The Founding Fathers anticipated that the United States Constitution would need to adapt to changing preferences of the nation as the country grew and established itself. An association’s declaration of covenants is akin to the community’s constitution. The association’s declaration, by-laws, and articles constitute the governing documents. Like the U.S. Constitution,...

We are living in unprecedented times. The novel coronavirus, COVID-19, is real and it is dangerous. President Donald Trump and Florida Governor Ron DeSantis have declared national and state emergencies to better manage and coordinate the crisis response. Community associations, and in particular condominium associations, must...

In Tankel Law Group’s previous blog post, ‘Community Association Coronavirus Response Measures,’ we recommended condominium and homeowner associations utilize the emergency powers offered by Florida Statute § 718.1266 and § 720.316. We noted the emergency powers provisions were...

Special assessments are a necessary yet unpopular facet of life in any community association, though they tend to be more prevalent in condominium associations. A special assessment is an assessment levied over and above an association’s annual budget that an owner must pay in addition to their regular assessments. Florida law gives great latitude...

Condominium and homeowner associations are often eager to monitor and screen prospective tenants in their communities. The screening process typically requires submission of an application with information necessary to conduct background and credit checks...

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...