By Michael E. Chapnick, Partner at Sachs Sax Caplan  Florida’s condo landscape continues to evolve. Safety rules and reserve requirements are now fully in play, while insurance costs remain high. For some aging buildings, boards and owners are weighing whether continued special assessments make sense — or whether a structured termination and redevelopment is the better path.  What the law requires  Condominium terminations in Florida follow a strict statute. In most residential cases, a plan of termination must be approved by at least 80% of the total voting interests. The plan cannot proceed if 5% or more of the voting interests object in writing. The statute also addresses valuations, notices, trustee duties, liens, and dispute rights, and it limits re-submitting a rejected plan for 24 months.  Aligning with 2024–2025 safety timelines  The legal calendar for termination now sits alongside inspection and reserve deadlines. Lawmakers clarified that milestone inspections apply to buildings with three or more habitable stories, refined reporting, and kept the inspection/reserve framework moving. Boards should map those deadlines early and communicate them plainly so owners understand why timing matters.  In 2024, HB 1021 added transparency and governance provisions for associations, including official-records requirements, education and reporting elements, and distribution of structural integrity reserve studies. These duties continue during any pre-termination period and affect what information boards must share with owners.  A people-first process  Terminations are legal transactions — and they are personal. Owners have roots, plans, and budgets to consider. Clear, consistent communication (what inspections found, what reserves require, what alternatives exist, and how the plan protects rights) reduces anxiety and conflict, helping the community make informed choices. Documenting each step protects the association and demonstrates good faith.  Practical roadmap  Pre-feasibility: Review options such as repair, special assessment, or termination; assess owner and investor interest. Owner communications: Publish a simple summary, FAQs, key dates, and a central repository for notices and reports. Plan of termination: Coordinate with counsel to prepare the Plan of Termination; prepare for disputes, trust administration, and winding-down obligations. Regulatory alignment: Calendar milestone inspections, reserve-study distribution, and any agency reporting so the association stays compliant while decisions are made. ...

Florida’s gun laws changed dramatically this fall. In September, a state appellate court struck down the long-standing ban on open carry as unconstitutional. Shortly after, the Attorney General advised law enforcement that open carry should be considered lawful statewide. Floridians may now openly carry firearms in many public places without the immediate threat of prohibition.  For homeowners’ associations (HOAs), country clubs, and condominium boards, the ruling raises urgent questions: Can residents show up to board meetings armed? Can communities prohibit firearms in clubhouses or common areas? And how can boards maintain safety while respecting individual rights?  Decoding Florida’s Open-Carry Shift  The ruling and Attorney General’s guidance suggest adults may lawfully possess and openly carry firearms in many everyday settings. This does not mean open carry is unrestricted. Firearms remain prohibited in specific places under state and federal law—such as government buildings, schools, courthouses, polling places, and bar areas primarily devoted to alcohol service. It also remains illegal to display a weapon in a threatening or angry manner.  Crucially, private property rights remain intact. Just as a restaurant can post a “No Firearms” sign and enforce it through trespass law, an association that owns private common areas may adopt and enforce rules restricting firearms in those spaces.  In our opinion, the Attorney General’s guidance and related case law apply primarily to public agencies and government property—not to private corporations such as HOAs, country clubs, or condominium associations. Therefore, associations may still adopt rules limiting or restricting weapons on their property, including the clubhouse, pool deck, or other common areas.  A common misconception is that Florida’s ban on firearms at “government meetings” applies to HOA or condo meetings. These associations are private entities, not governmental bodies, and those statutory restrictions do not automatically apply. If a board wishes its meetings to be firearm-free, it must adopt and enforce its own rule under its governing documents.  The Meeting Dilemma  Some associations are considering moving meetings online to avoid uncomfortable or unsafe encounters. While virtual access can help, relying on it exclusively risks alienating members and may conflict with Florida law or governing documents. In-person...

South Florida’s hurricane season is becoming more and more unpredictable. Take for example last year’s 2024 hurricane season, which started out relatively quiet before seeing back-to-back storms in late September and early October – Hurricanes Helene and Milton hitting just 13 days apart. Therefore, being proactive and prepared is the only way to protect your community. By developing a hurricane preparedness plan, ensuring proper maintenance, and fostering clear communication, condo and HOA associations can safeguard their residents and minimize damage to property.  To help you prepare, here’s a comprehensive guide to hurricane preparedness for condos and HOAs in South Florida: 1. Develop a Clear Hurricane Preparedness Plan A strong hurricane plan is the foundation of any effective response. It should include evacuation procedures, emergency contacts, and guidelines for securing common areas. Ensure that the plan is communicated to all residents well in advance and that it’s accessible to everyone. Evacuation Procedures: Create clear instructions for evacuating the building, including designated evacuation routes and shelters.Communication Channels: Keep residents informed through multiple channels – emails, text alerts, and community bulletin boards. Timely communication can save lives.Securing Common Areas: Ensure that amenities like pools and clubhouses are safely secured to minimize damage. Review and update the plan annually to account for new developments or changes in local regulations. 2. Conduct Routine Property Inspections Preventative maintenance is key to minimizing hurricane damage. Regularly inspect the property for areas that may need reinforcing, especially the roof, gutters, and trees. Roof and Gutter Maintenance: Check for leaks, loose tiles, or damaged shingles. Clean gutters and drains to prevent flooding during heavy rains.Tree Trimming: Regularly trim trees and remove dead branches that could become projectiles in strong winds.Backup Generators: Ensure that backup power systems, especially for elevators and common areas, are functioning properly. By identifying potential vulnerabilities ahead of time, you can avoid costly repairs and disruptions after the storm. 3. Encourage Residents to Prepare Personal Emergency Kits While you can’t control the individual actions of each resident, you can encourage them to be self-sufficient during a hurricane. Advise residents to prepare emergency kits that include essential supplies. Basic Supplies:...

Following the devastating collapse of Champlain Towers South in 2021, Florida has undertaken the most sweeping condo safety reforms in the state’s history. These new regulations, while aimed at preventing another tragedy, have also placed significant financial burdens on condo associations and unit owners, raising concerns about affordability, property values, and legal exposure. The key changes revolve around mandatory structural inspections and reserve funding requirements. Under the new laws, any condo building over 30 years old (or 25 years if near the coast) must undergo a milestone inspection conducted by licensed engineers. These inspections assess the structural integrity of a building, identifying potential safety hazards before they become catastrophic. Additionally, the state now requires structural integrity reserve studies, forcing associations to fully fund reserves for critical repairs—a stark departure from previous practices where boards could waive or underfund reserves to keep costs low. While these measures undeniably enhance resident safety, they come with a hefty price tag. Many older condos are now facing massive special assessments to cover repair costs and reserve funding, leaving some unit owners unable to afford staying in their own homes. This has led to increased litigation as residents challenge assessments, question management decisions, and seek financial alternatives. Furthermore, the new laws are accelerating a shift in the Florida condo market. Some buildings that cannot afford to comply are being sold to developers, particularly in high-demand coastal areas where land values are skyrocketing. This is triggering a wave of condo terminations, where older buildings are demolished and replaced with new high-end developments—essentially displacing longtime residents who cannot afford to buy back in. The state now faces a difficult balancing act: ensuring building safety while preventing financial devastation for condo owners. While lawmakers have provided some funding assistance, it is not nearly enough to cover the full scope of the required repairs statewide. Moving forward, policymakers must explore additional financial relief options, such as state-backed low-interest loans or grants for struggling condo associations, to prevent widespread displacement. For Florida property owners, these reforms represent a new era of heightened accountability and cost management. Condo associations must now prioritize...

Florida’s homeowners’ associations (HOAs) and condominium boards are at the center of a legal transformation. Over the past few years, Tallahassee has enacted significant legislative changes aimed at increasing transparency, financial responsibility, and structural integrity within community associations. These new regulations, while designed to protect residents, also present new challenges for board members and property managers. One of the most impactful changes has been the mandatory structural inspections and financial reserve requirements for condominiums. After the tragic collapse of Champlain Towers South in Surfside, state lawmakers enacted strict rules requiring older buildings to undergo milestone inspections and structural integrity reserve studies. This means that many associations, which previously deferred maintenance due to cost concerns, are now required to set aside funds and make repairs – whether owners are financially prepared or not. The result? A wave of special assessments that have left many condo owners struggling to afford the increased costs of living in their own homes. Beyond safety, legislative efforts have also targeted HOA governance and financial accountability. New laws have imposed stricter reporting requirements, limited conflicts of interest, and increased penalties for mismanagement. While these measures aim to curb corruption and negligence, they also create administrative burdens for volunteer board members, many of whom lack legal or financial expertise. As a result, we are seeing a surge in professional management company contracts, which can drive up operational costs for associations. Moreover, Florida’s courts are now handling an increasing number of disputes between HOAs and homeowners, particularly over fee collections, election procedures, and architectural restrictions. With more legal scrutiny on association decisions, it is essential for board members to operate with transparency, seek legal guidance, and communicate clearly with residents. As these legal changes take full effect, the future of Florida’s community associations will likely depend on finding a balance between regulatory compliance and financial sustainability. The best-prepared HOAs will be those that proactively engage with legal professionals, update their governing documents, and implement best practices in financial planning. Otherwise, they risk legal disputes, financial shortfalls, and homeowner dissatisfaction – challenges that no association can afford to ignore. Peter S....

As a veteran real estate and community association attorney with decades of experience, I’ve witnessed the transformative impact of legislation on our housing markets. Florida’s recent condominium safety regulations, born from the tragic collapse of the Champlain Towers South, are well-intentioned measures aimed at ensuring structural integrity and protecting lives. However, their unintended consequences are creating a crisis that disproportionately impacts older residents in Palm Beach County—and the ripple effects could reshape the region’s economic landscape. The regulations mandate milestone inspections for older buildings and require full funding of reserves for critical repairs. While these measures are critical for safety, they come at a steep financial cost. For older condos, many of which were built decades ago with minimal available reserve funds, compliance often necessitates significant monthly or quarterly fee increases or hefty special assessments. For retirees living on fixed incomes, this new financial burden is untenable. In Palm Beach County, where many condominium residents are retirees who moved here for an affordable, sunny lifestyle, these new costs have forced a wave of sales—many under duress. Owners are being priced out of their own homes, unable to cover mounting repair bills. Economic and Community Impacts At first glance, one might assume this turnover presents opportunities for real estate developers to revitalize older buildings or construct new ones. But the forced displacement of older residents has economic and social consequences that extend beyond individual hardship. Loss of Affordable Housing: Many older condos serve as de facto affordable housing for middle-income retirees. As these properties are sold and redeveloped into high-end units to recoup costs, the county’s stock of affordable housing shrinks further, leaving few options for fixed-income residents.Disruption of Community Fabric: Long-term residents contribute stability and character to communities. Their forced departure erodes the sense of community, transforming once-tight-knit neighborhoods into transient spaces dominated by seasonal or investment buyers.Economic Displacement: Older residents, who support local businesses and services year-round, are being replaced by higher-income seasonal residents. While this shift may initially seem like an economic boon, the loss of steady, year-round consumers can harm small businesses and disrupt the local economy.Stagnant Redevelopment:...

As we usher in 2025, Florida's condominium landscape is undergoing significant transformation due to new safety regulations enacted in response to the tragic Champlain Towers South collapse in Surfside. These laws, designed to enhance building safety and ensure structural integrity, mandate that condominium associations maintain adequate reserves for major repairs and conduct regular structural inspections. While the intent is undeniably noble, the implementation has introduced substantial financial challenges for many condo owners and associations across the state. The legislation requires associations to conduct milestone structural inspections for buildings three stories or higher, with initial inspections having been due by December 31, 2024. Additionally, associations must perform Structural Integrity Reserve Studies (SIRS) to assess and fully fund reserves for critical structural components. These measures aim to prevent future tragedies by ensuring timely maintenance and repairs often lacking in the past.  However, the financial implications are profound. Many associations, particularly those managing older buildings, are facing the necessity of imposing significant monthly or quarterly fee increases or special assessments to comply with the new requirements. For instance, residents of Springbrook Gardens in Fort Lauderdale Beach were compelled to sell their units after being unable to meet a $4.5 million repair bill to shore up the building's foundation.  This scenario is not isolated. Condo owners statewide are grappling with rising maintenance fees, insurance premiums, and taxes, leading to a surge in older units being put up for sale. The increased financial burden is particularly strenuous for retirees and individuals on fixed incomes, raising concerns about affordability and the potential displacement of long-term residents.  While the safety of residents is paramount, it's crucial to recognize the economic strain these regulations impose. A more nuanced approach, considering the age, location, and financial capacity of each condominium association, might mitigate some of the adverse effects. Flexibility in implementation timelines and financial assistance programs may provide relief to those most affected. Moreover, transparency and communication between condo boards and unit owners are essential. Associations should engage owners in open dialogues about upcoming inspections, necessary repairs, and the financial strategies to address them. This collaborative approach can foster trust...