Florida Statute 617.0721(3) allows not-for-profit corporations to hold virtual meetings and Florida Statutes 718.128 and 720.317 authorize condominium and homeowners associations  to conduct elections and other unit owner votes through an online voting system.  These statutes provide associations with the essential flexibility in planning for meetings and holding elections during the COVID-19 era.

Condominium and homeowners associations in Florida have already pivoted to virtual meetings to avoid the risks of contagion. What many associations have yet to discover is the feasibility and cost-saving potential of further allowing their members to communicate and hold board elections electronically.

Our attorneys have been instrumental in assisting condominium and homeowners associations in setting up electronic communications and elections.   The relevant Florida statutes, in effect for several years, allow owners to opt in to electronic communications and/or voting. It is not an “either/or” proposition for the owners.  During the pandemic, more condo and home owners have become comfortable with the electronic platforms.

We guide our clients with the legal documents necessary to allow the electronic changes, as well as the operational adjustments necessary to implement and fully enjoy the benefits the relevant Florida Statutes allow.

The information contained in this document does not constitute legal advice. Please do not hesitate to contact us should you have any questions or need assistance responding to the many issues, which have arisen out of COVID-19.

The post How the Pandemic Changed How Community Associations do Business appeared first on Weiss Serota Helfman Cole + Bierman.

On Friday, January 29th-Partners Josh Krut and Michael Kurzman participated in a program for the Aventura Marketing Council entitled, “Association Update for Condo, HOA Managers and Board Members”.  Josh spoke on the legal updates concerning the Community Association market, and Michael spoke on Construction Defect and Default issues that affect the Community Association market.  Partner Cliff Schulman is the President of the Aventura Marketing Council.

The post Josh Krut and Michael Kurzman participate in program for the Aventura Marketing Council appeared first on Weiss Serota Helfman Cole + Bierman.

Condominium Associations are tasked with a difficult assignment.  They want to
keep the condo running smoothly, while keeping residents and unit owners happy and still complying with laws and bylaws.  No simple assignment.

Whether the subject is expressing religious freedom with a mezuzah or  handling elections of the board, a lawyer who knows condo law inside and out is an essential element of association business.   For example, many don’t know that condo owners do not typically own the doors and door frames to their units.   These are usually common elements.  So hanging a mezuzah could indicate and a material change and require a vote.  However, the Florida Legislature has protected the right of owners to affix mezuzahs to their door frames within certain sensible parameters.

Similarly, holiday displays on doors and balconies lie under the same common area rules, but again, within reason, these expressions of religious freedom are protected. 

Joshua Krut is Chair of the firm’s Community Association, Club & Resort Practice Group.  This is the kind of insight which is frequently sought-after to provide.   His experience and knowledge have been invaluable to condo and homeowner associations.   They know they can’t go it alone.  Precise advice from someone who knows the intricacies of the law helps them run the association wisely and avoid big problems.  

The post Condo Laws – How can you keep up? appeared first on Weiss Serota Helfman Cole + Bierman.

In an extraordinary display of coordination, tenacity and teamwork, the attorneys from Weiss Serota Helfman Pastoriza Cole & Boniske recently closed on a $75 million deal, consisting of more than 90% of the units in the Seashore Club South Condominium.  After years of litigation and negotiation, Weiss Serota Helfman attorneys Joshua Krut, Chair of the Community Association, Club & Resort Practice Group, Joseph Hernandez, Chair of the Real Estate Practice Group and Michael Popok, partner-in-charge of the Miami-Dade office and former Chair of the Litigation Division, completed the transaction.

The Seashore Club South Condo Association, located in Sunny Isles, is one of the many condominium association to which Weiss Serota Helfman Pastoriza Cole & Boniske provides outside general counsel representation. The Association contacted the firm requesting to be sold.  When a potential buyer came along, a right of first refusal was exercised, launching the first lawsuit. The claim was that the value of the condo was too high and not a bona fide offer.  The suit was ultimately settled and the process of buying the condo for future development continued.  Next, the “Plan of Termination” – whereby the association must sell all its units –was challenged.  A handful of dissident owners either did not want to sell or wanted a significantly higher sum, which was already four times market value.

What came to pass was a method to purchase each condo unit individually, which soon gained momentum, while the firm continued to provide counsel to the board throughout the transaction, advising them on corporate governance, internal issues, and presiding over frequent meetings of 170 unit owners. 

Through resolving litigation, handling on-going condo issues and working the real estate transaction elements, the result was in excess of $75 million, one of the largest transactions in the area.  Each unit owner pocketed more than $478,000 – a huge windfall for the owners, many of whom were senior citizens, immigrants to the country, and of modest means.   

The law firm of Weiss Serota Helfman Pastoriza Cole & Bonsike, in conjunction with its attorneys, was uniquely positioned to handle the challenges in this transaction.

The post Weiss Serota attorneys close $75 million deal–Trio become DBR Dealmakers appeared first on Weiss Serota Helfman Cole + Bierman.

1) Within fifteen days after receiving the application, the association must send a written acknowledgment of receipt of the application. If any portion of the application is incomplete or completed incorrectly, the association must specifically identify each portion that must be completed or corrected.

2) Within forty five days after receiving the application, the association must decide whether to accept or reject the application. If the association rejects the application, it must provide the applicant with the reasons for the rejection and state each reason with specificity.

3) If the association fails to comply with these notification requirements, the Broward County Human Rights Section may send a demand letter requesting that the association send the requested notification within ten days of the demand letter. If the association fails to timely comply with the demand letter, this failure can be considered in determining whether there is reasonable cause to believe that the association discriminated against the applicant.

State law requires that the County file an ordinance with the Department of State within ten days of enactment; once it is filed with the State, the ordinance will become effective. Associations should implement a uniform schedule for newly received applications to ensure that they respond to each application in a timely manner and adhere to the new law.

Chaired by Joshua D. Krut, our Community Association, Club and Resort Group provides a myriad of legal services to condominium associations, homeowners’ associations, cooperatives, timeshares, equity clubs, owners’ ad hoc committees and hotel condominiums. The Group advises Boards of Directors and Association Managers regarding corporate governance matters and document interpretation and rule enforcement, represents associations in the collection of delinquent maintenance payments, and drafts and negotiates vendor and service contracts on behalf of our clients. The Group also works with our Real Estate Group and Private Land and Zoning Practice Group on issues related to land use, and with members of our Litigation Division for foreclosure and complex litigation.

Author(s): Joshua D. Krut

The post It’s the Law: Broward Community Associations Must Provide Specific Reasons to Applicants When Denying Applications to Rent or Buy appeared first on Weiss Serota Helfman Cole + Bierman.

The post WSH Attorney named to First Tee of Miami-Dade Board of Directors appeared first on Weiss Serota Helfman Cole + Bierman.

Chaired by Partner Joshua D. Krut, our Community Association, Club and Resort Practice Group offers a small boutique team approach where each client is valued and is not just a “number” among hundreds of thousands of similar clients. The Group is dedicated to providing innovative, responsive and cost-effective legal services to condominium associations and homeowners’ associations. We pride ourselves on our aggressive and creative strategies to recover past-due maintenance penalties, and vigorously represent our clients in all manner of foreclosure litigation.

Author(s): Joshua D. Krut & Brooke P. Dolara

The post Appeals Court Holds Condo Cannot Foreclose On Property If Bank Files Foreclosure Suit First appeared first on Weiss Serota Helfman Cole + Bierman.

The required information includes:

1. The HOA’s legal name;
2. The HOA’s federal employer identification number (“EIN”);
3. The HOA’s mailing and physical address;
4. The total number of parcels in the HOA; and
5. The total amount of revenues and expenses from the HOA’s annual budget.

For HOAs that are still under the control of the developer, the report must also include the following information:

1. The developer’s legal name;
2. The developer’s federal EIN; and
3. The total number of parcels owned on the date of reporting.

HOAs can register with the Department of Business and Professional Regulation at http://www.myfloridalicense.com/hoa?utm_source=rss&utm_medium=rss. If you have questions about the registration process, you can contact the Department at 1-800-226-9101.

Chaired by Joshua D. Krut, our Community Association, Club and Resort Group provides a myriad of legal services to condominium associations, homeowners’ associations, cooperatives, timeshares, equity clubs, owners’ ad hoc committees and hotel condominiums. The Group advises Boards of Directors and Association Managers regarding corporate governance matters and document interpretation and rule enforcement, represents associations in the collection of delinquent maintenance payments, and drafts and negotiates vendor and service contracts on behalf of our clients. The Group also works with our Real Estate Group and Private Land and Zoning Practice Group on issues related to land use, and with members of our Litigation Division for foreclosure and complex litigation.

Author(s): Joshua D. Krut & Brooke P. Dolara

The post Mandatory Registration with the DBPR Begins for Florida HOAs appeared first on Weiss Serota Helfman Cole + Bierman.

For a complete list of the Fannie Mae guidelines, please click here.

For a complete list of the new Freddie Mac guidelines, please click here.

Author(s): Brooke P. Dolara

The post New Fannie Mae and Freddie Mac Guidelines Aim to Curb Foreclosures, Facilitate Short Sale Process appeared first on Weiss Serota Helfman Cole + Bierman.

Eligibility to serve on a condominium association’s board of directors is governed by two pieces of legislation: the Florida Not-For Profit Corporation and the Florida Condominium Act.  The Florida Not-For-Profit Corporation Act requires that all directors of corporations must be natural persons who are 18 years of age or older.  The Act does not require that a director reside in Florida, or even be a member of the corporation.  However, the Act does permit corporations to mandate such residency and membership requirements in its articles of incorporation or bylaws.  Under the Florida Condominium Act, a director can be “any unit owner or other eligible person.”  However, the Act does place certain restrictions on eligibility.  If a person is delinquent in the payment of a monetary obligation to the Association, he or she cannot serve as a director.  A person who has been removed from the board of directors by the State also cannot serve as a director.  Finally, a convicted felon cannot serve as a director unless his or her civil rights have been restored for at least five years.     

Chaired by Partner Joshua D. Krut, our Community Association, Club and Resort Practice Group advises associations in the preparation of annual meeting, election and voting packages and helps chair meetings of the Members and Board of Directors. The Group also counsels community association board members in both interpretation and enforcement of their governing documents. 

The post Elections and Condominium Associations: Who Can Serve as a Director? appeared first on Weiss Serota Helfman Cole + Bierman.