First and foremost, I hope that this post finds you, your family and loved ones doing well.  The purpose of this post is to discuss COVID-19, the public health emergency also known as the coronavirus, that is significantly impacting our everyday lives.  Below, please find some frequently asked questions and answers that are likely pertinent to your community association.

1. What is COVID-19? COVID-19 is an infectious disease that causes respiratory illness, such as cough, fever, and difficulty breathing.  It spreads primarily through contact with an infected person when they cough or sneeze.  It also spreads when a person touches a surface or object that has the virus on it, and then touches their eyes, nose or mouth.
2. Is COVID-19 a pandemic? Yes, on March 11, 2020 the World Health Organization declared COVID-19 a pandemic.
3. Is Florida under a State of Emergency? Yes, on March 9, 2020 Governor DeSantis issued Executive Order 20-52, declaring a State of Emergency for COVID-19.
4. What are a few valuable resources for COVID-19 information? The following websites have very valuable information on the coronavirus:
   1. World Health Organization – who.int/emergencies/diseases/novel-coronavirus-2019
   2. Centers for Disease Control and Prevention – cdc.gov
   3. Florida Department of Health – floridahealth.gov; 24 hours a day, 7 days a week hotline at (866) 779-6121.
5. Should our community association practice social distancing?   The CDC recommendations social distancing and avoiding groups of 10 or more people.  This guideline has recently been extended to April 30, 2020 and is certainly subject to further extension.  Please see below regarding how to handle members’ meetings, Board Meetings and Architectural Meetings.
6. Can my community association close common area/common element amenities? Yes, to promote the health, safety and welfare of the community, your association can close its pool, gym, movie room, etc.  Moreover, in my opinion, your association can cancel previously scheduled social events.  Many insurance companies have issued an opinion that the Association could be liable for breach of its fiduciary obligations if it has knowledge that its facilities are being used as places of social gatherings and it takes no action to deter gatherings per the recommendations of the CDC and local Stay at Home Orders.
7. Can my community association proceed with the collection of assessments? Yes, assessments are the backbone of your community, as you certainly need money to operate your association.  You can proceed with the collection of assessments and evaluate each account on a case-by-case basis.  For example, you may decide to waive interest or late fees, or offer a delinquent owner a payment plan.  You should not assume that all Owners are unable to pay, and you do not want to inadvertently create a waiver issue for collections.  Instead, continue to send notices if non-payment occurs and handle settlement requests on a case-by-case basis.
8. Can my community association proceed with covenant enforcement? Yes, you may proceed with covenant enforcement for properties that are in violation of the association’s covenants and restrictions.  Again, you should evaluate each account on a case-by-case basis and exercise reasonableness while working with owners to bring their property into compliance.
9. Can my community association cancel board and/or member meetings?   In order to comply with CDC guidelines on social distancing, you may cancel/postpone meetings.  It is recommended that all members meetings be postponed during Florida’s State of Emergency in order to comply with CDC guidelines.  Even if you were in the midst of an election, you may postpone your election, have the existing Board continue to serve, and resend notices after Florida’s State of Emergency is lifted.
10. If my Board wishes to proceed with Board Meetings and/or Architectural Meetings, can we do so telephonically? Yes, you may conduct Board Meeting and Architectural Review Board (ARB) Meetings telephonically as long as members can call or log-in via the same method as the Board and can clearly hear the discussion taking place.  Moreover, members should be able to ask questions when appropriate.  Under Florida’s current State of Emergency, emergency meetings of the Board do not have to be noticed.  However, non-emergency Board Meetings and ARB Meetings should be posted, and members should have the ability to join and listen to the call.

Obviously, this is an unprecedented and scary time.  One of the Board’s many important tasks is to protect the health, safety and welfare of the community.  The COVID-19 pandemic is a fluid situation, with information and guidelines changing almost daily.  We are here to help you and your community through this difficult time.  Please do not hesitate to contact our office with further questions.  Stay safe!

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 an association has in this type of situation.

Fortunately, both Chapter 718, Florida Statutes (which governs condominium associations) and Chapter 720, Florida Statutes (which governs homeowners’ association) provide a few options.

Suspension of Use Rights

With regards to suspension of common area/element use rights, Section 718.303(4) states, “If a unit owner is more than 90 days delinquent in paying a fee, fine, or other monetary obligation due to the association, the association may suspend the right of the unit owner or the unit’s occupant, licensee, or invitee to use common elements, common facilities, or any other association property until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators.”

Likewise, Section 720.305(3), Florida Statutes states, “If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due to the association, the association may suspend the rights of the member, or the member’s tenant, guest, or invitee, to use common areas and facilities until the fee, fine, or other monetary obligation is paid in full.”

As you can see, both condominium and homeowners’ associations can suspend common area/element use rights if an owner is more than 90 days delinquent in paying a monetary obligation to the association.

Suspension of Voting Rights

Moreover, pertaining to the suspension of voting rights, Section 718.303(5) reads, “An association may suspend the voting rights of a unit owner or member due to nonpayment of any fee, fine, or other monetary obligation due to the association which is more than $1,000 and more than 90 days delinquent. Proof of such obligation must be provided to the unit owner or member 30 days before such suspension takes effect.”

On the other hand, Section 720.305(4), Florida Statutes states, “An association may suspend the voting rights of a parcel or member for the nonpayment of any fee, fine, or other monetary obligation due to the association that is more than 90 days delinquent.”

While both condominium and homeowners’ associations can suspend voting rights, there is a slight difference in the criteria.

Ultimately, the outcome is the same.  A voting interest associated to an owner who has been suspended by the association shall be subtracted from the total number of voting interests in the association.

Remember, proper notice of the above-referenced suspensions must be provided to owners.  So, if you have any questions or need any assistance, please do not hesitate to contact Martell & Ozim, P.A. at 407-377-0890.

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.

Effective July 1, 2018, Section 718.113(8) states, in part, as follows:

(8)  The Legislature finds that the use of electric vehicles conserves and protects the state’s environmental resources, provides significant economic savings to drivers, and serves an important government interest.  The participation of condominium associations is essential to the state’s efforts to conserve and protect the state’s environmental resources and provide economic savings to drivers.  Therefore, the installation of an electric vehicle charging station shall be governed as follows:

(a)       A declaration of condominium or restrictive covenant may not prohibit or be enforced so as to prohibit any unit owner from installing an electric vehicle charging station within the boundaries of the unit owner’s limited common element parking area…

damage to the condominium property.

(c)        The electricity for the electric vehicle charging station must be separately metered and payable by the unit owner installing such charging station.

(d)       The unit owner who is installing an electric vehicle charging station is responsible for the costs of installation, operation, maintenance, and repair, including, but not limited to, hazard and liability insurance.  The association may enforce payment of such costs pursuant to s. 718.116.

(e)        If the unit owner or his or her successor decides there is no longer a need for the electric vehicle charging station, such person is responsible for the cost of removal of the electronic vehicle charging station.  The association may enforce payment of such costs pursuant to s. 718.116.

Florida Statutes requires condominium associations to permit installation of electronic vehicle charging stations in “limited common element” parking areas assigned to individual unit owners.   Condominium associations are not required to permit installation of electronic vehicle charging stations in condominium common elements or other portions of the condominium property that are maintained for the use and benefit of all unit owners.

If parking spaces are “limited common elements” within the meaning of the condominium’s governing documents, then the condominium association must permit installation of electric vehicle charging stations subject to certain conditions.  For example, the association should require the charging station to be located entirely within the boundaries of the unit owner’s limited common element parking area so that it does not interfere with any other unit owner’s use and enjoyment of the condominium common elements.  Additionally, any unit who desires to install an electric vehicle charging station must pay all costs and expenses associated with the installation, operation, and maintenance of the charging station.  Moreover, the condominium association should confirm that the unit owner operating an electric vehicle charging station to obtained adequate insurance to protect the condominium association from any liability that may arise out of, or relate to, the unit owner’s operation of the charging station.

If your condominium association includes limited common element parking areas, it should consider adopting reasonable rules and regulations governing the installation of electric vehicle charging station in parking areas.  Please contact Martell & Ozim, P.A. if your condominium association has any questions regarding electric vehicle charging stations or if you would like assistance adopting rules and regulations.

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 into an assessment.

As you’ll recall, a condominium association’s fine cannot exceed $1,000.00 and cannot become a lien against a Unit. Thus, a condominium association’s fine cannot be converted into an assessment and placed on the Owner’s account ledger.

Conversely, a homeowner association’s fine can become a lien against the Lot if the fine is at least $1,000.00 in the aggregate and depending on your governing documents the fine may be able to exceed $1,000.00. Because Florida Statutes provide that homeowners’ association fines may be converted to liens, the Association may move forward with such actions so long as the Association properly converts the fine to an assessment. Once the conversion is complete, the Association can add the assessment to the overall account ledger for the Owner. Therefore, if a fine is unpaid, the Board should hold a meeting to levy an assessment against the Owner for the amount of the fine.

It is important to emphasize that you may only convert a fine to an assessment if it equals or, if your governing documents permit, exceeds $1,000.00 per violation. Please note that you may not combine two (2) separate violations to reach the $1,000.00 minimum requirement to lien for the fine.

Pursuant to Section 720.303(2)(c)2, Florida Statutes, the Board of Directors must provide the fined homeowner at least fourteen (14) days advanced written notice of the Board Meeting at which the homeowner’s fine will be converted into an assessment. The written notice must also include a statement informing the homeowner that the Board will consider assessing the homeowner for the fine at the Board Meeting.

Always confer with your legal counsel to make sure your following all of the appropriate steps contained in your Governing Documents and Florida Statutes.  Our Firm recommends that both condominium and homeowners’ associations have a written fining policy in place, thoroughly outlining the fining process, including issuing a fine and subsequently converting the fine into an assessment.

Please stay tuned for more condominium and homeowners’ associations content.  As always, please do not hesitate to contact our Firm for any of your community association needs.