Entries by Robert C. Samouce

When condos and HOAs must get competitive bids

When condominium and homeowners associations want to enter into new contracts with vendors or professionals for various projects or duties, there is a misconception that the association must get at least three (3) competitive bids before hiring the vendor or professional. This is definitely not the case. For condominiums, Section 718.302, Florida Statutes, provides that: “If a […]

Association contracts need legal review

Condominium and homeowners associations enter into new contracts all the time and many are for thousands if not hundreds of thousands of dollars. You have ongoing management, maintenance, accounting and landscape contracts, periodic construction contracts for reroofing, painting, paving and remodeling of social rooms or clubhouses. Associations are required by Florida statutes to get competitive bids (at least two […]

Boards who snooze over the summer may lose

Well just about all of the remaining snowbirds have flown back North until next season. During last season there were many rules and restrictions violations at our local condominium buildings and gated neighborhoods ranging from late night pool parties, unlawful pets, too many guest and rental visits, smoking and noise violations, parking violations, failure to […]

Snuffing out the smokers in condominium

Even as of a few years ago, it was almost unheard of for a condominium building to go nonsmoking. Apparently there was fear that in doing so, property values would suffer as potential smoker purchasers would look elsewhere. This is no longer the case. We are seeing more and more condominiums going to nonsmoking. To […]

Should a vote be put to association owners to waive yearly financial auditing requirement

Pursuant to Florida Statutes, Condominium and Homeowners’ Associations have to each year report the financial health of the Associations to their members. Such requirements are contained in Section 718.111(13), Florida Statutes for Condominium Associations and Section 720.303(7), Florida Statutes for Homeowners’ Associations. For Condominiums with less than 50 units, or for Neighborhoods with less than […]

County tax assessor and collector can’t take away homestead exemption

The decision reached in a recent appellate court opinion out of Martin County holds that a homestead tax exemption survives the death of a spouse. In the case of Kelly and Pietruszewski (Martin County Property Appraiser and Tax Collector) v. Spain, rendered by the 4th District Court of Appeals on Feb. 25, 2015, the Appellate […]

When do associations have to get competitive bids?

When it comes to condominium and homeowners’ associations contracting for services and supplies for their communities, the associations are all over the map on the procedures they use to find a provider. Some will go get competitive bids on each and every contract and always take the lowest bid while others will obtain no bids […]

The Special Legislative Insurance Session is over-Highlights of some of the new law passes that should help reign in increases

Our new Governor called the special 2007 session, the Legislatures meet and approved a comprehensive and complicated package of new laws designed to stop the out of control increases in property insurance that every Floridian has been suffering under lately. Whether it is enough is yet to be seen when the new laws are implemented […]