Entries by Robert C. Samouce

New association directors must sign papers or take a course

Season is the time most condominium homeowners’ and cooperative associations have their annual meetings and elect their new directors. The Florida Legislature in the last few years has placed a silly new requirement on new volunteer directors. Within ninety (90) days of the election upon which a new director must either sign a new director […]

How to protect the look of your neighborhood

So one of your neighbors from Indiana likes John Cougar Mellencamp’s song “little pink houses” and the next thing you know they painted their house pink. Another neighbor puts on a new asphalt roof after the hurricane when all the other roofs in the neighborhood are barrel tile to save a few thousand dollars. Can […]

Is your association protected from investor slum landlords?

We are seeing it more and more that when local homes and condominium units are put on the market for sale, rather than being purchased by retirees or families, many are being snapped up by shrewd investors and then being turned into yearly rentals or rented on internet short-term bed and breakfast sites. We then […]

Some owners looking to blame others after Hurricane Irma

Many Southwest Florida condominium and homeowners’ association owners suffered damage to their unit, home, cars or other possessions as a result of Irma’s wrath. While most understand that hurricanes are considered no-fault “acts of God” that caused their damage, there have been a few who what to try to have someone else cover their costs […]

Do you need a membership vote for material alterations?

Condominium and homeowners’ associations, that have been around for a while, usually at some point want to upgrade their common elements or common areas to stay up with the times. That 90’s paint color scheme of the buildings is no longer in fashion, pavers are now preferred over asphalt in the parking and roadway areas, […]

Must communities retrofit for handicap accommodation

The question often arises as to whether condominium, cooperative and homeowners’ associations need to install wheelchair ramps, elevator or swimming pool lifts or redo common area bathrooms to accommodate handicap persons. The general answer is that associations may have to waive certain rules to reasonably accommodate the handicap, such as allowing emotional support or service […]

New legislation affecting condos, co-ops and HOAs

Last year the Florida Legislature was silent when it came to passing any laws affecting community associations. Not this year. This year four bills were approved and signed by the governor and one was vetoed. SB 398 applies to condos, cooperatives and HOAs and prescribes a “form” for estoppels certificates. We discussed that bill last […]

New laws creating uniform estoppel certificates

There were five (5) bills approved this year by the Florida Legislature affecting community associations. As of the writing of this article, only one bill had been signed by the Governor, SB 398, that prescribes new detailed information and procedures required to be followed by condos, cooperatives and HOAs in response to request for estoppel […]