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State Regulation of HOA’s Limited

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Q: What is the “DBPR” and does it have authority over homeowners’ associations? (C.S., via e-mail)

A: The Florida Department of Business and Professional Regulation is an executive branch state agency in Florida. Its secretary is …

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Addressing Florida’s Condo Crisis and How to Fix It

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The aftermath of the Champlain Towers tragedy has led to a flurry of legislative responses, but are they hitting the mark?  Was the Florida Legislature’s response to the Champlain Towers tragedy misguided in terms of overlooking some key factors that …

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Remote Meeting Procedures Questioned

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Q: Am I entitled to ask questions or speak at association meetings if I am attending remotely via an online platform? The application used by my condominium association does not provide a way to ask questions, and I am worried …

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Board Vacancy Raises Questions

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Q: A member of our condominium association board recently resigned, unexpectedly, part way through the first year of their two-year term. According to our bylaws, a board member appointed to fill a vacancy serves until the next scheduled election. …

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What Is the Difference Between Mediation and Arbitration?

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Whether you are a member of a condominium association or homeowners’ association, the respective statutes require the owners and the association to engage in alternative dispute resolution for certain disputes before a complaint is filed in court.  The two types …

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Condominium Officers, Directors and Managers Who Solicit, Offer to Accept, or Accept “Kickbacks” Now Commit a Felony of the Third Degree

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Florida lawmakers revised Chapter 718, Florida’s Condominium Act, once again following the 2024 Legislative Session through House Bill 1021, which was signed by Governor DeSantis and became effective July 1, 2024.  One of the most surprising revisions to some, was …

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Fire Sprinkler and ELSS Deadlines Extended by Florida Fire Prevention Code

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For those of you who own a condominium unit in a high-rise building, you are keenly aware of the many changes through the years to the fire safety requirements for high-rise buildings. The Condominium Act, in Section 718.112(2)(n), Florida Statutes, …

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Abandoned Properties Regulated By Statute

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Q: What rights does a condominium association have when dealing with an abandoned unit, and under what circumstances can it go into the unit? (K.Y., via e-mail)

A: Section 718.111(5)(b) of the Florida Condominium Act provides that even …

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A Guide to Impact-Resistant Windows and Doors

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On this week’s episode of Take It To The Board podcast, we’re opening the doors—and windows—to a topic that’s both timely and critical for community associations both in hurricane season and year-round impact doors and windows. Host Donna DiMaggio …

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HOA Rulemaking Procedures Questioned

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Q: Recently, the board of our homeowners’ association amended the community rules without filing the updated document with the county clerk. They only noted the change on our website. Can the board enforce a rule change that wasn’t officially recorded? …

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