Entries by Robert C. Samouce

Dealing with elderly neighbor in violation of rules

For most violations of rules and restrictions contained in a Condominium or Homeowners’ Association governing documents, the enforcement procedure is fairly simple. A call or letter is sent by management telling the rule or regulation violator to knock it off. If the violation continues, then a certified letter is usually sent from the Association’s attorney […]

How associations can save auditing fees

Thanks to House Bill 6027 that was approved by the Florida Legislature in 2017, the members of condominium, cooperative and homeowners associations can now waive the preparation of costly financial auditing reporting each fiscal year and instead opt for simple reports of cash receipts and expenditures. In the past, condominium associations could only waive for […]

When do community rules and regulations have to be enforced?

A typical question we get from new association directors is: When do our association’s rules and regulations have to be enforced? In most condominium and homeowners’ associations, there are regulations contained in the Declaration of Condominium or Declaration of Covenants recorded in the county public records and also unrecorded “house” rules located in the association’s […]

Diamonds are not forever if there is a unilateral mistake

Condominium and homeowners’ association officers and directors need to be careful when negotiating and entering into contracts with vendors such as construction contractors, interior decorators, architects etc. because if the association and the vendor are not on the same page (legally have a meeting of the minds), the contract can be nullified based upon what […]

Fiduciary responsibility does not stop after season

Well here we are in late summer and for many condominium and homeowners’ associations it has been a quiet summer because many, if not most, of the association members went back up North after Easter. Thus, “out of sight-out of mind” has taken over when it comes to association matters. For many associations, all of the directors […]

Condo boards must now get vote before material alterations begin

A very important change to Chapter 718 of the Florida Statutes (The Condominium Act) took effect July 1, 2018 that all Condominium Associations need to be aware of. In House Bill 841, the last sentence in Section 718.113(2)(a), Florida Statutes was amended by adding the highlighted language: “Except as otherwise provided in this section, there […]

What you need to know on tree law

With all of the fallen and leaning trees resulting from Hurricane Irma, a question keeps coming up again and again. My neighbor’s tree limbs are hanging over my property or have fallen onto my property. Can I make the neighbor cut the tree down, cut it up and clean the tree debris off my property? […]

New 2018 Legislation that affects condos, co-ops and HOAs

This year a 72-page bill (House Bill 841) became law and will become effective July 1, 2018. HB 841 is a mixed bag mostly for condos but a few items also pertain to cooperatives and HOAs. Last month we discussed in detail the provisions in the Bill affecting electrical vehicles, owners, and the rights the […]