Congratulations on your recent election to your community association’s board of directors. Most likely, you scheduled or already attended your required director’s certification class. Certainly, your certification class was stimulating and covered important topics. However, unlike your certification class, this letter is not based on the law and probably more helpful in your day-to-day life as a new director (or incumbent). Following is a brief review of some observations I made during my twenty-plus years of representing community associations that most new and incumbent directors will find useful.
1. No Good Deed Goes Unpublished.
The maxim “no good deed goes unpublished” holds true for community association directors. Directors are elected to make both easy and difficult decisions for the community. Do not abstain from difficult votes or push difficult decisions down the road because these items only get worse over time. It is a dereliction of your duty to abstain from a decision solely because it is a tough decision to make. Although you may not have created the situation failing to act is failing as a director.
2. Favoritisim is Bad
Favoritism is Bad. Do not show favoritism. It is human nature to be kinder to those you know. In the context of a community association, this can get you, and the association sued. Although your friend who did not obtain prior approval for a standard paint color may not be a significant problem, the owner down the street wants his house purple also without approval is lurking. Playing favorites is a sure-fire way to a lawsuit and disastrous results as a director.
3. Avoid Populist Proposals.
Associations can only make decisions at a duly noticed and held Board meeting. Board members can request the placement of items of interest on a meeting’s agenda before it is posted. Having an item on the agenda allows for the particular item to be discussed and possibly voted on at a Board meeting. The Board is typically not allowed to vote on items that are not on the agenda. Non-agenda items can be discussed during a meeting’s “new business” portion and put on the next Board meeting agenda. As a director, I strongly suggest not reaching out to association members and rallying support for an item before bringing the matter properly before the Board to discuss. For example, rallying support from your neighbors for a clubhouse renovation before the Association has an opportunity to learn and inquire about the costs and other limitations is a waste of time and energy. Such efforts are premature, lead to a Board’s failure to act, and cause all those involved to get false hopes followed by bitterness about the lack of progress.
4. Know How and When to Contact the Attorney.
New Board members are expected to have questions. How you approach asking those questions will determine whether you will be an asset or distraction to your Association. The Association and its attorney should have a procedure for contacting the association’s attorney. Successful community associations utilize a legal liaison approach to save money (contact me for more details). Understand and work within this framework so you do not inadvertently incur attorney’s fees for legal opinions of no interest to the association as a whole. Engaging in personal “pet projects” is fine. Using your association’s resources to fund those projects without prior association approval is not.
Another big year for legislation impacting Florida’s community associations. Now is the time for associations to contact their attorneys for guidance. The following items will become law on July 1, 2021, unless vetoed by the Governor. Following is a summary of the highlights. For complete coverage, please click on the various links below to see the bill’s entire text:
Condominiums- SB 630 (available by clicking here):
1. **Collections have changed. See below for important information. Similar to homeowner associations. Condominium association collections require two forty-five-day notices from an attorney compared to the prior two thirty-day notices (SB 56available by clicking here).
2. Renters have the right to inspect and copy only the declaration of condominium, by-laws, and rules.
3. Requiring members to demonstrate any purpose or state any reason for a record inspection is prohibited.
4. Documents required to be posted on a website can be made available via a mobile application (applies only to condominiums with 150 or more units).
5. For condominiums with 150 or more units, instead of posting copies of certain required documents to a website, the association may make those documents available through an application on a mobile device.
6. Discriminatory restrictions in governing documents (e.g., restrictions pertaining to race, color, national origin, religion, gender, or disability) can be amended by the Board without the necessity of a vote by the members.
7. Board member term limits are clarified as beginning on or after July 1, 2018.
8. If condominium association policies do not allow for subrogation against an owner, an owner’s policy cannot allow for subrogation against an association. This bill may have unintended and expensive consequences in the form of higher insurance rates if association insurers cannot recoup losses against a negligent owner.
9. Bids have to be maintained by an association for only one year.
10. Transfer fee maximum amount is increased from $100.00 to $150.00 and will have a CPI adjustment every five years.
11. Recall disputes may go directly to court or arbitration, mediation is no longer an option.
12. Contracts with a service provider owned or operated by a board member (or other relatives with a financial relationship) are no longer prohibited.
13. Associations cannot prohibit the installation of a natural gas fuel station. However, the installation must comply with all federal, state, and local laws.
14. An association can install, operate and charge for an electric vehicle charging station or natural gas fuel station on the common elements or association property. The installation of an electric vehicle charging station or natural gas fuel station will not constitute a material alteration or substantial addition to the common elements or association property.
15. The Division now has jurisdiction to investigate complaints related to association records.
16. Fines are due five days after notice to the violator compared to five days after the Fining Committee approved the fine.
17. Based on the advice of emergency management officials, licensed professionals retained by the association or public health officials, the Board may limit entry or occupancy of any portion of the condominium or association property to protect the health, safety, and/or welfare of the members, tenants, guests, and invitees.
18. During an emergency, the Board may use heightened sanitation protocols and remove debris to mitigate the spread of fungus, mold, or a contagion. In addition, the Board may contract for services or items that assist with the mitigation of damage, further injury, or the spreading of a contagion.
19. Emergency powers are limited to only the amount of time reasonably necessary to protect the health, safety, and/or welfare of members, guests, and invitees, mitigate further damage or injury or make necessary repairs.
20. An association no longer has to wait for a problem to occur. Emergency powers can be used in response to anticipated damage or injury. The term “contagion” was added to the types of emergencies.
21. An association’s emergency powers cannot be used to prohibit owners, tenants, guests, agents, or their invitees from accessing a unit, common elements, and limited common elements if access is necessary to facilitate the sale, lease, or transfer of title to the unit.
22. In response to a records request, condominium associations must provide the owner a certified and itemized list of records produced.
23. Fourteen days’ notice is required for all member meeting notices unless other stated in the association’s by-laws.
24. Service provider conflict of interest provisions have been deleted.
25. Fines are due 5 (five) days after notice from the association.
26. Unpaid fines are no longer considered a type of financial delinquency that would bar an owner from becoming a candidate for a directorship (SB 1966, available by clicking here).
Homeowner Associations- SB 630 (available by clickinghere)
1. **Collections have changed. See below for important information.
2. Similar to condominium associations, amendments to homeowner association governing documents that prohibit or regulate rentals will apply only to owners acquiring title after the amendment is passed or to the existing owners that consent. Rental restrictions in a governing document amendment will not apply to owners that do not vote on the amendment or that vote no. Instead, the rental restrictions would apply only after the home is sold. A home transferred to an affiliated entity in which the beneficial ownership remains the same, or a home devised (transferred) through a will, does not give rise to the imposition of a rental restriction amendment. This new law does not apply to governing document amendments seeking to prohibit or regulate rentals for terms of less than six (6) months or seek to limit rentals to no more than three times a year. The new law also does not apply to a homeowners’ association with less than sixteen homes.
3. Records or other information obtained by a community association when a guest visits an owner or resident (security check at gated communities, etc.) are not accessible to members.
4. Rules & Regulations are no longer included in the definition of “governing documents.” The inclusion of Rules and Regulations in the definition was the reason homeowner associations started recording them. Considering the flip-flop nature of the legislature and that most Rules and Regulations have now been recorded, continuing to record new Rules and Regulations makes sense.
5. Sign-in sheets, ballots, voting proxies, and all other records pertaining to parcel owners’ voting must be maintained for one year after the vote.
6. If governing documents do not obligate the developer to create reserves, no reserves are accounted for in the budget, and the association is responsible for the repair and maintenance of
capital improvements for which a special assessment may be necessary, financial reports for the preceding year must contain disclosure language in conspicuous type.
7. Reserves are to be considered mandatory only if the governing documents obligated the developer to provide reserves or the reserve(s) are approved by a majority of the association’s total voting interests.
Applicable to both condominium and homeowner associations
1. **Collections SB 56 (available by clicking here):
An association may not require payment of attorney fees related to a past due assessment without first delivering a written notice of late assessment to the unit owner which specifies the amount owed to the association and provides the unit owner an opportunity to pay the amount owed without the assessment of attorney fees. The notice of late assessment must be sent by first-class United States mail to the unit owner at his or her last address as reflected in the association’s records and, if such address is not the unit address, must also be sent by first-class United States mail to the unit address. Notice is deemed to have been delivered upon mailing as required by this subsection. A rebuttable presumption that an association mailed a notice in accordance with this subsection is established if a board member, officer, or agent of the association, or a manager licensed under part VIII of chapter 346 468, provides a sworn affidavit attesting to such mailing. The notice must be in substantially the following form:
NOTICE OF LATE ASSESSMENT
RE: Unit …. of …(name of association)…
The following amounts are currently due on your account to …(name of association)…, and must be paid within 30 days of the date of this letter. This letter shall serve as the association’s notice of its intent to proceed with further collection action against your property no sooner than 30 days of the date of this letter, unless you pay in full the amounts set forth below:
Maintenance due …(dates)… $…..
Late fee, if applicable $…..
Interest through …(dates)…* $…..
TOTAL OUTSTANDING $…..
*Interest accrues at the rate of …. percent per annum.
2. Covid-19. SB 72 (available by clicking here). If community associations follow safety guidelines properly, they may be immune to COVID-19 related lawsuits. The hurdles for a plaintiff to prove a COVID-19 infection was the fault of an association are sharply increased.
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SB 630 unanimously passed both the House and Senate. A copy of the first engrossed version bill is available by clicking here. The bill will be sent to the Governor for signature and has an effective date of July 1, 2021.
There are also many other amendments to Florida law and newly drafted laws expected to be passed by the legislature that will impact Florida’s community associations. Check back here often for additional legislation as each one passes. When all of the legislation impacting community associations is passed in their final form, we will distribute a complete analysis of each new and amended Florida statute.
As The State of Florida emerges from the COVID-19 pandemic, the year 2020 will live on in infamy. During the past year of sadness, chaos, and hope many trends emerged that are likely to stay with us long after COVID-19 is gone. Some of these trends, such as increased communication and video conferencing, will be welcome. Other trends, such as the need for increased collection efforts and renewed leasing and sales restrictions, may not be as welcome. Following are the top ten most pressing issues for community associations in the new year.
1. ZOOM Meetings for Members. For most community associations, offering a video conferencing option for the members to participate in a Board meeting or count towards a quorum in member meetings after the emergency declarations are lifted will require the promulgation of well-drafted Rules. For some community associations, the more arduous process of amending the declaration or by-laws may be required.
2. ZOOM Meetings for Directors. In addition to members participating in board meetings via video conferencing, directors may want to participate via videoconferencing as well. Allowing directors to participate via video conference after the emergency declarations are lifted will require a thorough review of a community association’s governing documents. A quorum of the board attending board meetings via video conferencing after the emergency declaration subsides will most likely not survive a challenge.
3. Recording ZOOM Meetings. If a ZOOM meeting is recorded, the recording is an Official Record likely requiring the Association to make the recording available to others to watch for the next seven years. Deciding not to record video conference meetings inevitably causes the loss of evidence necessary to confirm a quorum if challenged. Consider establishing a video conference recording policy.
4. Mandating Vaccines for Common Area Access. Can a community association mandate proof of COVID-19 vaccination before allowing members or their guests access to common areas?
5. Working from Home or Running a Home-Based in Community Associations. The pandemic normalized working from home and in many instances newly laid-off workers are starting home-based businesses. Working from home is different from having a home-based business with pickup, deliveries, and the occasional customer. However, most governing documents do not recognize the difference between the two, rendering most existing work at home/ home-based business restrictions useless.
6. The Mass Yankee Migration, Leasing & Sales Restrictions. The pandemic amplified an already existing trend, more people are moving to Florida than ever before. Many community associations recently made an unsettling discovery, their leasing and sales restrictions enforced for years are either outdated or do not exist at all! Fair Housing Act complaints are brutally expensive and may not be covered by your community’s insurance. Check and validate your leasing and sales restrictions before it is too late.
7. Getting Involved in Neighbor v. Neighbor Disputes. As the pandemic raged, so did people’s tempers. Community associations that misunderstood their role and scope of authority are now finding themselves spending time and money handling neighbor v. neighbor disputes. To avoid unnecessary liability and the wasting of precious resources, community associations need to know “when to hold and when to fold em’”.
8. Increased Collection, Bankruptcies, and Foreclosures. The financial strain of the pandemic will be felt throughout community associations long after the pandemic is over. Many community associations have out-of-date collection policies. Other community associations improperly “follow their gut” or make up rules as they go. Community associations need to examine their collection policies now. Lawsuits over improper collection activity are expensive and damaging. Community associations can be compassionate, while at the same time avoid costly deficits.
9. Governing Document Enforcement. Many community associations were lax in enforcing their governing documents as the pandemic raged. Finding a kindly, gentler way to now enforce your governing documents before it is too late and your community’s restrictions are “waived” and lost forever is vital for many community associations.
10.Pets, Pets & More Pets. During the pandemic pet adoptions skyrocketed. Many community associations found themselves without the ability to limit pets and have no system in place to track pets. Other community associations improperly allow or deny emotional support animals leading to increased liability.
One thing is known for certain, community associations that act proactively will be better positioned to meet their obligations in the year 2021. Form a committee, gather the Board, and call your association’s attorney, the time is now to plan ahead.
The Alliance of Delray Residential Associations and Gerstin & Associates are pleased to announce a virtual board of directors certification course for both condominiums and HOAs will be held:
Date: January 14, 2021.
Time: 6 PM to 8 PM.
All attendees will be emailed a Certificate of Completion illustrating Florida’s certification requirement for new directors has been met.
To register, please email vinikoor@bellsouth.net or message Delray Alliance Exec. VP Lori Vinikoor at 561-715-1530.
Although the course is free, registration is required and is limited so please register now.
Finally, the Florida legislature passedSB1084 a bill regulating the out of control problem of Emotional Support Animals in Florida’s community associations. SB 1084 was signed into law by Governor DeSantis on July 1, 2020, and takes effect immediately. The new law provides for the following (a copy of SB 1084 can be found here)(a copy of this page in .pdf can be found here)
1. Amends Florida’s Fair Housing Act by prohibiting a housing provider, to the extent required by federal law, rule, or regulation, to deny housing to a person with a disability or a disability-related need who has an animal that is required as support. It defines emotional support
animal as an animal that is not required to be trained to assist a person with a disability but, by virtue of its presence, provides support to alleviate one or more identified symptoms or effects of a person’s disability.
2. The bill prohibits a housing provider from charging a person with an emotional support animal additional fees. It does allow a housing provider to prohibit the animal if it poses a direct threat to the safety, health, or property of others and to request written documentation that reasonably supports that the person has a disability. The supporting information may be provided by any federal, state, or local government agency, specified health care practitioners, telehealth providers, or out-of-state practitioners who have provided in-person care or services to the tenant on at least one occasion. If a person requests to keep more than one emotional support animal, the housing provider may request information regarding the specific need for each animal and may require proof of licensing and vaccination requirements for each animal.
3. The bill prohibits a housing provider to request information that discloses the diagnosis or severity of a person’s disability or any medical records relating to the disability. The housing provider is authorized to develop a routine process for reasonable accommodation requests relating to emotional support animals, but prohibits the denial of a request based only on a tenant’s failure to use a specific form or process.
4. The bill creates a new cause for disciplinary action against a health care practitioner’s license for providing supporting information for an emotional support animal, without personal knowledge of the patient’s disability or disability-related need. It also creates the misdemeanor crime of providing false or fraudulent emotional support animal information or documentation, and requires a convicted person to perform 30 hours of community service for an organization serving persons with disabilities, or another entity or organization the court determines
appropriate.
Hurricane season begins on June 1st and lasts 5 months, with storms typically peaking in August and September. Due to COVID-19, this hurricane season will be unlike all others. Properly preparing for this unique hurricane season could truly be a lifesaver. The following hurricane preparation checklist is a combination of over twenty years of community association legal experience and new COVID-19 precautions:
Things to do now:
COVID-19 Related Hurricane Checklist:
— Start stocking up on cleaning supplies now. Most stores have limited cleaning supplies or only allow a limited number of purchases. It is going to take a lot longer to obtain all the cleaning supplies you will need.
— An abundance of hand Sanitizer, soap, disinfectant spray, disinfectant wipes and face masks are the COVID-19 supplies your community association will need if a hurricane strikes.
— Plan for extended power outages (generator fuel, ice, flashlights, extra petty cash and installing a landline). Although FPL has been burying power lines and improving the electrical grid, additional workers will be needed to restore power after a hurricane. COVID-19 testing of these workers will cause delays and will limit the size of this additional workforce as infected workers are turned away.
— Purchase locks and non-electronic security equipment to keep buildings and common areas secure from vandalism or looting during an extended power outage.
— Go to the app store for your mobile phone and download the official FEMA app. A face-to-face meeting with an adjuster after a hurricane strikes is unlikely. FEMA has made available a phone app that can allow insurance companies to provide estimates without an in-person visit. When the app is running, it can take photos and measurements and gather additional information as you walk through your common areas.
— Confirm shelter locations, evacuation routes and remind residents to take their pets if they evacuate. Due to COVID-19 shelters and evacuation routes across Florida have changed. Officials are considering protocols for shelters that range from separating people based on temperature checks to non-congregated sheltering in hotels. Direct residents to https://www.cdc.gov/disasters/hurricanes/covid-19/public-disaster-shelter-during-covid.html for further information about staying virus free in a shelter.
— Establish a designated area that allows for social distancing where residents can meet for more information after the disaster.
— Inform residents in writing the extent of help the association will be providing (and not providing) during and after a hurricane. Urge your residents to begin their own preparation and evacuation plans.
— Update your contact list of owners, board members and staff. Ensure the list contains the correct contact information for seasonal residents. Print out the list and place it in a safe location (having it on your computer will do you no good when the power is out).
— Similar to the children’s game “telephone”, establish amongst the board of directors a chain of command for communications in the event a hurricane strikes. When a hurricane strikes, time should not be wasted by having to contact each board member or answer each board member’s non-emergency information inquiry.
— Update your vendor list, print it out and place it in a safe location (having it on your computer will do you no good when the power is out).
— Ensure your building’s plans and blueprints are in a safe location with easy access for first responders or insurance agents. Highlight shut-off valves, power-boxes, lift stations and debris staging areas.
— Service your association’s lift stations now to avoid sewage overflow if a hurricane strikes.
— Confirm all of your association’s data is being regularly backed up to the cloud or offsite.
— Copies of your association’s insurance policies, claims filing information and insurance agent’s contact information should be in paper form and secured in a safe location.
— Keep handy a list of all bank account numbers, branch locations and authorized association signatories. Have the board authorize an increased petty cash amount to be stowed away with your hurricane supplies. Credit cards, debit cards and computer checks will not be available if the power is out.
— Enter into contracts with vendors you will use during an emergency (water removal, debris cleanup repairs, etc.) to ensure they are available immediately after an “all clear” is given. Hurricane Irma struck during the same season a hurricane hit Puerto Rico and Texas. Many community associations were unable to secure vendors for the cleanup of debris and water because their vendor was assisting with other hurricanes.
— Pre-determine a staging area for debris and contract for debris dumpsters.
— Print out the instructions for updating the Association’s website and keep them in a safe location. Designated a member or director to provide frequent website updates regarding your association after a hurricane strikes. Off-site or seasonal residents will be searching for information and you do not want them contacting management if possible.
— Print out the instructions for updating the Association’s voicemail and keep them in a safe location. Residents and their loved ones will be calling for information and your association’s outgoing message on its voicemail is an effortless way to keep them updated.
— Make plans to shut down and secure clubhouses and other amenities, store furniture and to shutoff electric and water.
— Confirm all drainage areas and lines are working at full capacity.
— With proper socially distancing, establish a designated area within the association for posting hurricane-related updates.
— If you have a manned gate, make sure the attendants and the residents know at what point the attendants will be sent home and that the gates will be locked in the open position to provide emergency ingress and egress.
— Buy battery operated walkie-talkies and consider having a landline installed. Past hurricanes have taught us battery-operated walkie-talkies and a landline are the only communication methods that can be relied on if the power goes out.
— Stock up on and securely store gasoline, tarps, duct tape, sandbags, submersible water pumps, chain saws, water, flashlights, weather radio, batteries, and a video camera for documenting storm damage.
— Consult your elevator company on how to properly secure your association’s elevators.
— Ensure you have keys to each unit in your building.
— Have your Association’s trees trimmed, including the removal of all coconuts, seeds or potential hurricane “missiles”.
— Have all dead and dying trees removed. Consider waiting to replant any new trees until after the hurricane season. All new trees should be firmly staked and secured
— Identify residents who need special care and contact those owners and their families to determine if arrangements have been made for them. Remind all residents the elevators may need to be shut down or may not operate for an extended period due to a power outage.
— Inform residents in writing what to expect from the association before, during and after a hurricane strikes. Advise residents to communicate with friends and relatives elsewhere who will be concerned. Association offices oftentimes become overwhelmed after a storm with relatives calling from out of state to check on them. In the event of a mandatory evacuation, remind owners to keep all receipts related to additional living expenses, such as hotel accommodations and gasoline if an evacuation is mandated. These receipts may be reimbursable as part of an eventual insurance claim.
When a hurricane warning has been issued:
— Bring all objects inside that may be tossed about by wind or rain.
— Check all drainage areas and remove any debris that would restrict water flow.
— Lower the water in all pools, fountains and other water features.
— Shut down, close and securely lock all pools, water pumps (pools, fountains irrigation, etc.) and recreation areas.
— Videotape or photograph the building and all common areas with a date stamp to accurately document the property’s pre-storm condition for insurance purposes.
— Ensure all construction dumpsters are empty. If possible, arrange to have your regular dumpster emptied.
— Strategically place sandbags in areas where flooding is anticipated.
After the hurricane has passed:
— Stay calm, triage the association and focus only on life/safety issues.
— After the life safety issues are stabilized, focus on damage mitigation and recording the remediation work with photographs and video. Contact your vendors to come into the association to begin removing debris and items that are wet (drywall).
— Consider shadowing contractors and vendors as they inspect or work on individual units to avoid stolen property claims later.
— Continue documenting and recording the damage and remediation efforts for insurance purposes.
— In times of need, unscrupulous people always try to take advantage. Avoid vendors, contractors and third-party/private insurance adjusters soliciting your association’s business. If you have no choice, take the time to fully vet each one before signing anything.
— With the assistance of an attorney experienced in community association hurricane claims (joshua@gerstin.com), contact and file a claim with your association’s insurance carrier.
Both President Trump and Governor DeSantis invoked states of emergency and triggered the statutory emergency powers for Florida’s community associations. Found in Sections 718.1265, and 720.316 of the Florida Statutes, these emergency powers were enacted with hurricanes in mind. However, the statutes apply whenever a national or state emergency is declared. As such, these emergency powers can assist community associations in their fight against the spread of the Coronavirus. Below is the statute with certain parts highlighted in bold you may find useful for your community association. Although the statute set forth below is the version for condominium associations, an identical version applies to homeowner associations. As always, speak with your association’s attorney before implementing any of these statutory emergency powers and follow the most updated directives from your local health officials.
(1) To the extent allowed by law and unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent with the provisions of s. 617.0830, the board of administration, in response to damage caused by an event for which a state of emergency is declared pursuant to s. 252.36 in the locale in which the condominium is located, may, but is not required to, exercise the following powers:
(a) Conduct board meetings and membership meetings with notice given as is practicable. Such notice may be given in any practicable manner, including publication, radio, United States mail, the Internet, public service announcements, and conspicuous posting on the condominium property or any other means the board deems reasonable under the circumstances. Notice of board decisions may be communicated as provided in this paragraph.
(b) Cancel and reschedule any association meeting.
(c) Name as assistant officers persons who are not directors, which assistant officers shall have the same authority as the executive officers to whom they are assistants during the state of emergency to accommodate the incapacity or unavailability of any officer of the association.
(d) Relocate the association’s principal office or designate alternative principal offices.
(e) Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal.
(f)?Implement a disaster plan before or immediately following the event for which a state of emergency is declared which may include, but is not limited to, shutting down or off elevators; electricity; water, sewer, or security systems; or air conditioners.
(g) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the condominium property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.
(h)Require the evacuation of the condominium property in the event of a mandatory evacuation order in the locale in which the condominium is located. Should any unit owner or other occupant of a condominium fail or refuse to evacuate the condominium property where the board has required evacuation, the association shall be immune from liability or injury to persons or property arising from such failure or refusal.
(i) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the condominium property can be safely inhabited or occupied. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration.
(j) Mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property, even if the unit owner is obligated by the declaration or law to insure or replace those fixtures and to remove personal property from a unit.
(k) Contract, on behalf of any unit owner or owners, for items or services for which the owners are otherwise individually responsible, but which are necessary to prevent further damage to the condominium property. In such event, the unit owner or owners on whose behalf the board has contracted are responsible for reimbursing the association for the actual costs of the items or services, and the association may use its lien authority provided by s. 718.116 to enforce collection of the charges. Without limitation, such items or services may include the drying of units, the boarding of broken windows or doors, and the replacement of damaged air conditioners or air handlers to provide climate control in the units or other portions of the property.
(l) Regardless of any provision to the contrary and even if such authority does not specifically appear in the declaration of condominium, articles, or bylaws of the association, levy special assessments without a vote of the owners.
(m) Without unit owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient. This paragraph does not limit the general authority of the association to borrow money, subject to such restrictions as are contained in the declaration of condominium, articles, or bylaws of the association.
(2) The special powers authorized under subsection (1) shall be limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the unit owners and the unit owners’ family members, tenants, guests, agents, or invitees and shall be reasonably necessary to mitigate further damage and make emergency repairs.
Educational purposes only. Not meant for legal advice, please consult your attorney for legal advice.
Law enforcement officers in Florida are now allowed to park their work vehicles in any location other vehicles are allowed to park despite provisions in a community’s governing Documents to the contrary. The new law applies to Florida’s homeowner association, condominium associations and timeshares.
An important new notice released on January 28, 2020 from the United States Department of Housing and Urban Development provides new guidelines for dealing with Service and Support Animals. This notice explains certain obligations of housing providers under the Fair Housing Act (FHA) with respect to animals that individuals with disabilities may request as reasonable accommodations.
There are two sections to this notice. The first, “Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act,” recommends a set of best practices for complying with the FHA when assessing accommodation requests involving animals to assist housing providers and help them avoid violations of the FHA. The second section to this notice, “Guidance on Documenting an Individual’s Need for Assistance Animals in Housing,” provides guidance on information that an individual seeking a reasonable accommodation for an assistance animal may need to provide to a housing provider about his or her disability-related need for the requested accommodation, including supporting information from a health care professional.
Considering this notice replaces the previous HUD guidelines it is important for all of Florida’s community associations to check with their attorney immediately to ensure its practices and policies meet or exceed these new guidelines.
A copy of HUD’s New Notice and Guidelines for Dealing With Service and Support Animals can be download by clicking here: HUDAsstAnimalNC1-28-2020
