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Summary of New Condo Association Laws in Effect As of July 1, 2018
There are several new laws that will impact Florida Condominium Associations as of July 1, 2018. Below is a summary of new laws, provided to us by Richard D. DeBoest II, Esq, co-founder and shareholder of the Law Firm of Goede, Adamcyzk, DeBoest & Cross, PLLC: Official Records – 718.111(12)(b)/HB841. Plans, permits, warranties, declaration, articles, bylaws, rules. meeting minutes and accounting records from the inception of the association must now be kept forever. Chapter 718 previously required these documents to be kept for only 7 years. All other records must still be kept for 7 years with exception of ballots, proxies and related voting material that only needs to be kept for 1 year. Access to Official Records – 718.111(12)(b)/HB841. Access to official records must be made available within 10 “working” days. Formerly it was 5 working days but since the penalty did not arise until after 10 working days
Condo Associations and the Struggle with Airbnb and Short-Term Rentals
Home-sharing incidents have increased significantly in recent years due to the popularity of websites such as Airbnb.com. For a small fee, these websites connect homeowners with people who want to find a place to stay for one night at a time. Homeowners rent their entire apartment or even a single bedroom therein, for a profit. However, conflicts arise when a homeowner is the owner of a condominium unit because the unit owner’s decision to rent out the unit may not be permitted under the condominium bylaws. The rise of Airbnb.com has raised significant concerns for condominiums for a number of reasons including the issue of safety. When a condominium is rented, the renter gains access to facilities such as common areas. The Airbnb.com renters are not responsible for maintenance fees, and may misuse equipment or take advantage of amenities reserved for homeowners. Another issue is whether a transient renter is
Property Insurance Claim Denied? Try, Try Again
ARTICLE CONTRIBUTOR Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A. Article authored by: B. Michael Clark, Jr. and Susan C. Odess May 29, 2018 After Hurricane Irma made landfall in Florida last year, many property owners were surprised at how unfamiliar they were with the property insurance claim process — mainly because of Florida’s remarkable hurricane-free streak. However, the 2017 Atlantic hurricane season marked the end of that winning stretch, catapulting many Floridians who experienced property damage into insurance claim purgatory. By now, community associations, business owners and homeowners who filed a claim relating to Hurricane Irma damage should have heard back from their insurer as to whether their claim was denied, determined to be under the deductible or fully covered. For many policyholders, their insurer’s coverage decision came back as a disappointing slap in the face, leaving them as discouraged as they felt after receiving the
Protecting Your Florida Home: Tips for Snowbirds and Summer Travelers
Whether you are a snowbird heading north in order to avoid Florida’s brutal summer heat or a family getting ready to travel for the summer, there are ways you will want to safeguard your residence before taking off. Florida’s near-tropical summer climate makes humidity control, flood protection and mold and mildew prevention three areas of concern for every absentee homeowner – whether you are gone for the season or just a month or two. If you are a part-time Floridian or a hardcore summer traveler, here are some important home closing procedures to help you protect your property. Monitor Your Electricity and Water Bills for Unusual Variances Monitor your usage while you are away and check for any unusual changes in energy usage. For example, a variance in your electric bill could indicate an appliance or A/C malfunction. Humidity Summer in Florida means oppressive heat and very high levels of
Residents May Be Able to Recover Special Assessments Levied Post-Storm
Last year, after Hurricane Irma came and went, many Community Associations were looking at cleanup and repair costs that exceeded their expectations – and budgets. How do Associations pay for storm damages and repair bills when they come due? There are basically three ways to pay these bills: Borrow from the bank, raise the regular assessments in the coming years’ budget, or levy special assessments. Most Associations don’t want to pay bank interest unless necessary, and they also don’t want to raise regular assessments that much from year to year, so the most frequently chosen method used to fund these unforeseen expenses is through levying special assessments. Post 2005 (Hurricane Wilma), the Florida State Legislature enacted broad emergency powers for Community Association boards to use after hurricanes to address these types of issues. For Condominium Associations, it is Section 718.1256, Florida Statutes; and for Homeowners Associations, it is Section 720.316,