Condominium associations offer their residents many perks not found in neighborhoods with single family homes, including shared maintenance expenses and various amenities. However, the close proximity of neighbors to one another often leads to issues when one owner’s conduct interferes with another’s enjoyment of their space. Behavioral issues and nuisance...

Condominium and homeowner association assessments, or maintenance fees, are the lifeblood of any community association. These assessments, whether collected monthly, quarterly, or annually fund the association’s operations and ensure it is well maintained, beautiful, and financially secure. When owners cease paying assessments, the burden falls on the association to make...

Architectural Review Committees (ARC) support homeowner associations (HOA) in their efforts to retain value and aesthetic charm by enforcing community restrictions. While Florida Statutes and many HOA Declarations of Covenants and Restrictions (Declaration) provide for architectural review prior to homeowner property modifications, the ARC is only as effective as its...

Florida Statute imposes special obligations upon condominium associations to protect the community. To prevent inconsistencies and avoid unnecessary liability, Boards of Directors must consider their hurricane protection policies and adopt appropriate guidelines and standards. According to Fla. Stat. § 718.113(5), every residential condominium association is required to adopt hurricane shutter...

Florida Homeowner Associations (HOA) risk becoming unenforceable if specific steps are not taken in accordance with the Marketable Record Title to Property Act (MRTA). Under Chapter 712 of Florida Statutes, an HOA’s restrictions will expire approximately 30 years from the date the documents were recorded in the public records of...