Community Law Newsletter

All Homeowner’s Associations governed by Chapter 720, Florida Statutes, take notice of the upcoming deadline to provide a physical or digital copy of the Association’s rules and covenants to every member of the Association before October 1, 2024. Section 720.303(15) of the Florida Statutes provides…

By: Christopher L. Pope, Esq.Board Certified by The Florida Bar in Construction Law;Condominium and Planned Development Law; and Real Estate Lawwith assistance from Warren W. Mostrom and Vanessa Fernandez, Esq. Keeping up to date with legislative changes is vital in the field of laws that…

By: Christopher L. Pope, Esq.Board Certified by The Florida Bar in Construction Law;Condominium and Planned Development Law; and Real Estate Lawwith assistance from Robert Layman and Vanessa Fernandez, Esq. The My Safe Florida Condominium Pilot Program is a hurricane mitigation inspection and grant program intended…

By: Christopher L. Pope, Esq.Board Certified by The Florida Bar in Construction Law;Condominium and Planned Development Law; and Real Estate Law,with assistance from Andre Eaton and Vanessa Fernandez, Esq. Staying informed about legislative changes is crucial in the ever-evolving landscape of laws pertaining to Florida…

By: Alexander Menendez, Esq., In 2021, Congress passed the Corporate Transparency Act. The legislation is intended to create a database of information to assist the U.S. government’s efforts to track bad actors who hide or benefit through the use of shell companies. Companies, such as…

By:  Christopher L. Pope, Esq., Christopher J. Shields, Esq., Alexander J. Menendez, Esq., and Vanessa Fernandez, Esq. The aftermath of Hurricane Ian has left many condominium and homeowners’ association communities with severe damage, many of which are uninhabitable, or, for those located on the barrier…

By: Christopher J. Shields, Esq. and Vanessa Fernandez, Esq. How many lawyers does it take to cut down a tree? A new bill amending Section 163.045 of the Florida Statutes recently made its way through the Florida legislature and is set to become effective July…

By: Vanessa Fernandez, Esq. and Christopher J. Shields, Esq. As you may be aware, the State of Florida is no longer under a state of emergency in response to the COVID-19 pandemic and Governor DeSantis has not given any indication that he will issue another….

By:  Alexander J. Menendez, Esq. You may have noticed that the world is reopening from COVID lockdown. With the proliferation of vaccines and falling infection and mortality rates, businesses and local governments are further scaling back restrictions and policies that have been the “new normal”…

By:  Christopher J. Shields, Esq. and Vanessa Fernandez, Esq. On June 16, 2021, Governor DeSantis approved the final version of Senate Bill 56: Community Association Assessment Notices (“SB 56”).[1] Accordingly, the changes provided therein will become effective on July 1, 2021. All Florida condominium associations,…

By:  Christopher L. Pope, Esq. and Vanessa Fernandez, Esq. The 2021 Florida legislative session produced several bills that made numerous changes to cooperative law (Chapter 719, Florida Statutes; the Cooperative Act) that will affect the operation of cooperatives across the State. Below is a summary…

By:  Christopher L. Pope, Esq. and Vanessa Fernandez, Esq. The 2021 Florida legislative session produced several bills that made numerous changes to cooperative law (Chapter 719, Florida Statutes; the Cooperative Act) that will affect the operation of cooperatives across the State. Below is a summary…

By:  Christopher L. Pope, Esq., Board Certified by the Florida Bar in both Construction Law and Condominium and Planned Development Law The 2021 Florida legislative session produced several bills that made numerous changes to condominium law (Chapter 718, Florida Statutes; the Condominium Act) that will…

By:  Christopher L. Pope, Esq., Board Certified by the Florida Bar in both Construction Law and Condominium and Planned Development Law The 2021 Florida legislative session produced several bills that made numerous changes to homeowners’ association law (Chapter 720, Florida Statutes; the Homeowners’ Association Act)…

By: Vanessa Fernandez, Esq. -and-Christopher J. Shields, Esq., Board Certified by the Florida Bar in both Real Estate Law andCondominium and Planned Development Law Executive Order 21-81:        On April 2, 2021 Governor DeSantis signed Executive Order 21-81 which dealt with vaccination documentation to be effective…

By: Christopher L. Pope, Esq., Board Certified by the Florida Bar in both Construction Law andCondominium and Planned Development Law-and-Christopher J. Shields, Esq., Board Certified by the Florida Bar in both Real Estate Law andCondominium and Planned Development Law Barely a week ago, on April…

By: Christopher L. Pope, Esq., Board Certified by the Florida Bar in both Construction Law and Condominium and Planned Development Law Most condominium Declarations require the unit owners to maintain, repair, and replace the windows to their unit (except when damage is caused by an…

By: Christopher J. Shields, Esq., Board Certified by the Florida Bar in both Real Estate and Condominium and Planned Development Law and Vanessa Fernandez, Esq. On Monday, March 29, 2021, Governor Ron DeSantis signed a bill into law that among other things, establishes liability protections…

By:  Christopher L. Pope, Esq., Board Certified by the Florida Bar in both Construction Law and Condominium and Planned Development Law The governing documents of condominium associations, which include the Declaration of Condominium, the Articles of Incorporation, the Bylaws, and any Rules and Regulations, are…

Attorney Charles Capps has been Appointed to the Condominium and Planned Development Law Certification Committee Attorney Christopher Pope Earns The Florida Bar Certification in Construction Law Construction Contracts: “An Ounce of Prevention is Worth a Pound of Cure” A Second Look at Conducting Community Association…

By:  Vanessa Fernandez, Esq. & Christopher J. Shields, Esq. Governor Ron DeSantis issued Executive Order 20-52 on March 9, 2020 declaring a state of emergency under Section 252.36 of the Florida Statutes relating to the outbreak of the novel coronavirus, SARS-CoV-2, and the disease caused…

A Primer for Conducting Community Association Meetings Via Remote Means Proper Payments: Don’t Pay Twice for Your Construction Projects What Does the Limited Extensions of Mortgage Foreclosure and Eviction Relief Mean for Community Associations? Emotional Support Animals – SB 1084: New Dog, Old Tricks Changing…

By:  Christopher J. Shields, Esq. & Vanessa Fernandez, Esq. As you are aware, Governor Ron DeSantis issued Executive Order 20-52 on March 9, 2020 declaring a state of emergency under Section 252.36 of the Florida Statutes relating to the outbreak of the novel coronavirus, SARS-CoV-2,…

By:  Christopher J. Shields, Esq. & Alexander J. Menendez, Esq. As Congress continues to mull over the 1,800 page HEROES Act that was passed by the House of Representatives on Friday, May 15th, a host of oversights have slipped through the cracks with very serious…

By:  Christopher J. Shields, Esq. & Vanessa Fernandez, Esq. As different municipalities throughout the State of Florida begin to re-open outdoor recreational areas to the public, many of our association clients have been reaching out to our office for advice on when and how to…

By: Christopher J. Shields, Esq. & Vanessa Fernandez, Esq. Many of our Association clients are reaching out to our office on a daily basis to determine what to do next in light of the recent outbreak of COVID-19 in the State of Florida. As the…

Lender Questionnaires, Estoppel Certificates, Transfer Fees And Resale Capital Contributions (Who Can Charge Whom, What, When And Where?) Tenants Have Vested Rights – Even After Foreclosure Website Accessibility – “Surf By” Lawsuits – A Growing Trend© An Overview Of Consideration For Community Associations That Want…

Pavese Law Firm Attorneys Earn The Florida Bar Board Certification in Condominium and Planned Development Law The Division Reverses its Position on Term Limits for Condominium Board Members Sex-Based Rules Violate the Fair Housing Act and Likely State Law Too New Decision: Torts-Traffic and Causation…

The New Law Which Imposes Term Limits for Condominium Board Members; What We Are Advising Our Condominium Clients At This Time Website Requirement for Certain Condominium Associations Effective January 1, 2019 New Law Requires Homeowners’ Associations’ Board of Directors to Consider Filing Notice of Preservation…

A recent amendment due to take effect on July 1, 2018, to Chapter 720, Florida’s Homeowners’ Association Act will now require amendments to rules and regulations made on or after July 1, 2018 to be recorded in the County’s Public Records in order to be…

An Overview of Recent Amendments to Florida Laws Affecting Condominiums and Homeowners Associations and What You Need to Know Legislative Changes to Florida’s Cooperative Statute – Effective July 1, 2018 The Property Appraiser’s Database and Mailing Addresses – What Do They Have in Common? State…

A Potpourri of Recent Condominium Arbitration Cases and Decisions Sexual Harassment Could Be 2017’s Hottest Topic The Towing of Vehicles Understanding the Unintended Impact of MRTA on HOA Governing Documents Holiday Decorating To view the full newsletter click here.

Citizens Property Insurance Corporation may be Florida’s insurer of last resort but it is not alone in adopting stricter policy provisions covering emergency repairs and further restricting what repairs are considered part of the casualty loss.  Click here to read more on this article.

What You Need to Know about Emergency Powers for Condominiums and HOA’s, respectively Emergency Order: Contractors Not Required to Subcontract with Roofing Contractors for Roof Repairs in FEMA Declared Disaster Area   CLICK HERE to read our Special Alert: Dealing with the Aftermath of Hurricane Irma September…

PLEASE NOTE:  The Amendments in this newsletter ONLY apply to condominium associations. Amendments Under House Bill 1237 Accomplished Little More Than Discouraging Service on the Board: Volunteer Officers and Directors Put On Notice of Potential for Criminal Prosecution Immunities Eroded Presumed Guilty Until Proven Innocent…

Florida’s New Estoppel Law: How It Will Impact Condominiums, Cooperatives and HOAs in Florida and What You Need to Know. To view the full newsletter click here.

Selective Enforcement and Waiver; Court Limits Their Use As a Valid Affirmative Defense 2017 Legal Updates: Election Dispute Medical Marijuana and the Workplace A Recall “Hole” in the Florida Statutes Homeowners Associations: An Election Procedure Pitfall To view the full newsletter click here.

Florida Supreme Court Says Each Default Resets the Foreclosure Suit Clock Community Association Subject to the Florida Consumer Collection Practices Act “Servicer” of a First Mortgage is Now Entitled to Claim “Safe Harbor” Retroactive Application of Amendments to Facilitate Condominium Terminations Held Unconstitutional Court Rules…

Avoid Pitfalls with Emergency Repairs Association’s Duty to Protect Residents with It’s Limited Ability to Deny Housing to Persons with Criminal Backgrounds 7 Day Deadline to Process Servicemember’s Rental Application Should your Association Post Alligator Warning Signs? Associations Must Do What They Can to Stop…

HUD Limits Association’s Ability to Deny Housing Based Upon the Applicant’s Criminal History Using Social Media for Association Purposes Community Associations Need to Pay Prompt Attention to Chapter 13 Bankruptcy Cases Service Animals in Places of Public Accommodation Casualty Loss Repair Responsibilities Often Surprise Condominium…

Questions & Answers on Fines and Suspensions for Homeowners’ Association Effective July 1, 2015 Advice for Managing Hoarding, Neglectful, or Elderly and Infirm Owners or Occupants Florida Law Restricts Use of Drones to Observe and Record Activities and Improvements on Privately Owned Land Is a…

FINANCIAL REPORTING Since the end of the calendar year is also the end of the fiscal year for many condominium and homeowners’ associations, it’s that time of year for associations to begin reviewing their financial reporting requirements so that they can timely complete their statutorily…

ELECTRONIC VOTING To view the full newsletter click here. Attachments: 61B-23.0021  Regular Elections; Vacancies Caused by Expiration of Term, Resignations, Death; Election Monitors 61B-23.00211  Electronic Voting    

Legislative Update (HB 791) Legislative Update (HB 643) Condominium Terminations Amend Your Documents If You Do Not Want To Honor An Exemption From The Duty To Pay For Assessments On Property Acquired Through Mortgage Foreclosure When Does An Association’s Failure To Provide Records Become “Willful”…

Security And Why We Advise Associations Not To Use The “S” Word Equity Is Back Golf Carts v. Low Speed Vehicles Is There A Group Home In Your Community’s Future? New Case Finds HOA Restrictions Not Extinguished By MRTA Emotional Support Animals – The Saga…

Community Association Managers (CAM) Can Be Sanctioned for Refusal to Turn Over the Association’s Official Records How Many Seats Are On The Board? Same-Sex Marriage In Florida – It Was Only A Matter Of Time Borrowing From Reserves Reserves Funds Distinct From Operating Budget Considering…

You might also profit from switching to simpler tools for the very same tasks, like opting for a very simple text file in lieu of a Word document. If you want it you might look at trying out the software with your present project and…

Date Published: 2009-06-01 Author: Christopher J. Shields Article Download: Summer 2009 Community Newsletter Part 1 – VOL. 20 NO. 8 – JUNE 2009 Legislative Update

Failure To Comply With Florida’s Construction Lien Law Can Result In Association Paying Twice For The Same Work Changing Property Management Companies?  Be Sure To Obtain Your Association’s Official Records Confidential Means Confidential Material Alterations Tidbit – Florida’s Minimum Wage Options For Speed Limit Enforcement…

Date Published: 2010-01-30 Author: Christopher J. Shields Click to View: Winter 2010 Case Law & Arbitration Update – Part 2

Warning to Condominium Associations, Homeowners Associations, and Cooperatives – On Accepting of Partial Payments To view the full article Click here.

Legislative Update – House Bill 807 Florida Condominium Act (Chapter 718) Homeowners’ Associations (HOAs) (Chapter 719) Cooperatives (Chapter 719) Senate Bill 440 – Clarifies That Certain Sections of Chapter 718 Apply to Residential Condominiums Senate Bill 7037 – New Statutory Notice Requirements and More House…

Chapter 558, Florida Statutes Resolving Construction Defects For Community Associations Civil Rights – Florida Supreme Court Rules Pregnancy Is A Protected Class Directors Are Well Insulated From Personal Liability But Should Make Sure They Are Also Entitled To A Defense In The Case Of A…

Written by Christopher J. Shields Mortgage Holders In Unincorporated Lee County Must Take Responsibility For Distressed Property Many Association Towing Practices Have Been Immobilized Board Recalls Recent Case Calls Into Question Association’s Ability to Prove Delinquency Bad Debts 55+ Housing For Older Persons Registration and…

Written by Christopher J. Shields Perhaps ‘Tis Not The Season for Accepting Gift Baskets Comfort Pets Year End Financial Reporting Changes Membership Directories:  What information can associations publish? An Arbitrator’s Decision Can Be “Arbitrary” Update on HOA Registration with Florida’s Department of Business and Professional…

Written by Christopher J. Shields To view the full newsletter, click here.

Written by Christopher J. Shields In a landmark decision, Florida Supreme Court decides in favor of HOA in construction defect case… To read about the case, click here.

Written by Christopher J. Shields Summer 2013 Legislative Updates… To read about these legislative updates, click here.

Unintended Consequences of Association Action in the Context of Violation Hearing The law of unintended consequences is an adage that actions of people and governments always have effects that are unanticipated and often undesirable. The law of unintended consequences is always at work and everywhere,…

Date Published: 2013-02-01 Author: Christopher J. Shields Does Adventura Change Anything? Click to view: Winter 2013 Community Law Newsletter – March 2013

Date Published: 2013-01-14 Author: Christopher J. Shields Click to View: Winter 2013 Community Law Newsletter – January 2013 Pavese Law Firm Welcomes Susan McLaughlin Court Rules In Favor of Association In Quiet Title Action Who is Responsible for the Maintenance and Expenses of Improvements to the…

Date Published: 2012-11-09 Author: Christopher J. Shields Click to View: Fall 2012 Community Law Newsletter – November 2012 Pre-Arbitration Notices Under F.S. 718.1255

Date Published:2012-07-11 Author: Christopher J. Shields Click to view: Summer 2012 Community Law Newsletter – July 2012 Special Training? Not Required.

Date Published: 2012-04-02 Author: Christopher J. Shields Article Download: Spring 2012 Community Newsletter – April 2012 Prohibiting New Owners From Leasing Units

Date Published: 2012-01-18 Author: Christopher J. Shields Article Download: Winter 2012 Community Law Newsletter Case Law and Rule Update

Date Published: 2011-06-08 Author: Christopher J. Shields Article Download: Summer 2011 Community Law Newsletter News Alert: Florida House Bill 1195 is Enacted and Becomes Law on July 1, 2011.

Date Published: 2010-07-21 Author: Christopher J. Shields Click to Download: Summer 2010 Community Newsletter Part 4 – July 2010 Collecting Rent From the Tenants of Delinquent Owners

Date Published: 2010-06-09 Author: Christopher J. Shields Click to Download: Summer 2010 Community Newsletter Part 3 – June 2010 Fines and Suspensions

Date Published: 2010-06-08 Author: Christopher J. Shields Click to Download: Summer 2010 Community Newsletter Part 2 – June 2010 Collecting Rent From the Tenants of Delinquent Owners

Date Published: 2010-06-03 Author: Christopher J. Shields Click to view: Summer 2010 Community Newsletter Part 1 Chapter 718 (Condominium Amendments)

Date Published: 2010-02-28 Author: Christopher J. Shields Click to View: Winter 2010 Community Law Newsletter Mortgage Foreclosure Delays

Date Published: 2009-12-29 Author: Christopher J. Shields Article Download: Winter 2009 Community Newsletter – VOL. 20 NO 9 – December 2009 Assigning Delinquent Accounts

Date Published: 2009-07-31 Author: Christopher J. Shields Article Download: Summer 2009 Community Newsletter Part 3 – July 2009 Real Estate Taxes Presumption of Correctness

Date Published: 2009-07-30 Author: Christopher J. Shields Article Download: Summer 2009 Community Newsletter Part 2 Mortgage Foreclosure Delays Material Alterations

Date Published: 2009-06-01 Author: Christopher J. Shields Article Download: Summer 2009 Community Newsletter Part 1 Legislative Update

Date Published: 2009-04-27 Author: Christopher J. Shields, Christina Harris Schwinn  Article Download: Spring 2009 Community Newsletter Vol. 20 No.7 April 2009 Bank Foreclosures and Unpaid Assessments Staggered Terms – Condominium Directors

Date Published: 2008-08-01 Author: Christopher J. Shields, Christina Harris Schwinn Article Download: Summer 2008 Community Newsletter – Part 2 2008 Legislative Update – Part 3 Deductibles Insurance Coverage Requirements Unit Owner Obligations Mortgage Consents

Date Published: 2008-06-19 Author: Christopher J. Shields, Christina Harris Schwinn Article Download: Summer 2008 Community Newsletter Part 2 2008 Legislative Update – Part 3 Deductibles Insurance Coverage Requirements Unit Owner Obligations Mortgage Consents