Blog Elements – Page 3 – Homeowner and Condo Association Law Firm in Florida

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Can Florida condominium owners install electric vehicle charging stations?!

May 24, 2019/in FAQs, News /by martellandozim

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. […]

Enforcement of Covenants

April 1, 2019/in Uncategorized /by martellandozim

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 […]

Can Florida condominium owners install electric vehicle charging stations?!

May 24, 2019/in FAQs, News /by martellandozim

Enforcement of Covenants

April 1, 2019/in Uncategorized /by martellandozim

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Can Florida condominium owners install electric vehicle charging stations?!

May 24, 2019/in FAQs, News /by martellandozim

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.

Enforcement of Covenants

April 1, 2019/in Uncategorized /by martellandozim

The covenant enforcement process begins with inspecting the Community. Typically, your management company will send violation letters to the Owner regarding the observed violations in an attempt to resolve the matter prior to our Law Firm’s involvement. The number of violation letters sent to the Owner is determined by the Board of Directors. If the matter is not resolved, it should be forwarded to our Law Firm’s attention with photographs of the violation. At this point, our Law Firm would proceed as follows:

Our Law Firm would send a demand letter via certified mail requiring compliance. Florida Law requires a reasonable period to be offered to cure a violation, and as a result, how long you offer an Owner to resolve an issue will depend on the violation. For example, removing a trash bin will likely require immediate compliance but repainting the house may require thirty (30) days.

Upon the expiration of the initial attorney demand letter, the Association may proceed with a final demand letter or move forward with a Statutory Offer of Presuit Mediation. The Statutory Offer of Presuit Mediation is required before a lawsuit can be filed. The Owner shall have twenty (20) days to accept the offer and if the offer is accepted, a mediation will be scheduled. The costs of the mediation are to be split among the parties.

If the Owner fails to respond to the Statutory Offer of Presuit Mediation within twenty (20) days or if a mediation is scheduled but the issue is not resolved at mediation, the Association may proceed with the filing of a lawsuit seeking injunctive relief. The remedy usually requires the Owner to comply with the Association’s governing documents under threat of civil contempt sanctions.

After the Complaint is filed, the Clerk of Court will issue a summons which must be served on the Owner. After service, the Owner has twenty (20) days to respond or a default is entered against the Owner.

If a default is entered, the Association can proceed with obtaining a final judgment for injunctive relief against the Owner. If a factual dispute is raised, a non-jury evidentiary hearing may be required before a final judgment is obtained. The final judgment will require the Owner to reimburse the Association for the legal fees incurred by the Association in the lawsuit if the Association prevails.

If the Owner fails to comply with the Court Order, the Association can move for civil contempt sanctions. The Court has wide discretion as to the type of sanctions it may impose, including but limited to, jail time, additional fines, and/or allowing the Association to take self-help remedies with the presence of law enforcement at the property and converting those costs into an assessment which may be foreclosed upon. Jail time is usually reserved for multiple violations of a Court Order, but the Courts will allow the Association to enter the property to perform self-help with the presence of law enforcement.

It is our hope that this summary serves to provide your community with transparency in the enforcement process. If your community needs assistance with the enforcement of your covenants, please do not hesitate to contact Martell & Ozim, P.A.

Half Sized Blog Element (Single Author Style)

Half Sized Blog Element (Multi Author Style)

Can Florida condominium owners install electric vehicle charging stations?!

Enforcement of Covenants

Can Florida condominium owners install electric vehicle charging stations?!

Enforcement of Covenants

Full Sized Blog Element (Big Preview Pic)

Can Florida condominium owners install electric vehicle charging stations?!

Enforcement of Covenants

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