Articles Posted in Condo Law

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 […]

The current Geographic Targeting Order (GTO), issued by the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury, is set to expire this Friday, November 16, 2018.  In essence, the GTO provides that when a buyer uses a corporate entity (such as an LLC) for cash purchases of residential real estate […]

In this third blog post in a series providing 2018 legislative updates, we discuss legislative changes clarifying condominium conflict of interest statutes. Parts one and two of this series addressed record keeping of condominium associations, material alteration requirements, and material alterations as they relate to electric vehicle owners. CONFLICT OF INTEREST UPDATES AND CLARIFICATIONS Effective July 1, 2018, HB […]

In this second blog post in a series providing 2018 legislative updates, we discuss legislative changes affecting material alteration requirements and material alterations as they relate to electric vehicle owners. HB 841, which became effective on July 1, 2018, has various profound impacts affecting both areas. Find part one of this series here. General Material Alteration Guidelines The term […]

Under Chapter 558 of the Florida Statutes, claimants such as homeowners, HOAs, and condominium associations that have sustained property damage resulting from construction defects are required to participate in a pre-suit dispute resolution process. From a practical standpoint, construction disputes rarely reach a resolution in the pre-suit stages, as contractors and subcontractors struggle to obtain […]