Designating a Registered Agent for your Association is a requirement of Florida’s Not-For-Profit Corporation Law. If you do not designate a Registered Agent, your corporate status will be in jeopardy of being dissolved and your Association will lose all protection that is afforded you as a Not-For-Profit Corporation. So, what does that mean? You may have heard the phrase “piercing the corporate veil.” No Registered Agent? Consider your corporate veil torpedoed! Board Members and Officers may now be personally exposed to liability for matters that should be your Association’s responsibility and your personal assets could be at risk.
Heads up! Potential changes to MRTA incoming!
20 Dec 2017 inAlthough the next legislative session has not yet started as of the date of writing (note: starts January 9, 2018), bills affecting community associations are often filed months in advance of the start of the session. We are most closely monitoring, at this time, Senate Bill 266.
What's the Damage? Condominium Association Insurance and Hurricanes
28 Sep 2017 inIn light of recent hurricane and tornado damages, condominium association Board members have been lighting up our “switchboards” with questions relating to the association’s (and individual unit owners’) responsibilities for property damaged by storm events. The simple answer, in most cases, is found in reviewing Florida Statute 718.111(11), which provides condominium associations with guidance as to their insurance requirements. However, there is a bit of a story as to why the answer is generally statutory, and not driven by directly by the condominium association’s governing documents.
“The times…they are a-changin'…”
18 Sep 2017 inCondo Association Board Members may now face recall without the ability to arbitrate the recall process conducted by owners.
In early September, the Florida Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares and Mobile Homes, issued a Final Order of Dismissal in the recall arbitration case of Sunbrook Condominium Association, Inc. v. Unit Owners Voting For Recall. This particular case was the first test of the new changes to Section 718.112(2)(j), which severely limited the right of condominium association Board members to challenge recall efforts by unit owners.
"How can we stop Animal Abuse?"
09 Aug 2017 inFor most, our animals are treated just like children. They are beloved members of our family. Unfortunately, not everyone treats their animals in such a away. According to the Humane Society of the United States, the most common victims of animal abuse are dogs, cats, horses, and livestock.
I Volunteer!
01 May 2017 inVolunteers are the lifeblood of Florida Community Associations. The members of the Board of Directors and officers of Florida Community Associations, as Not-for-Profit Corporations, are, after all, volunteers. An Association must also depend on volunteers to serve on any committees (Architectural Review Committees, Social Committees, etc.) established by the Association. The Association must, however, be careful not to utilize volunteers for matters and tasks that should be performed by licensed professionals or other trained personnel.
Re-charging your Association!…what should an Association do about electric vehicles…
21 Apr 2017 inAs technology increases its influence on daily life, one cannot help but notice the increasing chatter about electric vehicles. While fully-electric vehicles and “plug-in hybrids” represent only a small fraction of the number of vehicles sold each year in the United States, nevertheless, it goes without saying that an association should anticipate a growing interest in this type of vehicle from its residents.
Alligators, Coyotes and Black Bears. Oh My! How Your Community’s Liability Is Changing
08 Feb 2017 inHere in Florida, we have plenty of wild animals to be concerned with: black bears, alligators, snakes, in some parts of the state, wild boar, crocodiles, and bobcats, and now becoming ever more common, even in urban areas, we have coyotes. Recent trends in the law are seemingly increasing the risk of liability to community association for the acts of wild animals.
Use of Terms and Conditions in Purchase Agreements
25 Jan 2017 inAttorneys and REALTOR®s have sought to produce standardize contracts for the sale and purchase of real estate ever since I can remember. I have personally witnessed the evolution of these contracts over the past forty (40)+ years.
Choose your own adventure! How your HOA may be conducting its annual elections improperly…
10 Jan 2017 inAround this time every year, most of our Homeowners Association (HOA) clients are readying themselves for their annual meeting, including the election of the next year’s Board members. Under current Florida law, there is minimal statutory guidance for Homeowners Associations as to how an HOA is required to conduct their election of Board members. This stands in stark contrast to the rules governing the election of Board members in a condominium association, which are heavily regulated by statute, as well as state administrative agencies. For most HOAs, the association is simply to follow the election requirements as set forth in the association’s governing documents, within minimal statutory guidelines.