It’s extremely frustrating when an owner fails to pay their assessments. After all, the collection of assessments is the backbone of all condominium and homeowners’ associations. It doesn’t matter if your association is new or old, small or large, gated or non-gated, full of amenities or not. Each and every community association requires money to […]
You’ve likely been there before. An owner is delinquent in the payment of a monetary obligation to your condominium and/or homeowners’ association, but that owner is still enjoying the common area/element amenities, such as the pool, gym, clubhouse, etc. and voting in association-related matters. That’s certainly frustrating and our Firm is often asked what recourse […]
For everyone who calls beautiful Central Florida home, hurricanes and other dangerous storms are a reality that we must respect and adequately prepare for this time of year. As a reminder, hurricane season officially ranges from June 1st through November 30th and the purpose of this article is to help our condominium and homeowners’ associations […]
Protecting Florida’s environmental resources through conservation and promotion of clean energy is an absolute necessity. Last year, Section 718.113, Florida Statutes, added a new subsection providing that a condominium association may not prohibit a unit owner from installing an electronic vehicle charging station in a limited common element parking area assigned to a unit owner. […]
Upon retaining our Firm as legal counsel, many of our clients, specifically homeowner’s association, quickly ask for an explanation regarding the covenant enforcement process. This article helps explain how Martell & Ozim, P.A. approaches covenant enforcement for our homeowner’s association clients. The covenant enforcement process begins with inspecting the Community. Typically, your management company will […]
The collection of assessments is the backbone of all condominium and homeowners’ associations. It doesn’t matter if your association is new or old, small or large, gated or non-gated, full of amenities or not. Each and every association requires money to operate and, for the most part, that money comes from the members timely paying […]
Many of our clients, both condominium and homeowners’ associations alike, often ask about the proper procedures for issuing and collecting a fine. In our previous blog post titled “Fining Procedures – Issuing a Fine” we discussed how both condominiums and homeowners’ associations properly issue a fine. This blog post will focus on converting a fine […]
Many of our clients, both condominium and homeowners’ associations alike, often ask about the proper procedures for issuing and collecting a fine. Section 720.305, Florida Statutes, which governs homeowners’ associations, states as follows: The association may levy reasonable fines. A fine may not exceed $100 per violation against any member or any member’s tenant, guest, […]
Your homeowners’ association may be managed by a management company, which handles many of the day-to-day responsibilities. If necessary, your management company may need to obtain the help/guidance of the homeowners’ association’s legal counsel to provide legal opinions, collect past due assessments, amend/revise the Association’s governing documents, etc.
A homeowners’ association has a set of governing documents, starting with an Association’s Declaration of Covenants, Conditions and Restrictions. For a lack of a better way to describe it, the Declaration is like the U.S. Constitution and governs what a homeowner may, may not, or must do with his/her property located within a homeowners’ association. […]