Articles Posted in Association Law

Some associations are unaware that they could be entitled to an exemption for the sales tax related to a major expense – utilities for common areas serving exclusively residential properties, including condominiums and homes in a homeowners’ association.  However, nonresidential uses are not exempt. Section 212.08(7)(j), Fla. Stat. provides an exemption for the sale of […]

In part one of this blog post, we covered the basics of condo terminations, dived into how they work, and promised that in part two we’d cover recent legal changes for terminations, which include restrictions on terminations, stricter voting requirements, and other changes. In 2007, the Florida legislature authorized an amendment to Florida Statute §718.117 allowing terminations of condos by […]

The Miami Herald published an article last year – “Real Estate Developers Ran Out of Waterfront Property. Now They Might Want to Buy Yours” – and the title says it all. This complicated process is called condominium termination. It’s difficult for real estate investors to find vacant waterfront development sites in Miami and Miami Beach. The last […]

We previously discussed in a prior blog post on Florida condo legislation that new requirements were established by the Florida Legislature pertaining to condominium association websites. These new requirements, which apply to all non-timeshare condominium associations with 150 or more units, require that the association must establish and maintain a website (if the association doesn’t already have one), and must […]

In 2017, extensive legislative changes were made to laws governing various condominium governance items, including board member recall procedures and association financial reporting laws. This year, several clarifications have been made to those (in some cases dramatic) changes. Board Recalls  2017 legislation upended the longstanding recall process, requiring immediate control in favor of the replacement board if […]

With the construction boom in full swing, more and more construction defect lawsuits are being filed on behalf of condominium associations because of countless construction defects that occurred during original construction. These construction defects are particularly prevalent in Miami where the unique real estate development market, weather, and shortage of skilled trade workers make it […]