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...

We recently wrote an article discussing the need for individual homeowners’ insurance even if you have paid off your mortgage. The prior article was specifically focused on single family homes. This article discusses the specific, detailed statutory requirement for condominium association required insurance, leaving for owners of condominium units the option to insure anything in the individual unit. In many ways, the obligations for insuring condominium units are very clear, as the Condominium Act, Chapter 718, outlines the insurance requirements of the condominium association thereby leaving property outside of the association requirements for the individual condo owner to insure. Specifically, Florida Statute 718.111(11) provides that a condominium association must obtain and maintain “[a]dequate property insurance, regardless of any requirement in the declaration of condominium for coverage by the association for full insurable value, replacement cost, or similar coverage[…]”  The computation of the amount of coverage “[…]must be based on the replacement cost of the property to be insured as determined by an independent insurance appraisal or update of a prior appraisal. The replacement cost must be determined at least once every 36 months.” While the Board of Directors has flexibility in determining items like premiums and deductibles, the statute goes on to state that the coverage must include: 1. All portions of the condominium property as originally installed or replacement of like kind and quality, in accordance with the original plans and specifications.  2. All alterations or additions made to the condominium property or association property pursuant to s. 718.113(2). Interestingly, the statute further goes on to list the items of property that the association’s insurance coverage MAY NOT include:  The coverage must exclude all personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit. Such property and any insurance thereupon is the responsibility of the unit owner. As a result, each unit owner...

Whether you’re an existing board member or a new board member this year, as Community Association Law attorneys, we’d like to remind you of some top tips for community association board members.  1. Know Your Governing Documents  Whether you're a Condominium Association under Chapter 718 or a Homeowners Association under Chapter 720, your Community Association has a set of governing documents, and the law imposes upon you a duty to know what those documents are as well as their function and purpose.  Both HOAs and condo associations have declarations of covenants and restrictions that impose a set of obligations or stipulations on owners (i.e. use restrictions, ownership restrictions, occupancy restrictions, etc.). Under the law, there is a certain hierarchy in governing documents in which the Declaration is the most important. The other two types of governing documents, the Articles of Incorporation and Bylaws, determine how your corporation runs i.e. eligibility requirements for the board, elections, annual meetings, etc.  Under law, a new board member of a community association – both in condos and HOAs – have an obligation within 90 days of commencing service on the board to certify in writing that they have read and understand all governing documents and agreed to, to the best of their ability, enforce those governing documents according to their provisions.  As community association law attorneys, we also recommend that you take a board certification course, especially if you have never served as a board member before. Along with a Certificate of Completion, you’ll receive valuable information and tips for being a successful board member. Our Community Association Attorneys at Sachs Sax Caplan frequently teach board member certification courses as well as continuing education courses for Florida Community Association Managers. To learn more and find out when our next class is, call 561-994-4499. 2. Treat Your Community Like a Business  As a board member, you have a fiduciary obligation to other members and owners in your community to serve objectively, responsibly, honestly and efficiently. I believe the best way to do that is to treat your community like a business and run your board as...

There are many common misconceptions regarding estate planning. People sometimes assume they only need a plan if they're wealthy or that everything will automatically go to their children or spouse. As experienced estate planning attorneys, we recommend that everyone – regardless of age, wealth, and family status – have an estate plan.  Some estate plans are simple and require only a couple of documents, while other plans are more complex. The plan that is right for you should be determined by an experienced estate planning attorney and would be formulated during your consultation process. Oftentimes, there are multiple ways to achieve the results you desire. The main goals of estate planning include: Designating people to make your medical and financial decisions for you while you are alive;Ensuring your property passes to the people you want in the percentages you want, and;Avoiding probate. Clients with minor children are also concerned with designating someone to care for their children should something happen to them. While the Florida law and statutes provide for default answers to all of these situations, having estate planning documents in place can ensure that those responsible for making decisions on your behalf have an easier time doing so. Further, depending on your life’s circumstances, you may not want the default people acting for you or inheriting from you in the way the law outlines. Having a plan really keeps you in control. It allows you to dictate and influence how your own wellbeing is cared for as well as how your family is taken care of after you pass. Schedule a complimentary consultation to learn more about the options and planning tools that are right for you.  

Today we'll discuss an important topic that seems to be inquired about often regarding community associations governance in Florida - and that topic is closed board of directors’ meetings. An important aspect of the board of directors’ role in governing an association—whether it is a condominium association or homeowners association—is transparency.  The residents of an association want to be able to trust the actions of the board and have a system that ensures accountability.  Accordingly, board meetings are, for the most part, open to members of the association.  However, there are circumstances where closed board meetings, which are not open to the members, are required.  Closed board meetings are a common practice in community associations, but when are they appropriate? Closed board meetings are gatherings of the directors where only board members are present to discuss sensitive or confidential matters affecting the association. In Florida, the law provides when an association’s board can close its meetings to homeowners.  Generally closed meetings are allowed in two situations: those involving legal matters and personnel issues.  The reasons for these particular two subjects to be addressed in closed meetings make sense. Legal matters include items such as pending litigation or consultation with attorneys.  When these matters are discussed at a meeting, the association’s counsel should be present.  Consultations with attorneys often involve the exchange of privileged and confidential information to protect the association’s interests.  Allowing access to others outside the board could result in the inappropriate disclosure of protected information, for example, if such meetings were open that information could be disclosed to those whose interests are potentially adverse to the association. The second subject appropriate for closed meetings is personnel matters. This is logical because discussions concerning an association’s employee’s performance or the need for disciplinary actions should be held in closed sessions in the interests of privacy and fairness. While closed meetings are necessary at times, transparency and accountability are still vital. Even in closed meetings, proper notice under Florida law that there will be a meeting must be provided to the membership and the decisions made in closed sessions should be...

My firm receives roughly three phone calls a month from people that have bought or sold homes without the help of a professional real estate attorney and experience post-closing issues. As real estate lawyers, we're here to help avoid having to make those phone calls in the first place.  In the State of Florida, it's not required to have an attorney for your closing transactions – but it is highly recommended. Buying a home is a significant investment, and similarly selling a home is a significant transaction.  Whether buying or selling, you need an attorney on your side, representing your best interests. A real estate agent plays a very important role, but they're not attorneys, nor do they render legal advice. Similarly, in Florida, a title agency serves a role, but they're an independent third party. They do not “represent” you.  However, a board certified real estate attorney can represent you and look out for your best interests. So, why exactly do you need an attorney on a real estate transaction? Following are important issues that an experienced real estate attorney will assist with: Taking Title - An attorney will help you avoid post-closing issues by clarifying important issues at the outset.  Firstly, how do you want to take the title – individually? Jointly? Perhaps you are better suited with a life estate, trust or other type of planning mechanism.  It is far better and more cost-effective to address these issues prior to closing. Tax Planning - Tax planning, including transfer taxes at closing, real estate taxes and potential income taxes, are issues that can be addressed and planned before closing takes place if you discuss it with an experienced real estate attorney beforehand.  Surveys - An attorney will help you raise and review important survey and title issues that a title agent may not share with you – or may not know to. In fact, some title agents close without a survey. However, we always recommend closing with a survey reviewed and commented on by an attorney.  Title Objections - Your attorney will also raise title objections that a title...

Creating a budget is one of the primary and most important functions that any community association board does during its tenure. The budget will serve as the guideline to determine the dollar amount owners are charged to live in their communities. There are differing obligations to consider when budgeting for a Homeowners Association (HOA) versus a Condominium Association. Today, we will discuss the differences and offer tips when creating your own community association budget. Let’s start with HOAs. HOA budgets are often a bit simpler than those for condominium associations. That is because HOA budgets normally do not require reserves. Reserves refer to funds set aside for future capital expenses and major repairs or replacements of common property or assets within the community.  Unless members of the association have voted to create reserve accounts, or the original developer of the property put reserves in the HOA’s Declaration of Covenants, Conditions, and Restrictions (CC&R) – commonly referred to as simply the “declaration” – reserves are not mandatory for HOAs. However, if the HOA votes to put money away for future capital expenses, or defer line items (like maintenance), they have that option. Unlike condominium associations, HOAs are not limited or hamstrung by Florida’s Reserve Statutes, which require specific line items in the condo’s budget. For HOAs, the reserves are more like a savings account to use at the board's discretion. One of the misconceptions of the budgeting process is going into it with the intention of trying to hit a target assessment mark. Members may get in the mindset of trying to raise or lower assessments or reach a specific number, like deciding we want $400 a month assessments, then trying to figure out how to get there. Whether for HOAs or condominium association, that's really not how budgets are supposed to work.  Budgets are estimations of expected expenses for the upcoming year that are created in order to derive a necessary revenue stream. The idea is to put all of your expected expenses into a basket, itemize them through your budget, the sum of which the necessary amount of revenue you...

As a land use lawyer, I'm the one who usually deals with the tough stuff after the purchase of a property, the kind of real estate law that people who aren’t in the business really do not need to know unless it happens to them. But I want to discuss something else with you – let’s talk about how it is that you find and relocate your family to Florida ---without having to see someone like me later. And, trust me, it would be great to not have to see me. If you're relocating to South Florida, probably the first thing on your mind is a house for you and your family. And of course, the name, Boca Raton comes to mind. But you'll soon find out that just like where you came from, you're relocating to a region, and that region is probably somewhere between Fort Lauderdale and West Palm Beach. And there are all sorts of little neighborhoods, and all sorts of little niches to consider for your family home. If you have children, the first thing you're going to be thinking about, of course, is schools – and you'll take your own deep dive into that. However, if you're a couple, the first thing you're probably thinking about is amenities – country clubs, golf courses, tennis, etc. Or if you’re more prone to go out and about as your leisure time activity, you may be thinking about the small towns that are dotted along the ocean, the towns that provide for walking streets, restaurants, and nightlife. In any case, once you have narrowed it down and you determine what it is that you want, you're going to be in the South Florida System for buying a house. What is that the South Florida System? Initially, you're going to see is a lot of pretty pictures and a lot of broad smiles. But let’s go beyond that. As I've said, the unfortunate thing is, you might see a person like me if you don't make the right choices. So, let's talk about some of those things that are going...

Senate Bill 360 (SB 360) was signed into law by Gov. Ron DeSantis on April 13, 2023, immediately becoming effective upon such signing. The bill is sure to significantly impact construction defect claims in Florida. This is because it drastically reduces the time limit for property owners to file suit against builders and construction professionals for construction defects and imposes a more stringent standard for bringing a claim under the Florida Building Code. Furthermore, the bill shortens the statute of repose for construction defect claims from 10 years to 7 years. Essentially, a statute of repose is the absolute deadline by which a lawsuit can be filed, even if a cause of action hasn’t yet occurred or you don’t know you may have a claim.  The bill not only shortens the length of time from 10 to 7 years, but it also changes the events that may trigger the clock to start and changes it from the last event to occur to the first to occur. Previously, the clock started running on the latest of any of the following events: actual possession by the owner; date of issuance of a certificate of occupancy; date of abandonment of incomplete construction; or the date of completion of termination of the contract between the engineer, architect, or contractor and her/his employer. However, now, the clock begins running on the earliest of any of the following events: the date of issuance of a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion; or the date of abandonment of incomplete construction. This means the length of time before building owners can be barred from bringing defect claims is shortened significantly. The bill also narrows the scope of statutory civil actions against builders for alleged violations of the Florida Building Code from any violation to a “material” violation. The bill defines a “material” violation as a Florida Building Code violation that exists within a completed building, structure, or facility which may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of a building or its systems. HB 360 Quick...

House Bill 437 (HB 437), a new law that went into effect on July 1, 2023, should be noted by any person living in a community association and every board member of a community association in Florida. With respect to condos, HB 437 adds Patriot Day to the specified days during which unit owners may display 1 portable, removable flag of the United States or one of its military branches. As for HOAs, homeowners may now display up to 2 flags representing the United States, a US military branch, Florida, a POW-MIA flag, and/or a “first responder flag”; previously, only 1 flag was statutorily permitted. The statute defines a “first responder flag” as recognizing and honoring and of the following: law enforcement officers, firefighters, paramedics, EMTs, correctional officers, 911 public safety telecommunicators, advanced practice registered nurses, licensed practical nurses, registered nurses, statewide urban & rescue program participants, federal law enforcement officers. Finally, HB 437 creates a new section of Chapter 720 providing that a homeowners association may not prohibit owners or their tenants from installing, displaying or storing items that are not visible from the parcel’s frontage or an adjacent parcel. HB 437 Key Factors: HB 437 amends Chapter 718 to provide for Condominium Associations that certain flags may now be flown on Patriot Day (September 11th) in addition to the existing list of holidays for which a Condominium unit owner may fly 1 portable, removable flag.HB 437 further amends Chapter 720 for Homeowners Associations to allow the flying of up to two (2) flags and expands the list of allowable flags to include “First Responder flags”. Why is HB 437 important? For Homeowners Associations, this legislation also creates a new Section of Chapter 720 to allow the installation, display and storage of items in a Homeowner’s rear yard, so long as such items are not visible from the frontage of the parcel or from an adjacent parcel. This would include the ability of a homeowner to store, place or install any items, such as boats, RV’s, and artificial turf, or any other items, so long as they are not visible...

Understanding SB 154 - Condominium and Coop Safety (Surfside Glitch Bill) Effective June 9, 2023, except as otherwise indicated herein This bill was passed in response to the surfside legislation passed last year, namely SB4D. This legislation clarifies many of the open issues and concerns that Associations were faced with after last year’s legislative session. Applies to Condominiums and Cooperatives. Milestone Inspections The legislature clarified that the requirements for the milestone inspections and structural integrity reserve studies apply only to residential Condominiums and Cooperatives, and not commercial Condominiums or Commercial Cooperatives. Note, the residential portion of a mixed use Condominium or mixed use Cooperative is subject to the milestone inspection and structural integrity reserve study requirements. The previous legislation differentiated between Condominiums and Cooperatives that were within three (3) miles of the coastline versus those that were not located within three (3) miles of a coastline. The coastline analysis has now been removed, and all condominium or cooperative buildings that are three (3) or more stories must conduct their milestone inspections within thirty (30) years of the building’s certificate of occupancy (the “30 Year Mark”), unless an earlier inspection (i.e., within twenty-five (25) years of certificate of occupancy) is justified by a local enforcement agency taking into account certain environmental factors, such as proximity to salt water. The legislature expanded who could perform the milestone inspection so that it could be performed by a “team of professionals,” with an engineer or licensed architect acting as the person responsible. The bill authorizes local enforcement agencies to extend the deadline for a building if it can be shown with good cause that the building has entered into a contract with an engineer or architect before the deadline but that the report cannot be reasonably completed prior to then. The bill specifies that the association must notify the membership of the deadline to complete a milestone inspection within 14 days of notice from the local enforcement agency that a milestone inspection is required. The bill further permits the local enforcement agency to accept a report issued by an engineer or architect that inspected the...