Doing Business in Florida Blog

Client Alert: Condominium Association and Homeowners Association Legislative Update

June 17, 2021
Jeffrey R. Margolis  |  Real Estate, Condominiums Association, Homeowners Association

Governor Ron DeSantis signed Senate Bill 56 and Senate Bill 630, into law on June 16, 2021.  The legislation, which is effective July 1, 2021, affects the operation of homeowners associations and condominium associations, including collection practices, notices of meetings, transfer fees, electronic vehicle charging stations, dispute resolution, emergency powers, official records, reserves, and leasing.  Below are highlights of SB 56 and SB 630 and the legislation changes to the laws governing homeowners associations and condominium associations.

Developer Can Use Working Fund Contributions to Offset its Financial Obligations to a Homeowner Association

October 23, 2019
Jeffrey R. Margolis  |  Real Estate Development, Homeowners Association, Working Fund

It is common practice for developers to collect working fund contributions or initial contributions upon the sale of homes in communities operated by homeowner associations.  The amount of working fund contributions or initial contributions can be either a specific dollar amount or an amount equal to 2-3 months of association assessments.  In a recent opinion, a Florida appellate court ruled that such contributions may be used by the developer to offset the developer’s deficit funding obligation to the homeowner association. 

Governor Signs Condominium and Homeowners Association Legislation but Vetoes Legislation Which Would Have Modified the Condominium Sprinkler Retrofit and Life Safety Requirements

June 26, 2017
Jeffrey R. Margolis  |  Condominiums, Homeowners Association, Real Estate, Residential Real Estate

Citing to the recent London high-rise fire, Florida Governor Rick Scott vetoed House Bill 653 which, among other things, sought to amend the condominium fire sprinkler retrofitting and life safety systems requirements. However, the Governor signed House Bill 1237 and House Bill 6027 into law on June 26, 2016.  The legislation signed by the Governor goes

Terminating Condominiums in Florida

June 14, 2017
Barry D. Lapides  |  Condominiums, Homeowners Association, Real Estate, Residential Real Estate

One of the hot development trends in Florida are developers terminating existing residential condominium buildings and repurposing such buildings or land. One reason why developers are attempting to gain control of condominium buildings is because the property’s highest and best use is not for a condominium building but rather a rental building or some

Governor Signs Condominium and Homeowners Association Legislation

June 14, 2017
Jeffrey R. Margolis  |  Condominiums, Homeowners Association, Real Estate, Real Estate Development, Residential Real Estate

Florida Governor Rick Scott signed House Bill 398 into law on June 14, 2017. House Bill 398 addresses estoppel certificates and expands the scope of the current statutory provision.  Specifically, the legislation changes the process and requirements for issuance of estoppel certificates by condominium and homeowners associations as follows: The time

2017 Florida Condominium and Homeowners Association Legislation

May 14, 2017
Jeffrey R. Margolis  |  Condominiums, Homeowners Association, Real Estate

During the legislative session which ended on May 5, 2017, the Florida legislature passed 5 bills that will become law on July 1, 2017, unless vetoed by Florida's Governor Scott: Senate Bill 398, House Bill 653, House Bill 1237; Senate Bill 1520, and HB 6027.  Below is a summary of the legislation which will be sent to the Governor. Senate Bill 398: