If we opened up a thread on our discussion forum asking our experts to list the things that confuse their community association members the most, it would probably reach 100 responses lickety split. Here, a few of our experts list the seven that they see more than they prefer. 1. Which governing document is which? It’s the names of governing documents. Often, board members or community association managers will say, ‘The bylaws say no leasing.’ The reality is that the declaration says no leasing. That’s the document that creates the property and includes the provisions about what you can’t and can’t do with the land. The bylaws contain things like quorum requirements. People interchange those terms, and that can cause problems. If you’re sending an enforcement letter and you quote bylaw 3.6 instead of the declaration, you might be referring to the annual meeting provision in the bylaws instead of

Miami Condominium Associations Police Short-term Rental Violations By Alex Martin and Paul Sanchez The proliferation of vacation rental operators in Miami-Dade County’s popular tourist destinations has been making headlines lately – particularly due to the City of Miami Beach’s continued efforts to regulate and eliminate illegal short-term rentals. The day-to-day battle against unauthorized short-term rentals is playing out in the high-rise condominium towers on the beach and throughout Miami’s urban core. Airbnb, VRBO, HomeAway and other vacation rental sites are increasingly appealing for Miami’s visitors, whether they are coming to town for major events like Ultra Music Festival and Art Basel or simply escaping cold weather destinations during winter months. These tourists appreciate the ease of use, cheaper daily rates and accountability that comes with the sharing economy. These renters book a stay without necessarily knowing that many of the associations governing Miami’s condominium towers outlaw such short-term rentals. That

The Florida Legislature passed an Assignment of Benefits (“AOB”) reform bill, Florida H.B. 7065 (the “Bill”), which is expected to take effect July 1, 2019. The Bill establishes 2 new section of Florida Statutes (§§ 627.7152 & 627.7153) and revises Fla. Stat. § 627.422, designed to curtail AOB practices, and is only applicable to AOBs executed on or after July 1, 2019. What does this mean for restoration companies (the “Assignee”)? There is now specific requirements as to what must be included or excluded in an effective AOB, a strict record keeping requirement, as well as time-sensitive submission of AOB and related documents to insurance companies. Fla. Stat. § 627.7152 Assignment Agreements Summary: Assignees (a/k/a “Contractors”) will have to provide detailed estimates in advance of performing the work, promptly notify the Insurance Company of the AOB, and cooperate with the Insurance Company’s requests for information. Contractors will also need to

What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance? Florida Condominium associations deal with nuisance complaints on a regular basis. The challenge in addressing nuisance issues is defining exactly what constitutes a nuisance. Generally, nuisance is defined in Black’s Law Dictionary as “a condition or situation that interferes with the use or enjoyment of property.” This definition is vague and leaves much room for interpretation. Almost all Florida condominium associations have governing documents that prohibit nuisances but, at the same time, provide no express definition or guidance as to what constitutes a nuisance according to the association. Very generally, some governing documents include language to prohibit conduct that would endanger the health, annoy or disturb or cause embarrassment, or discomfort occupants. Conduct that could rise to a nuisance, as categorized by type, may include the following: Smells Smoking

The topic of sea level rise is being discussed in coastal cities across America. While there are certainly controversies about how fast and how much the sea level will rise, it is indisputable that the sea level is rising and impacting associations and their action plans as it relates to their residents’ property. Individual homeowners in cities like Miami, Florida and Honolulu, Hawaii, are beginning to ask questions like: Will rising water impact my asset? When should I expect the arrival of rising waters? Is there anything I can do to prevent damage to my property and protect it? How can I insure my assets sufficiently in the event of damage or loss as it relates to sea level rise? Condominium and HOA board members in these cities are also asking questions such as: How can we best prepare our community for sea level rise? What are the short and