Florida Condominium Law Blog



Is Time Running Out on Your Association’s Covenants and Restrictions? How to Preserve your Covenants and Restrictions under Florida Law

The Florida Marketable Record Title to Property Act (“MRTA”) can operate to extinguish interests in real property that were recorded prior to the “root of title” to a property.  In Florida, the root of title must be established by a … Read Full Post

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Has Time Already Run Out on Your Association’s Covenants and Restrictions? How to revive your HOA Covenants under Florida Law

If the Covenants and Restrictions for your Homeowners’ Association were recorded in the public records more than 30 years ago, they may no longer be enforceable against some or all of the properties within your community.  Unenforceable covenants create a myriad of problems, including an inability to collect association assessments and an inability to enforce aesthetic covenants that enhance property values within the community. Read Full Post

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Condominium Development: Condominium Prospectus Requirements in Florida

Florida’s condominium market has gained strength in the past five years; traditional sales are up, and prices are rising.  In Northeast Florida, Condominiums and Townhomes spent an average of 11 fewer days on the market than single-family detached homes.  As … Read Full Post

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When your HOA forces you to leave you garage door open all day: Lessons for smart association governance

A seemingly whimsical story out of California offers Florida community association boards a valuable lesson in being vigilant in enforcing the covenants of the association’s declaration and making thoughtful, considered decisions. Read Full Post

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Do Voluntary Civic Associations Have Authority to Enforce Their Covenants and Restrictions Over Real Property?

Don’t let the terms “voluntary association” or “civic association” cause confusion or lead your association to believe that it is unenforceable & powerless. Read Full Post

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Can Community Associations Ban Smoking in Common Elements, Limited Common Elements and Units?

Smoking is not as popular as it used to be.  It’s now perceived as more of a nuisance than it is hip.  Due to health issues and medical concerns, many private establishments enforce rules against smoking.  In fact, state law … Read Full Post

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FEMA Hold On, They Aren’t Going for the Home

For community associations, when an owner goes into foreclosure, the best-case scenario is that the bank or mortgagee moves the property swiftly through the foreclosure process, and a new owner then takes possession and begins paying the assessments as they … Read Full Post

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Are E-Mails Considered Official Records for Florida’s Community Associations?

Florida’s community associations, including condominiums and homeowners associations, are required to keep and maintain its official records.  See Fla. Stat. § 718.111(12); Fla. Stat. § 720.303(4).  Upon request, those official records are to be made available to all members at … Read Full Post

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Quick Tips for Association Board Members: The Four B’s of Writing Minutes for Board Meetings

The minutes of any meeting of the Board of Directors for a Condominium Association or a Homeowners’ Association are public records per Florida law.  The minutes are required to be kept for 7 years.  Fla. Stat. 718.111(12); Fla. Stat. 720.303(4).  … Read Full Post

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Paying for Emergency Repairs to Florida Condominiums

Florida is synonymous with condominium living as a way of life. It’s also synonymous with hurricanes. Hurricanes have largely shaped Florida’s construction industry in that the building code is shaped and modeled after the construction of structure that can withstand … Read Full Post

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