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Articles by Clinton S. Morrell
To Pool Or Not To Pool? Understanding Straight Line Versus Pooled Reserves in Florida Community Associations
One of the most significant financial decisions facing Florida community associations is how to account for reserve funds. Should your homeowners, condominium or co-op association maintain separate accounts for each reserve component, or combine them into a single pooled fund? This choice affects not only your accounting practices but also your flexibility in managing major repairs and replacements.
Client Alert: January 1, 2025 Deadline for Corporate Transparency Act Compliance | JD Supra
This is a reminder that no later than January 1, 2025, pursuant to the U.S. Corporate Transparency Act (CTA), most corporations and other legal entities, including most homeowners' associations (HOA), condominium associations, and co-op associations, are required to report Beneficial Ownership Information to the U.S. Financial Crimes Enforcement Network, a branch of the U.S. Department of the Treasury.
HB 1203 (2024)’s Amendments to Section 720.3075, Florida Statutes Regarding Commercial Vehicles | JD Supra
A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community.
Client Alert: HB 1203 (2024)’s Amendments to Section 720.3075, Florida Statutes Regarding Commercial Vehicles
A number of homeowners associations have restrictions that prohibit commercial vehicles from being maintained or kept on lots or otherwise within the community.
Client Alert: October 1, 2024 Deadline Approaching for Homeowners Associations to Provide Owners with Rules and Covenants or Notify Owners of Posting Online | Shumaker, Loop & Kendrick, LLP - JDSupra
No later than October 1, 2024, all Florida homeowners associations must either provide complete copies of their rules and covenants to each member or post complete copies of the rules and covenants on their website and provide notice of posting to each member.
Mandate Under s. 720.303(2)(e), Florida Statutes Requires HOA Boards to Consider MRTA at First Regular Board Meeting Each Year | JD Supra
The Florida Marketable Record Title Act (MRTA) is a statute that can have harsh consequences, including the ability to extinguish an Association’s deed restrictions if an Association does not take timely remedial measures, such as preservation of its deed restrictions.
Client Alert: Governor DeSantis Signs HB 1645 (2024), Prohibiting Homeowners Associations from Limiting the Use of Certain Fuel Sources or Appliances Using Those Fuel Sources | Shumaker, Loop & Kendrick, LLP - JDSupra
On May 15, 2024, Governor DeSantis signed HB 1645 (2024). Effective July 1, 2024, HB 1645 (2024) amends Fla. Stat. Sec.
Client Alert: Governor DeSantis Signs HB 59 (2024), Sets October 1, 2024 Deadline for All Homeowners Associations to Provide Members with Copies of Covenants and Rules | Shumaker, Loop & Kendrick, LLP - JDSupra
On May 29, 2024, Governor DeSantis signed HB 59 (2024) into law. Effective July 1, 2024, HB 59 (2024) amends Fla. Stat. Sec. 720.303 as follows: Requires an Association to provide a physical or digital copy of the Association’s rules and covenants to each member by October 1, 2024 and to each new member thereafter; and Requires the Association to provide updated copies of rule and covenant amendments when adopted.
Client Alert: Governor DeSantis Signs HB 293 (2024), Requiring Homeowners Associations to Maintain Written Hurricane Protection Specification Requirements | Shumaker, Loop & Kendrick, LLP - JDSupra
On May 29, 2024, Governor DeSantis signed HB 293 (2024), which amends Fla. Stat. Sec. 720.3035 as follows: Requires homeowners associations to adopt hurricane protection specifications for each structure or other improvement on parcels governed by the Association, including individual lots. The specifications may address permitted colors and styles and must comply with applicable building codes.
Client Alert: Governor DeSantis Signs HB 1203 Affecting Homeowners Associations and Licensed Community Association Managers | JD Supra
Governor DeSantis signed House Bill 1203 (2024), which is effective July 1, 2024 and makes a number of substantial changes to statutes governing Florida community association managers and homeowners associations (HOAs).
Client Alert: Governor DeSantis Signs HB 1203 Affecting Homeowners Associations and Licensed Community Association Managers
Governor DeSantis signed House Bill 1203 (2024), which is effective July 1, 2024 and makes a number of substantial changes to statutes governing Florida community association managers and homeowners associations (HOAs).
Client Alert: The Corporate Transparency Act Imposes Reporting Requirements Applicable to Many Condominium, Cooperative, and Homeowners Associations | JD Supra
The Federal Corporate Transparency Act (CTA), which took effect January 1, 2024, requires most homeowners, condominium, and other community associations to report information relating to the association and its directors and officers to the Financial Criminal Enforcement Network (FinCEN). Community associations in existence prior to January 1, 2024 must report to FinCEN no later than January 1, 2025and update FinCEN within thirty (30) days of a change.
Client Alert: The Corporate Transparency Act Imposes Reporting Requirements Applicable to Many Condominium, Cooperative, and Homeowners Associations
The Federal Corporate Transparency Act (CTA), which took effect January 1, 2024, requires most homeowners, condominium, and other community associations to report information relating to the association and its directors and officers to the Financial Criminal Enforcement Network (FinCEN). Community associations in existence prior to January 1, 2024 must report to FinCEN no later than January 1, 2025 and update FinCEN within thirty (30) days of a change.
Florida Statutes May Require Community Associations to Hold Voting Certificates | JD Supra
[1] Chapter 719, the Cooperative Act, includes the same definition. See Section 719.103(28), Florida Statutes (2023). Although the Homeowners’ Association Act in Chapter 720 does not include a specific definition for voting certificates, the same definition would seem to apply in that context as well, given that a homeowners’ association may also require voting certificates by its documents. [2] See In Re: Petition for Arbitration Susan Gladney v. Meadowridge Association, Inc., Arb.
Florida Senator Proposes Creation of State Database for Homeowners Association Information | JD Supra
December 22, 2023 Natalie Baine, Jonathan Ellis, Clinton Morrell Shumaker, Loop & Kendrick, LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On December 13, 2023, Florida State Senator Rodriguez filed Senate Bill 942 (2024), which, if adopted, would require the Department of Business and Professional Regulation (DBPR) to establish a searchable database of certain homeowners associations’ information no later than July 1, 2025.
“Homeowners’ Associations Bill of Rights” Law Takes Effect October 1, 2023 | JD Supra
July 26, 2023 To embed, copy and paste the code into your website or blog: On June 12, 2023, Governor DeSantis signed into law House Bill 919 (2023), the “Homeowners’ Associations Bill of Rights,” which amends Chapter 720, Florida Statutes, in several meaningful ways, including: Requiring notice for board of directors meetings to identify all agenda items. Providing that a member’s designated mailing address for notices is the property address unless the member updates in writing.
Florida Legislature Amends Condominium and Cooperative Safety Statutes Adopted After Champlain Towers South Collapse | JD Supra
July 20, 2023 To embed, copy and paste the code into your website or blog: On June 9, 2023, Governor DeSantis signed into law Senate Bill 154, which substantially modifies statutory safety and reserve requirements previously enacted in response to the collapse of the Champlain Towers South condominium. Existing statutory requirements were discussed in a prior blog post.
January 1, 2023 Deadline for Condominium and Co-Op Building Report to DBPR Approaching | JD Supra
Each Florida condominium and cooperative association is required, no later than January 1, 2023, to file the following information with the Department of Business and Professional Regulation’s Division (Division) of Condominiums, Timeshares, and Mobile Homes: The number of buildings on the condominium or cooperative property that are three stories or higher in height; The total number of units in all such buildings; The addresses of all such buildings; The counties in which all such buildings...
Florida Enacts Major New Reforms for Condominiums and Cooperatives in Response to Champlain Towers South Collapse | JD Supra
June 13, 2022 To embed, copy and paste the code into your website or blog: On May 26, 2022, Florida Governor DeSantis signed Senate Bill 4 into law, imposing substantial new structural safety and reserve requirements on Florida condominiums and cooperative associations. The law is effective immediately and is intended to prevent further disasters like the Champlain Towers South collapse in Surfside, Florida. The new requirements include: Milestone Inspections. Creation of Fla. Stat.
Homeowners Associations and the Marketable Record Title Act (“MRTA”) | JD Supra
Chapter 712, Florida Statutes, the Marketable Record Title Act (“MRTA”), presents a mortal risk to Florida homeowners association, potentially rendering them unable to levy and collect assessments or otherwise enforce their governing documents.[1] Generally, MRTA extinguishes interests in a parcel of real property which are older than the “root of title” for the parcel – defined as the first deed or other instrument transferring ownership of the parcel which is at least thirty years old –...
Client Alert: DBPR Emergency Order 2020-04 Suspending Damage Requirement For Condominium Association Emergency Powers | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Client Alert: Coronavirus - What Homeowners’ Associations Need to Know | JD Supra
With the coronavirus having been declared a pandemic and rapidly spreading throughout the United States, many Florida community associations are confronting unique issues and need to know how to combat the spread of coronavirus and comply with recommendations from health professionals while remaining compliant with governing documents and Florida law. If you serve on your association’s board, you may be asking: What are the association’s emergency powers?
Client Alert: Coronavirus - What Condominium Associations Need to Know | Lexology
With the coronavirus having been declared a pandemic and rapidly spreading throughout the United States, many Florida community associations are confronting unique issues and need to know how to combat the spread of coronavirus and comply with recommendations from health professionals while remaining compliant with governing documents and Florida law. If you serve on your association’s board, you may be asking: What are the association’s emergency powers?
New Florida Law Bars Community Associations from Prohibiting Law Enforcement Vehicles | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
What Every HOA and Condo in Transition/Turnover Should Know About Florida’s Statutes of Limitations and Repose | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
What Information Is My Community Association Required to Provide in Relation to Sales of Units?
During transfers of properties in condominiums or other planned communities, community associations are frequently contacted by prospective buyers, lenders or realtors with requests for information pertinent to the transfer. Often, these requests seek detailed information about a broad range of topics related to the condition and operation of the community. Complying with such requests can become extremely time-consuming for directors or property managers tasked with preparing the responses.
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