a policy would fall under the purview of FHA prohibited practices. Maintenance, Repair and Replacement Responsibility Within Your Note: Be wary of using credit history as a ground for disapproval. A few greedy condos, mostly in the Miami area, charged five and even ten times that amount. The principles relating to formation, management, powers, and operation, as set forth in the Condominium Act, are often very similar to the analogous principles of the HAA. Only approve select dog breeds. Mr. Pope is 1 of only 2 attorneys in Florida that is Florida Bar Board Certified in both Construction Law and Condominium and Planned Development Law. An overview of florida condominium association collections of past due maintenance fees. Becker & Poliakoff is one of Florida's preeminent law firms, and the firm that pioneered Condominium and Homeowners Association law in Florida. In contrast, Section 720.306(1)(h), Florida Statutes, will provide that the rental restriction will apply to a parcel owner who acquires title to the parcel after the effective date of the governing document or amendment and to a parcel ownerwho consents, individually or through a representative, to the governing document or amendment. These rules were also intended to address a growing concern that tenants are purchasing illegitimate documentation for emotional . The case ended up at the Florida Supreme Court and the Justices agreed with the trial court, leaving the investment group with a condominium unit they could no longer rent as intended.