Revisiting Your Rules and Regulations in the New Year
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First and foremost, Sachs Sax Caplan would like to wish everyone a happy and healthy new year!  We know that this is a time for many people to make resolutions for the upcoming year ahead.  One resolution that many Associations may wish to make in 2023 is revisiting their rules and regulations.  Many Associations may have outdated ru...
What are Surplus Funds from Foreclosure Sales and How Can They Impact an Association?  
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Surplus funds are extra monies above the foreclosure judgment amount held by the Clerk of Court following a sale in a foreclosure case. The plaintiff in such cases (either the Bank or the Association) may only bid up to its judgment amount at the sale. If the winning bid is higher than the judgment amount, the difference between the winning bid and...
Recent Advancements in Association Law
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Warren Buffett once said, “Risk comes from not knowing what you’re doing.” As we approach the end of 2022, we thought it appropriate to see if we can reduce the risk surrounding the management and operation of condominium and homeowners’ associations by focusing on five (5) relatively recent advances in Association Law that may have a profound effe...
Is Virtual Participation in Community Association Meetings Here to Stay?
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As Community Association attorneys, something we've been asked often lately is whether associations may hold their meetings strictly by Zoom or any other video conferencing or virtual process. The answer is Florida law does allow videoconferencing and provides the ability to do so for both members and board meetings.  For board meetings, the s...
New Mandatory Reserve Requirements for Condominiums and Cooperative Associations
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More than a year after the tragic collapse of the Champlain Towers South condominium building in Surfside, Florida, condominium and cooperative associations throughout Florida now face a host of new legal requirements and restrictions imposed by SB 4D, which was passed unanimously by the Florida Legislature and signed into law by Governor DeSantis ...
Part 2- August Series- INSPECTIONS - TRANSPARENCY
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Born from the tragedy of Surfside’s Champlain Towers South collapse is the passage of Senate Bill 4D that was signed into law by Governor DeSantis on May 26, 2022. For the first time, state law now mandates that condominium and cooperative buildings that are three (3) stories or higher must undergo milestone structural integrity inspections, must o...
New Building Inspection Requirements
Monthly Column
The proverb “time and tide wait for no man” may be true, particularly regarding the impact of the sunny, salty, and windy conditions on structures along Florida’s coasts.  However, a recent law requiring periodic inspections of buildings will help protect community associations and the millions of people who live in condominium units from the ...
Surfside Collapse Leads to Additional Scrutiny & Due Diligence from Mortgage Companies to Condominium Associations
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As we pointed out in an earlier column, one of the direct side effects of the tragic Champlain South Tower collapse was the additional scrutiny and due diligence that mortgage companies were going to apply before issuing mortgages in condominiums. At that time, Federal National Mortgage Association (“Fannie Mae”) issued Lender Letter (LL-2021-14), ...
Pending Legislation Regarding Tree Removal Affecting Community Associations
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With the 2022 legislative session ending on March 11, very few pending association-related bills were passed this year.  However, one very important bill relating to tree removal for community associations was passed through both houses and now awaits the governor’s signature.  This bill, if signed into law, will have a very adverse effec...
THE FEDERAL VS. FLORIDA VACCINE MANDATE TUG OF WAR
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The Occupational Safety and Health Administration (OSHA) released its rule on November 4, 2021, mandating employers with at least 100 employees to require all their employees to be vaccinated against COVID or to wear masks and get tested weekly for COVID. The federal rule provides exemptions based upon medical reasons or entitlement to an accommoda...
Wishing You a Very Happy 2022!
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From all of us at Sachs Sax Caplan, P.L., we want to wish you and your family a safe and very Happy New Year!
Performance and Payment Bonds
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The extra security can be worth its weight in gold Construction projects are often difficult. Many different considerations need to be reviewed by board members, which often result in complicated business negotiations. One crucial consideration for board members is the fact that you are using other people’s money for the project being contemplated ...
OSHA Issues Emergency Temporary Standard to Enhance Employee Protections From COVID
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On November 4, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) aimed at protecting workers from coronavirus. OSHA indicates that this guidance will increase protections for more than 84 million private-sector workers. The ETS covers employers with 100 or more...
Is Taking Legal Action a Remedy to Criticism From Unit Owners?
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We often get phone calls from officers and board members of condominium and homeowners’ associations who feel they have been criticized unfairly by unit owners. Sometimes, they insist on taking legal action to put a stop to the most unfair or mean-spirited of the attacks. These calls are as varied as the condominium and homeowners’ associations in ...
New Laws Affecting HOA Rules and Regulations
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As you may be aware, several changes were made to both Chapters 720 and 718, Fla. Stats., in the 2021 legislative session. Among the many changes in Chapter 720, Fla. Stat. was the removal of Rules and Regulations from the definition of “Governing Documents.” Previously, “Governing Documents” were defined in the Homeowners Association Act to includ...
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