Several years ago, a few Homeowners Associations, located in south Florida, brought legal actions against Association members, one of whom was a veteran, to prohibit the flying of United States flags on the homeowner’s/veteran’s property.

Mediation can be a game-changing event in the course of a legal dispute. It can take place at any stage of the dispute, but is frequently required before certain actions can be taken. For example, it must be offered pre-suit in certain Florida Homeowners Association disputes (F.S. § 720.311), within 120 days after a medical negligence lawsuit is filed (F.S. § 766.108), and pre-trial in most Florida civil lawsuits. While uncommon, it can even be held post-judgment (e.g., to clarify how, or whether, the losing party in litigation must comply with the judgment).

Unfortunately, the risks to associations continue to escalate. As many of you are aware, associations often can be at risk for violations of the Fair Housing Act, as well as the Americans with Disabilities Act (ADA). One of the issues that seems to be emerging deals with the risk associated with associations’ websites failing to be ADA compliant.

Installing security cameras at community entrances, or elsewhere within the community, may sound like an excellent idea – it could deter nefarious acts, assist in determining who is causing problems, and create evidence of bad acts. Community association directors may, however, be unaware that it could also increase the association’s risk.

If you are like most Americans at this moment, voting is at the top of your mind. While most local governments have not instituted electronic or online voting for governmental elections, Florida law does allow community associations, specifically including condominiums and homeowners associations, to conduct their elections for Board members by way of electronic means. However, in much the same way as we are seeing on a governmental level, moving from voting by an in-person or paper ballot system, even for associations, brings its own host of challenges.

Countless communities within the State of Florida have private roads and are gated. This often leads to the owners, the residents, the association and, in fact, the directors believing that the association is actively providing “security”. Unfortunately, all too often, the association is only providing gate access “control”. WHY IS THIS IMPORTANT? Please appreciate that if the association purports to provide security (and/or has led the residents to believe that it is providing security), ostensibly, the association may have a duty to reasonably do so. This, unfortunately, puts the association at risk. In fact, successful suit(s) against association(s) have resulted in verdict(s) in the millions of dollars.

Clayton & McCulloh has closely monitored Florida Governor Ron DeSantis’ mortgage foreclosure and eviction moratorium via Executive Orders beginning with No. 20-94. See, e.g., What the Heck is Going On with Florida Foreclosures?! and Limited Extension of Mortgage Foreclosure and Eviction Relief. The most recent extension – pursuant to EO 20-211 - expired at 12:01 a.m. on October 1, 2020, so for the first time since April 2, 2020, no Florida-imposed moratorium precludes a lender from proceeding with a foreclosure action, or a landlord from proceeding with an eviction action, for non-payment. However, that does not necessarily mean a sudden landlord/lender free-for-all has arrived.