Category Archives: HOA/Property Management
Can a Homeowners’ Association (HOA) Prohibit Rentals?
If you own a condo or home but want to rent it out to earn some passive income, you may be wondering, “Can my homeowners’ association (HOA) prohibit or restrict rentals?” The short answer is, “Yes.” A homeowners’ association can prohibit or restrict rentals. For example, many HOAs in Florida limit the number of… Read More »
Homeowners’ Associations & Exterior Changes
On July 6, the Washington Post featured an important article on homeowners’ association rules governing exterior changes, and why it is important that they be followed. Many owners ignore processes put in place by an association’s architectural control committee, even though the association’s declaration of covenants requires advance approval before additional or changes can… Read More »
When Homeowners’ And Condo Associations Have To Litigate Over Construction Defects
Unfortunately, homeowners’ and condo association lawsuits against Florida construction companies and developers for construction defects and other abuses (breach of implied warranties, negligence counts, violation of minimum building codes, etc.) are far too common. In June, when the “Loft 2” condominium in downtown Miami was constructed with some serious flaws—such as defects in the… Read More »
Can Homeowners Associations Take Speeding Into Their Own Hands, Legally Speaking?
It seems like every day, there are disputes between homeowners associations and its members, even though these disputes are supposed to be avoided by specific, detailed covenants and restrictions agreements residents agree to when they buy into these associations. There are always going to be circumstances under which homeowners associations and property managers must… Read More »
Jury Fines Homeowners Association $20 Million: Our Attorneys Discuss Lessons Learned
A lawsuit that concluded this spring highlights an important potential liability for homeowners associations around the country: playgrounds. One homeowners’ association in particular was hit with a $20 million jury award after a teenager was injured on the property’s playground. Reportedly, the 42-pound crossbar of the swing set fell on the boy sitting on… Read More »
Legal Responsibilities When Golf Balls Damage Condo Associations
More often than not—especially in states like Florida, where golfing is quite popular—windows within a homeowners’ and condo associations are damaged by the golf balls that fly in from nearby golf courses. In many of these associations, the golf course is private and open to those in the association adjacent to it. When someone… Read More »
Homeowners Associations, Insurance, And Leaky Windows After Florida Hurricanes
When it comes to figuring out whether a homeowners’ association is liable for damage, it largely depends upon a) what caused the damage and b) the declaration of condominium. Take, for example, windows in Florida homeowners’ associations that started leaking after Hurricane Irma: As a general rule, any damage done by a hurricane falls… Read More »
Commercial Landlords & Tenant Bankruptcy
Tenants filing for bankruptcy is less of an issue for residential landlords, but an increasingly frustrating problem for commercial landlords as we get further into 2018. As a result, it is important—now more than ever—that commercial landlords know what their rights are when it comes to how tenant bankruptcy affects lease agreements. Rules: Before… Read More »
Common Questions Involving “Material Alterations” In Homeowners’ Associations
As attorneys who regularly represent homeowners associations and property managers, we frequently get questions about what the board can do with and without membership approval. These types of questions ultimately come down to distinguishing between what is and is not a “material alteration.” The general rule is that if the proposed change is a… Read More »
Hurricane Claims Process For HOA Buildings Insured Under Standard Flood Insurance Policy
Recently, the Federal Emergency Management Agency (FEMA) released guidelines concerning the flood claim process for buildings that are part of a Standard Flood Insurance Policy (SFIP), attempting to expedite payments to policyholders after inspecting damages. In some circumstances, FEMA is also empowered to authorize payments to policyholders even before inspections are done if the… Read More »
