OLG founder’s entrepreneurial spirit recognized in annual awards contest
It is no secret The Orlando Law Group’s founder Jennifer Englert is a woman who means business. As such, this year the Orlando Business Journal is recognizing her as one.
Englert is one of 21 women being recognized by the publication for accomplishments in business and the community. The list includes some of the most accomplished women in Central Florida.
“There are so many women who are deserving of this award throughout our region I am just honored to be a part of this year’s class,” Englert says. “The impact of women, especially the women who join me this year, can not be underestimated in manner.”
Englert founded The Orlando Law Group in 2009, initially being a firm that would be a home for women lawyers. The firm now employees several male attorneys, but still takes pride in being a firm focused on the entire life of an attorney, not just the billable hours.
In addition, Englert is an owner of several companies separate from the law firm, including a title company, a company focused on energy-efficient lighting and a company focused on workforce issues in the manufacturing industry.
According to the announcement in the Orlando Business Journal, “These individuals have gone above and beyond in their respective roles, driving business success, industry growth, workforce development and community advancement. The honorees are executives based in Central Florida who were selected due to their business accomplishments, community involvement and personal.”
One of Englert’s strengths was her work in the community serving in the following roles in the community, in addition to helping found the East Orlando Chamber Foundation:
- Seminole County Chamber: chair-elect and pro bono legal counsel
- East Orlando Chamber of Commerce: board member and pro bono legal counsel
- Avalon Park Kiwanis: vice president
- Matthews’ Hope: board member and legal counsel
- United Against Poverty: board member
- Greater Orlando Builders Foundation: vice president
- Orlando Health Foundation: board member
- Innovation and Entrepreneurship Program at Full Sail University: advisory council member.
“From the start of The Orlando Law Group, I have found the more you help the community improve, the more your business will be successful,” Englert says. “I encourage anyone in business to find their passion and use their skills to help others.”
The full list of 2023 Women Who Mean Business can be found here. Orlando Business Journal will be recognizing them at an event on March 30 and running a special section featuring all of the women in its March 31 edition.
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For more information, contact Alan Byrd, Alan Byrd & Associates, 407-415-8470, [email protected]
About The Orlando Law Group: Founded in 2009, The Orlando Law Group is a full-service law firm with 11 attorneys in four offices in Orlando, Winter Garden, Altamonte Springs and Lake Nona. The firm specialized in a broad range of practice areas specifically for individuals and businesses, particularly on business law, family law, personal injury law, personal finance and estate planning law and much more. For more information, please visit TheOrlandoLawGroup.com
Right before the New Year, the New York Times wrote an extensive article about Mickey Mouse and how the copyright for the historic Steamboat Willie will most likely expire at the end of 2023.
When that happens, the Steamboat Willie version of Mickey Mouse will become public domain, meaning anyone can use that version of the cartoon character and the film without paying any licensing fees.
Of course, nothing is settled in stone. The last time this issue came up, the Walt Disney Company worked with Congress to extend copyright protections by 20 years.
Most businesses cannot just convince Congress to change the rules on copyrights. So, this is a great case to watch as this issue unfolds. It is a good way to understand how people can and cannot use your logo, your graphics, your mascot, your company name.
And it is a great reminder to check with The Orlando Law Group for a review of all your intellectual property has the right protections to keep your brand pure.
The Orlando Law Group can help entrepreneurs and business owners in in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Sanford, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida with all their intellectual property issues, along with any other general business issues.
Let us give a quick overview of intellectual property protections.
First, it is critical to understand the differences between the different types of intellectual property protections. They are often confused with each other, even though all of them can be critical for your long-term success.
For a more detailed look at the difference between trademark and copyright, please review this article we shared a few years ago.
A copyright protects first use of art
Maybe you wrote a jingle for your business or commissioned a painting of your restaurant. Maybe you created a cartoon character mascot. Those are all covered by copyright laws. They are original art and cannot be used by a third-party for profit.
When it is produced, there is a copyright applied, but you must register the copyright with the federal government for The Orlando Law Group to fight to receive any protection from the courts.
A patent protects an invention
If your company has developed the next big thing, you will need to file for a patent. This protects your product, your chemical reaction, your advancement on the widget and much more. To receive a patent, you will need to show that your invention is “new, unique and usable.”
A trademark protects your brand
Here is where you protect your name and your logo, your company colors and more. The goal with this type of protection is to avoid confusion by consumers and eliminate companies basically calling themselves the same name.
One of the difficulties with trademarks is there are two types of trademarks: word marks and design marks. The word mark protects your name. The design mark protects your logo. Both can be essential.
What do I need to do to protect my brand?
There are a couple of things you can do to protect your brand, especially when you are first starting your business. One of the things we do for any new business is do a search for trademarks, especially when naming restaurants.
The United States Patent and Trademark Office makes a basic search relatively simple through the TESS database. Performing an individual search can give you basic information, but it is still critical to have an attorney review the results. After all, there are 35-word marks for “Mickey Mouse.” Not all will apply to you and there may be an opportunity for you to use your dream name, even if it appears in TESS.
Of course, if your name is already trademarked in your industry, do not use it. Chances are, you will have to rename your business down the road.
Once you have applied, it is important to aggressively defend your protection. Often times, a simple demand letter can stop the possible infringement. Sometimes you will need to file a lawsuit for protection.
The key here is that you are showing others – especially future courts – this is your brand and you will protect it. The longer you allow others to use your brand, the easier it is for that person to claim it is in the public interest.
You do not want that to happen!
That is why you see so many companies being very active in protecting their trademarks. Just look up “trademark lawsuit” by just about any company and you will find multiple news reports of lawsuits.
Of course, this also means that if you want to get close to an established trademark, you are going to be prepared for a fight. Here is an example of where Apple sued just about anyone who tried to file a trademark using an apple. In fact, they filed objections to 215 trademark filings that were close to the logo of the iPhone.
They are counting on people not fighting back.
But that is what The Orlando Law Group is here for. We will fight to protect your company’s intellectual property, from filing for protection and to protect your brand.
And if you want to use Steamboat Willie in your 2024 marketing campaign within the legal format, we will fight for your right to do just that!
If you are looking to protect your intellectual property in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Sanford, Lake Nona, St. Cloud, or Kissimmee, we are here to help you with a full team of attorneys who care about you and your business and will work for the best possible outcome.
If you would like to schedule a consultation for a business issue like the ones described earlier, this information is in case you ever find yourself or a loved one needing to use it.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Happy new year to all of our wonderful clients, team members and more! The coming of a new year brings with it excitement, new beginnings, and perhaps most importantly, many changes. With the dawning of the year 2023, there are many key changes to Florida state law which took effect on January 1.
Several of these changes are likely to affect business owners in a variety of ways.
As a business owner, it is important for you to have knowledge about these changes and understand how these changes may affect you and your business in the new year. Read on to learn more about what specific changes will be taking effect, and how these changes may affect your business.
Disaster Assistance:
In response to the devastating 2021 collapse of the Champlain Towers South building in Surfside, Florida, state lawmakers authorized the refund of ad valorem taxes, more commonly known as property tax rebates, when residential properties are rendered uninhabitable for a minimum of 30 days by disasters.
During the December special session, state lawmakers also passed SB 4-A to make similar property tax rebates available to property owners who sustained damage in Hurricane Ian and Hurricane Nicole this past Fall.
Read the full text of SB 4-A here: https://www.flsenate.gov/Session/Bill/2022A/4A.
How does this change affect my business?
If your business suffered damage during Hurricane Ian or Hurricane Nicole this past Fall, you may be able to receive a tax refund. Property owners will be able to apply to county property appraisers between January 1 and April 1, 2023.
Property Insurance:
During the December special session, Florida lawmakers approved the end of the assignment of benefits for property insurance, which has long been considered controversial. The practice of the assignment of benefits has homeowners signing over claims to contractors, who then pursue payments from insurers.
Essentially, part of a policyholder’s insurance benefits is transferred to a third-party. Insurers have long argued that this practice leads to unnecessary repairs being performed along with increased repair costs, as well as increased litigation costs, which, all together, then lead to higher insurance premiums.
Read the full text of SB 2-A here: https://www.flsenate.gov/Session/Bill/2022A/2A
How does this change affect my business?
Business owners will no longer be able to utilize the practice of the assignment of benefits, which could lead to lower insurance premiums. This change could particularly impact those in the business of commercial real estate or landlords. The prohibition on assignment of benefits (SB 2-A) will apply to policies issued on or after January 1, 2023.
Workers’ Compensation Rates:
An average 8.4 percent decrease in workers’ compensation insurance rates is taking effect this January, making this the sixth consecutive year that average workers’ compensation rates have decreased.
How does this change affect my business?
This change is a positive one for business owners, as it means lower insurance costs for employers. The decrease applies to both new and renewal workers’ compensation insurance policies effective in Florida as of January 1, 2023.
Miya’s Law:
Earlier this past year, Florida lawmakers passed a law (SB 898) that requires apartment landlords to conduct thorough background checks on all employees. Employees must also maintain a system for handling and logging the issuing of keys.
The bill is referred to “Miya’s Law” in honor of 19-year-old Miya Marcano, a student who went missing from her Orlando apartment in September of 2021 and was found dead a week later. The killer worked as a maintenance worker at Marcano’s apartment complex.
Read the full text of SB 898 here: https://www.flsenate.gov/Session/Bill/2022/898
How does this change affect my business?
This change will affect commercial real estate business owners and landlords in general. Landlords will need to conduct thorough background checks on all employees and ensure there is a system in place for the handling and issuing of keys, to secure the safety of their tenants.
Minimum Wage Increase:
In November of 2020, Florida voters approved increases to the state’s minimum wage, which will gradually increase from the current $8.65 an hour to $15 an hour by September of 2026. To comply with the law, employers must follow the below hourly wage schedule for non-tipped employees:
Effective Date
January 1, 2021
September 30, 2021
September 30, 2022
September 30, 2023
September 30, 2024
September 30, 2025
September 30, 2026
Florida Minimum Wage
$8.65
$10.00
$11.00
$12.00
$13.00
$14.00
$15.00
How does this change affect my business?
While this change will not directly affect your business until September 30, 2023, it is important for business owners to plan for increasing their wages for non-tipped employees to $12.00 an hour on that date.
Uniform Commercial Code:
Bill SB 336 updates portions of the Uniform Commercial Code, or UCC. The UCC is “a set of laws, adopted by all fifty states, governing and providing uniformity in commercial transactions in the United States.” This bill protects the free transfer of certain business interests, exempting ownership and parts of ownership interest.
Read the full text of SB 336 here: https://www.flsenate.gov/Session/Bill/2022/336
How does this change affect my business?
This change should be a good one for business owners as it hopes to remove potential conflicts with Article 9 of the UCC, which “governs secured transactions, meaning transactions involving the granting of credit secured by personal property (‘collateral’), where the creditor may take possession of the collateral if the debtor defaults on the loan.” Essentially, this change protects the transfer of business interests.
Electronic Filing of Taxes:
Lawmakers have approved a bill which would lower Florida’s tax filing and payment threshold in 2023, in the hopes of creating more cost savings and cutting down the number of papers returned and checks received. Currently, taxpayers must “file returns and remit payments electronically when the amount of taxes paid in the prior state fiscal year was $20,000 or more.” With the new law, the payment threshold will be lower to $5,000 or more.
Read the full text of SB 2514 here: https://www.flsenate.gov/Session/Bill/2022/2514
How does this change affect my business?
This should be another good change for business owners, as it will make it easier for business owners to file their taxes electronically.
The attorneys at The Orlando Law Group represent both experienced and new business owners throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida. Whatever your level of business experience, the lawyers at The Orlando Law Group are here for you.
If you are dealing with a business issue or looking for some preventative business legal services, please reach out to our office at 407-512-4394, fill out our online contact form.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola, and West Orange counties to assist you.
During the pandemic, our country saw a shift from the traditional 9 -5 employees to the gig economy, with companies looking at hiring independent contractors instead of employees.
We have seen entire companies, like Uber and Lyft, where the business model is structured with independent contractors. But we also see businesses utilize independent contractors for CFO positions, for marketing, public relations and for sales.
For both parties, the independent contractor relationship can be beneficial. For individuals, it provides freedom for work. An independent contractor can work when they want and for who they want. There is very little control the company can exert over the independent contractor.
From a business perspective, the tax burden is significantly lower as you do not withhold any taxes or pay any employment taxes, and the independent contractor is responsible for equipment, such as computers and phones.
While there are advantages, a miscalculation can be serious. If you treat an independent contractor like an employee, you could be responsible for a significant payout for wages and taxes if the contractor decides to take the case to court. The state can also pursue your business for other fees.
It is always better to take preemptive steps to ensure the people working for your business are properly classified. We urge you to have The Orlando Law Group review your contractors and their duties to make sure they are within the current law. We will create contracts that outline the responsibilities of each party and the goals of the contract. We will create an employee manual that covers the difference between the employee statuses and will provide rules to the extent that you can for contractors.
Unfortunately, however, what determines who is an independent contractor has changed significantly over the past couple of years by the United States Department of Labor.
The Orlando Law Group is carefully watching these developments to make sure our clients are protected. If you need help with independent contractors in Orlando, Winter Garden, Altamonte Springs, St. Cloud, Kissimmee, Sanford or throughout Central Florida, we are here to help you with a full team of attorneys who are business owners themselves.
In March 2021, the federal government issued new rulings detailing a set of factors that come into play when determining whether a worker is an employee or an independent contract. However, case law in this issue has been set over decades of cases that the federal government needs to look at the totality of the case and that all factors are equal.
The current orders give precedence to some factors over others. Shortly after issuing the new regulations, they realized it would be confusing for businesses and would take years to get new case law that allows for some factors to have more importance than others.
The result? New regulations will be enacted in some format during 2023.
One thing that has not changed is the overriding theme of what constitutes an employee or an independent contractor: economic dependence is the ultimate inquiry for determining whether a worker is an independent contractor or an employee.
This year, the Department of Labor has proposed six factors, all being held equally in an “Economic Reality Test.” The factors are:
- Opportunity for profit or loss. If the individual can control its profit or loss based solely on the skills, management and initiative of the individual. For instance, an independent contractor can hire others to do the work in the contractor. An employee cannot.
- Investments by the Worker and the Employer. This is straightforward. If the company is providing the equipment and other items needed to complete a job, like design software for a graphic artist, the individual is an employee. An independent contractor provides their own tools for their work.
- Degree of Permanence of the Work Relationship. Is the relationship temporary or indefinite? For employees, there usually is no end date and can be terminated at any time by either party. Usually, an independent contractor is only engaged for a specific period.
- Nature and Degree of Control. The new rule could be very specific for this one. Do you have substantial control over things like “setting schedules, selecting projects, controlling workloads, and affecting the worker’s ability to work for others?” If so, the person is an employee, not an independent contractor.
- The Extent to Which the Work Performed is an Integral Part of the Employer’s Business. It’s difficult to say what is truly integral to the company business, but you could think of it as if you removed the employee from the company, how detrimental it would be to your bottom line and the ability to produce.
- Skills and Initiative. Does the work performed by the individual require specific skills and training? If so, do you provide that training to the individual? If you do, chances are that person is an employee, not an independent contractor.
While the federal government has ended public comment, these are not the final rules and they could change when the Department of Labor issues the final rulings. It is important for you to know the regulations on this subject are changing and you should be prepared to make any adjustments.
You can read significantly more details about the proposed rule change in the Federal Registry here. But, that is what The Orlando Law Group does for its clients.
The attorneys at The Orlando Law Group represent business clients in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, Sanford, St. Cloud, Kissimmee, and throughout Central Florida.
If you have a question about your employees and whether they are independent contractors, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both businesses and individuals alike.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Reserve funds are a key financial asset for your association, and provide a valuable source of funding for costly repairs, replacements and emergencies. Despite the importance of this resource, many Condominium Owners Associations are unsure as to what is needed to fund their reserve. Specifically, this blog will address two (2) concerns:
(1) What is required to fund the reserve account; and
(2) Requirements imposed by the newly passed Senate Bill 4D condominium inspection law as well as recent amendments to a significant portion of Florida Statutes Section 718, and how these will impact the operation of Condominium Owners Associations here in Florida.
What Is Reserve Funding? What Is Required to Fund the Reserve Account?
Reserve Funding is essentially a savings account for your association used to save money for costly repairs and replacements of community property. Think of it as the Association’s piggy bank or rainy-day jar. Reserve funds are typically spoken of as being held in one of two ways: pooled reserves and non-pooled reserves. Pooled reserves are funding for multiple assets (roofs, sidewalks, etc.) that are combined into one general account from which all expenses are paid. Non-pooled reserves are when each asset has its own account dedicated to its repairs and upkeep. Funds cannot be transferred under a non-pooled reserve method. Reserve accounts are often found to be underfunded significantly for the amount that could and should be done to keep the association’s community property in good working order.
As of December 31, 2024, for items required to be included in a Structural Integrity Reserve Study (more on this briefly), an Association may no longer use those itemized reserve funds (or any interest accruing thereon) for other purposes, and an Association may only use those itemized reserve funds for their designated purposes. Essentially, the use of pooled reserve funds has been eliminated by the amendment of Florida Statutes Section 718.
Recently, the Florida Senate rewrote and amended a significant portion of Florida Statutes Section 718, including the portion regarding reserve funding or a lack thereof. Florida Statutes Section 718.112(2)(f)(2a) reads:
“The members of a unit-owner-controlled association may determine, by a majority vote at a duly called meeting of the association, to provide no reserves or less reserves than required by this subsection. Effective December 31, 2024, the members of a unit-owner-controlled association may not determine to provide no reserves or less reserves than required by this subsection for items listed in paragraph (g).”
Paragraph g of the Florida Statutes Section 718.112(2) as noted by the above section states: An association must have a structural integrity reserve study completed at least every 10 years after the condominium’s creation for each building on the condominium property that at a minimum, inspects the roofs, load-bearing walls or other primary structural members, floors, foundations, fireproofing and fire protection systems, plumbing, electrical systems, waterproofing and exterior painting, and windows.
So how may an Association Board go about changing their reserve funding? The board must present a proposed budget to the community assuming full reserve funding. For instance, let’s say an association seeks to reduce or waive their current reserve funding. The association cannot hold a vote to waive or reduce reserve funding until after a proposed budget with full reserve funding has been provided to the membership. If the board would like to put a vote on the table to reduce or waive reserves funding, then they should provide (along with the proposed budget which must be distributed 14 days prior to the budget meeting): (1) a second budget with waived or reduced reserves and (2) a limited proxy to be filled out by unit owners specifically requesting the membership to vote on the second budget. The proxy must include the following wording per Florida Statutes:
“WAIVING OF RESERVES, IN WHOLE OR IN PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.”
To successfully reduce or waive reserve funding, a majority of the membership (i.e., 51% of unit owners) must vote in favor of the reduction/ waiver. If by the time of the budget meeting arrives the association has received insufficient votes, the board may delay approving the budget to attempt to collect more votes. If a majority vote is not obtained, the board must approve the budget with full reserve funding. If a majority vote is obtained, the board must proceed with the waived or reduced reserve funding. It is important to note that any vote to waive or reduce reserves is only effective for one annual budget. Therefore, the vote must be obtained for every year the board would prefer not to fully fund reserves.
Senate Bill 4D
Senate Bill 4D was passed as a response to the tragedy in Surfside, Florida that occurred last year when a condominium building collapsed after a long history of maintenance problems and shoddy construction techniques. Senate Bill 4D was effective as of 05.26.2022 and entered fully into Chapter 2022-269 as of 06.29.2022, and the general bill reads as follows:
“Building Safety; Providing that the entire roofing system or roof section of certain existing buildings or structures does not have to be repaired, replaced, or recovered in accordance with the Florida Building Code under certain circumstances; requiring condominium associations and cooperative associations to have milestone inspections performed on certain buildings at specified times; authorizing local enforcement agencies to prescribe timelines and penalties relating to milestone inspections; revising the types of records that constitute the official records of a condominium association; prohibiting certain members and associations from waiving or reducing reserves for certain items after a specified date, etc.”
Specifically, a few sections should be noted to be of great importance with regard to the upkeep of the condominium buildings. Section 3 of Section 55.3899(2)(b) was added to define “substantial structural deterioration”. It defines substantial structural deterioration as distress that negatively affects a building’s general structural condition and integrity. But it does further note that the term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless a licensed engineer or architect performing inspection determines that such surface imperfections are a sign of substantial structural deterioration.
Further, concern has been expressed regarding the new “milestone inspection” requirement laid out by Senate Bill 4D. This Senate Bill does not require milestone inspections for condominium and cooperative buildings two stories or less. Per the latest revisions by the Florida Senate to Florida Statutes Section 718, condominium and cooperative buildings three stories and over must receive an inspection within a certain time frame that meets the new milestone inspection requirements for structural integrity. Those that are two or one story do not have to follow the set year inspection requirements, but one should be aware that lawmakers and legislators are looking closely at the condition of condominium buildings when it comes to resident safety.
However, as to balconies specifically, if the balcony is supported by items that hold general structural integrity, they are considered under the list to watch for substantial structural deterioration. If left unfixed and without inspection and a balcony structure fails or an individual is injured while the Board of Directions and Community Association Manager is aware of potential substantial structural deterioration regarding the balconies, then such a failure is a breach of an officers and directors’ fiduciary relationship to the unit owners under Florida Statutes Section. 718.111(1).
The attorneys at The Orlando Law Group represent condominium owners as well as COAs in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you are a condominium owner, or an Association board member, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both homeowners and Associations alike.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
In Florida, it is common for homeowners or condominium owners to live in a community with a Homeowners Association or a Condominium Owners Association, generally referred to as an HOA or a COA, respectively. Associations are commonly found in housing or property developments where people share a common area or amenities, such as:
- Planned or private neighborhoods.
- Subdivisions.
- Gated communities.
- Condominiums.
- Townhome complexes.
- Apartment buildings.
While the overall goal of most HOAs or COAs is to improve living standards within the community and maintain or increase property values, part of an HOA or COA’s responsibilities also include protecting the health, safety and welfare of the community which they serve. This mission is sometimes put to the test when an emergency situation arises within the community, such as during a natural disaster, during a health crisis such as a pandemic, or during a time of civil unrest. To include some more recent examples, many local HOAs and COAs faced challenges as to how to provide a proactive yet effective response during the COVID-19 pandemic and, more recently, during Hurricane Ian.
Certain emergency situations may call for a rapid response and thorough preparation from the HOA or COA in order to safeguard the wellbeing of the community. To this end, an Association’s ordinary powers can sometimes be expanded during times of emergency. These expanded powers are typically referred to as “emergency powers,” and can serve as a key source of guidance and leadership during crises.
The authority of HOAs and COAs to enforce their rules and regulations is rooted in statutory authority. Chapter 720 of the Florida Statutes empowers and controls the ability of HOAs to enforce their rules in Florida, whereas Chapter 718 of the Florida Statutes empowers and controls the ability of COAs to enforce their rules in Florida. In regard to the issue of emergency powers for HOAs and COAs, Florida Statute 720.316 provides guidance as to HOAs, while Florida Statute 718.1265 sheds light on powers for COAs.
As to emergency powers for HOAs, Florida Statute 720.316 states, in summary:
(1) To the extent allowed by law, unless specifically prohibited by the declaration or other recorded governing documents, and consistent with s. 617.0830, the board of directors, in response to damage or injury caused by or anticipated in connection with an emergency, as defined in s. 252.34(4), for which a state of emergency is declared pursuant to s. 252.36 in the area encompassed by the association, may exercise the following powers:
(a) Conduct board meetings, committee meetings, elections, or membership meetings, in whole or in part, by telephone, real-time videoconferencing, or similar real-time electronic or video communication after notice of the meetings and board decisions is provided in as practicable a manner as possible.
(b) Cancel and reschedule an association meeting.
(c) Designate assistant officers who are not directors.
(d) Relocate the association’s principal office or designate an alternative principal office.
(e) Enter into agreements with counties and municipalities to assist counties and municipalities with debris removal.
(f) Implement a disaster or an emergency plan before, during, or following the event for which a state of emergency is declared, which may include, but is not limited to, turning on or shutting off elevators; electricity; water, sewer, or security systems; or air conditioners for association buildings.
(g) Based upon the advice of emergency management officials or public health officials, or upon the advice of licensed professionals retained by or otherwise available to the board, determine any portion of the common areas or facilities unavailable for entry or occupancy by owners or their family members, tenants, guests, agents, or invitees to protect their health, safety, or welfare.
(h) Based upon the advice of emergency management officials or public health officials or upon the advice of licensed professionals retained by or otherwise available to the board, determine whether the common areas or facilities can be safely inhabited, accessed, or occupied.
(i) Mitigate further damage, injury, or contagion, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the common areas or facilities or sanitizing the common areas or facilities.
(j) Levy special assessments without a vote of the owners.
(k) Without owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association if operating funds are insufficient.
As to emergency powers for COAs, Florida Statute 718.1265 states, in summary:
To the extent allowed by law, unless specifically prohibited by the declaration of condominium, the articles, or the bylaws of an association, and consistent with s. 617.0830, the board of administration, in response to damage or injury caused by or anticipated in connection with an emergency, as defined in s. 252.34(4), for which a state of emergency is declared pursuant to s. 252.36 in the locale in which the condominium is located, may exercise the following powers:
(a) Conduct board meetings, committee meetings, elections, and membership meetings, in whole or in part, by telephone, real-time videoconferencing, or similar real-time electronic or video communication with notice given as is practicable.
(b) Cancel and reschedule any association meeting.
(c) Name as assistant officers persons who are not directors.
(d) Relocate the association’s principal office or designate alternative principal offices.
(e) Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal.
(f) Implement a disaster plan or an emergency plan before, during, or following the event for which a state of emergency is declared which may include, but is not limited to, shutting down or off elevators; electricity; water, sewer, or security systems; or air conditioners.
(g) Based upon advice of emergency management officials or public health officials, or upon the advice of licensed professionals retained by or otherwise available to the board, determine any portion of the condominium property or association property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.
(h) Require the evacuation of the condominium property in the event of a mandatory evacuation order in the locale in which the condominium is located.
(i) Based upon advice of emergency management officials or public health officials, or upon the advice of licensed professionals retained by or otherwise available to the board, determine whether the condominium property, association property, or any portion thereof can be safely inhabited, accessed, or occupied.
(j) Mitigate further damage, injury, or contagion, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus or contagion, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property.
(k) Contract, on behalf of any unit owner or owners, for items or services for which the owners are otherwise individually responsible, but which are necessary to prevent further injury, contagion, or damage to the condominium property or association property.
(l) Regardless of any provision to the contrary and even if such authority does not specifically appear in the declaration of condominium, articles, or bylaws of the association, levy special assessments without a vote of the owners.
(m) Without unit owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient.
Taking a closer look at both of the above statutes, it can be seen that emergency powers may only be exercised to the extent allowed by state and federal law, unless specifically prohibited by the governing documents of the Association. Furthermore, the Board of an Association may only exercise the above emergency powers in response to or in anticipation of an emergency, as defined in s. 252.34(4), for which a state of emergency is declared pursuant to s. 252.36 in the locale in which the Association is located. On the state level, a state of emergency may only be declared by executive order or proclamation of the Governor.
As such, it should be noted that the emergency powers an HOA or COA are limited, and the extent to which an HOA or COA can exercise these powers are always dependent on its governing documents, state law, and the nature of the emergency. Boards should also take into account that any emergency powers utilized by an HOA or COA Board must be exercised in a manner consistent with the board’s fiduciary duty to the community. An Association Board should be careful to balance its obligation to protect and look to the best interests of the community along with the limitations on its authority. A Board that over-extends its powers during an emergency may be viewed as domineering or even tyrannical, and is likely to lose the confidence and support of the community and its members.
However, the above language is not meant to scare Associations into never utilizing its emergency powers. After all, emergency powers were legally granted to HOAs and COAs for a reason – to protect the welfare of the community. HOAs and COAs should use their best discretion along with advice from expert legal counsel to determine what their emergency response should be. For instance, it may be wise for an Association to implement a disaster plan before, during or after an emergency, which could include turning off elevator or electrical systems at a designated time or organizing a volunteer team to help residents with reduced mobility to safely evacuate a disaster zone prior to an emergency. An Association could also conduct an emergency Board or member meeting to discuss a disaster response plan, for example.
In general, when preparing to respond to a disaster or emergency, advice and warnings issued by FEMA or other government agencies are a good place for an Association or Board to start. For instance, if FEMA is advising residents to evacuate, a COA or HOA, although it may lack the power to order homeowners to leave their homes, could use its communication channels, such as their website or social media pages, to spread the word and ensure all members have notice of FEMA’s directives.
The attorneys at The Orlando Law Group represent homeowners and condominium owners as well as HOAs and COAs in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you are a homeowner, condominium owner, or an Association board member, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both homeowners and Associations alike.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
Reserve funds are a key financial asset for your association, and provide a valuable source of funding for costly repairs, replacements and emergencies. Despite the importance of this resource, many Condominium Owners Associations are unsure as to what is needed to fund their reserve. Specifically, this blog will address two (2) concerns:
(1) What is required to fund the reserve account; and
(2) Requirements imposed by the newly passed Senate Bill 4D condominium inspection law as well as recent amendments to a significant portion of Florida Statutes Section 718, and how these will impact the operation of Condominium Owners Associations here in Florida.
What Is Reserve Funding? What Is Required to Fund the Reserve Account?
Reserve Funding is essentially a savings account for your association used to save money for costly repairs and replacements of community property. Think of it as the Association’s piggy bank or rainy-day jar. Reserve funds are typically spoken of as being held in one of two ways: pooled reserves and non-pooled reserves. Pooled reserves are funding for multiple assets (roofs, sidewalks, etc.) that are combined into one general account from which all expenses are paid. Non-pooled reserves are when each asset has its own account dedicated to its repairs and upkeep. Funds cannot be transferred under a non-pooled reserve method. Reserve accounts are often found to be underfunded significantly for the amount that could and should be done to keep the association’s community property in good working order.
As of December 31, 2024, for items required to be included in a Structural Integrity Reserve Study (more on this briefly), an Association may no longer use those itemized reserve funds (or any interest accruing thereon) for other purposes, and an Association may only use those itemized reserve funds for their designated purposes. Essentially, the use of pooled reserve funds has been eliminated by the amendment of Florida Statutes Section 718.
Recently, the Florida Senate rewrote and amended a significant portion of Florida Statutes Section 718, including the portion regarding reserve funding or a lack thereof. Florida Statutes Section 718.112(2)(f)(2a) reads:
“The members of a unit-owner-controlled association may determine, by a majority vote at a duly called meeting of the association, to provide no reserves or less reserves than required by this subsection. Effective December 31, 2024, the members of a unit-owner-controlled association may not determine to provide no reserves or less reserves than required by this subsection for items listed in paragraph (g).”
Paragraph g of the Florida Statutes Section 718.112(2) as noted by the above section states: An association must have a structural integrity reserve study completed at least every 10 years after the condominium’s creation for each building on the condominium property that at a minimum, inspects the roofs, load-bearing walls or other primary structural members, floors, foundations, fireproofing and fire protection systems, plumbing, electrical systems, waterproofing and exterior painting, and windows.
So how may an Association Board go about changing their reserve funding? The board must present a proposed budget to the community assuming full reserve funding. For instance, let’s say an association seeks to reduce or waive their current reserve funding. The association cannot hold a vote to waive or reduce reserve funding until after a proposed budget with full reserve funding has been provided to the membership. If the board would like to put a vote on the table to reduce or waive reserves funding, then they should provide (along with the proposed budget which must be distributed 14 days prior to the budget meeting): (1) a second budget with waived or reduced reserves and (2) a limited proxy to be filled out by unit owners specifically requesting the membership to vote on the second budget. The proxy must include the following wording per Florida Statutes:
“WAIVING OF RESERVES, IN WHOLE OR IN PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.”
To successfully reduce or waive reserve funding, a majority of the membership (i.e., 51% of unit owners) must vote in favor of the reduction/ waiver. If by the time of the budget meeting arrives the association has received insufficient votes, the board may delay approving the budget to attempt to collect more votes. If a majority vote is not obtained, the board must approve the budget with full reserve funding. If a majority vote is obtained, the board must proceed with the waived or reduced reserve funding. It is important to note that any vote to waive or reduce reserves is only effective for one annual budget. Therefore, the vote must be obtained for every year the board would prefer not to fully fund reserves.
Senate Bill 4D
Senate Bill 4D was passed as a response to the tragedy in Surfside, Florida that occurred last year when a condominium building collapsed after a long history of maintenance problems and shoddy construction techniques. Senate Bill 4D was effective as of 05.26.2022 and entered fully into Chapter 2022-269 as of 06.29.2022, and the general bill reads as follows:
“Building Safety; Providing that the entire roofing system or roof section of certain existing buildings or structures does not have to be repaired, replaced, or recovered in accordance with the Florida Building Code under certain circumstances; requiring condominium associations and cooperative associations to have milestone inspections performed on certain buildings at specified times; authorizing local enforcement agencies to prescribe timelines and penalties relating to milestone inspections; revising the types of records that constitute the official records of a condominium association; prohibiting certain members and associations from waiving or reducing reserves for certain items after a specified date, etc.”
Specifically, a few sections should be noted to be of great importance with regard to the upkeep of the condominium buildings. Section 3 of Section 55.3899(2)(b) was added to define “substantial structural deterioration”. It defines substantial structural deterioration as distress that negatively affects a building’s general structural condition and integrity. But it does further note that the term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless a licensed engineer or architect performing inspection determines that such surface imperfections are a sign of substantial structural deterioration.
Further, concern has been expressed regarding the new “milestone inspection” requirement laid out by Senate Bill 4D. This Senate Bill does not require milestone inspections for condominium and cooperative buildings two stories or less. Per the latest revisions by the Florida Senate to Florida Statutes Section 718, condominium and cooperative buildings three stories and over must receive an inspection within a certain time frame that meets the new milestone inspection requirements for structural integrity. Those that are two or one story do not have to follow the set year inspection requirements, but one should be aware that lawmakers and legislators are looking closely at the condition of condominium buildings when it comes to resident safety.
However, as to balconies specifically, if the balcony is supported by items that hold general structural integrity, they are considered under the list to watch for substantial structural deterioration. If left unfixed and without inspection and a balcony structure fails or an individual is injured while the Board of Directions and Community Association Manager is aware of potential substantial structural deterioration regarding the balconies, then such a failure is a breach of an officers and directors’ fiduciary relationship to the unit owners under Florida Statutes Section. 718.111(1).
The attorneys at The Orlando Law Group represent condominium owners as well as COAs in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you are a condominium owner, or an Association board member, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both homeowners and Associations alike.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
Homeowners or condominium owners, as members of a Homeowners Association or a Condominium Owners Association, generally referred to as an HOA or a COA; do have the right to request and review the “official records” of the Association. But what can and can’t owners request? What are the “official records of the Association?”
First, let’s look at what “official records” means. Pursuant to Florida Statute 720.303(4), (the statute governing HOAs):
“OFFICIAL RECORDS.—The association shall maintain each of the following items, when applicable, which constitute the official records of the association:
(a) Copies of any plans, specifications, permits, and warranties related to improvements constructed on the common areas or other property that the association is obligated to maintain, repair, or replace.
(b) A copy of the bylaws of the association and of each amendment to the bylaws.
(c) A copy of the articles of incorporation of the association and of each amendment thereto.
(d) A copy of the declaration of covenants and a copy of each amendment thereto.
(e) A copy of the current rules of the homeowners’ association.
(f) The minutes of all meetings of the board of directors and of the members, which minutes must be retained for at least 7 years.
(g) A current roster of all members and their mailing addresses and parcel identifications. The association shall also maintain the electronic mailing addresses and the numbers designated by members for receiving notice sent by electronic transmission of those members consenting to receive notice by electronic transmission. The electronic mailing addresses and numbers provided by unit owners to receive notice by electronic transmission shall be removed from association records when consent to receive notice by electronic transmission is revoked. However, the association is not liable for an erroneous disclosure of the electronic mail address or the number for receiving electronic transmission of notices.
(h) All of the association’s insurance policies or a copy thereof, which policies must be retained for at least 7 years.
(i) A current copy of all contracts to which the association is a party, including, without limitation, any management agreement, lease, or other contract under which the association has any obligation or responsibility. Bids received by the association for work to be performed must also be considered official records and must be kept for a period of 1 year.
(j) The financial and accounting records of the association, kept according to good accounting practices. All financial and accounting records must be maintained for a period of at least 7 years. The financial and accounting records must include:
1. Accurate, itemized, and detailed records of all receipts and expenditures.
2. A current account and a periodic statement of the account for each member, designating the name and current address of each member who is obligated to pay assessments, the due date and amount of each assessment or other charge against the member, the date and amount of each payment on the account, and the balance due.
3. All tax returns, financial statements, and financial reports of the association.
4. Any other records that identify, measure, record, or communicate financial information.
(k) A copy of the disclosure summary described in s. 720.401(1).
(l) Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by parcel owners, which must be maintained for at least 1 year after the date of the election, vote, or meeting.
(m) All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3.
(n) All other written records of the association not specifically included in this subsection which are related to the operation of the association.”
The above would constitute all of the “official records” of an HOA. Regarding the “official records” of a COA, pursuant to Florida Statute 718.111(12):
“OFFICIAL RECORDS.—
(a) From the inception of the association, the association shall maintain each of the following items, if applicable, which constitutes the official records of the association:
1. A copy of the plans, permits, warranties, and other items provided by the developer under s. 718.301(4).
2. A photocopy of the recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.
3. A photocopy of the recorded bylaws of the association and each amendment to the bylaws.
4. A certified copy of the articles of incorporation of the association, or other documents creating the association, and each amendment thereto.
5. A copy of the current rules of the association.
6. A book or books that contain the minutes of all meetings of the association, the board of administration, and the unit owners.
7. A current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers. The association shall also maintain the e-mail addresses and facsimile numbers of unit owners consenting to receive notice by electronic transmission. The e-mail addresses and facsimile numbers are not accessible to unit owners if consent to receive notice by electronic transmission is not provided in accordance with sub-subparagraph (c)3.e. However, the association is not liable for an inadvertent disclosure of the e-mail address or facsimile number for receiving electronic transmission of notices.
8. All current insurance policies of the association and condominiums operated by the association.
9. A current copy of any management agreement, lease, or other contract to which the association is a party or under which the association or the unit owners have an obligation or responsibility.
10. Bills of sale or transfer for all property owned by the association.
11. Accounting records for the association and separate accounting records for each condominium that the association operates. Any person who knowingly or intentionally defaces or destroys such records, or who knowingly or intentionally fails to create or maintain such records, with the intent of causing harm to the association or one or more of its members, is personally subject to a civil penalty pursuant to s. 718.501(1)(d). The accounting records must include, but are not limited to:
a. Accurate, itemized, and detailed records of all receipts and expenditures.
b. A current account and a monthly, bimonthly, or quarterly statement of the account for each unit designating the name of the unit owner, the due date and amount of each assessment, the amount paid on the account, and the balance due.
c. All audits, reviews, accounting statements, structural integrity reserve studies, and financial reports of the association or condominium. Structural integrity reserve studies must be maintained for at least 15 years after the study is completed.
d. All contracts for work to be performed. Bids for work to be performed are also considered official records and must be maintained by the association for at least 1 year after receipt of the bid.
12. Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by unit owners, which must be maintained for 1 year from the date of the election, vote, or meeting to which the document relates, notwithstanding paragraph (b).
13. All rental records if the association is acting as agent for the rental of condominium units.
14. A copy of the current question and answer sheet as described in s. 718.504.
15. A copy of the inspection reports described in ss. 553.899 and 718.301(4)(p) and any other inspection report relating to a structural or life safety inspection of condominium property. Such record must be maintained by the association for 15 years after receipt of the report.
16. Bids for materials, equipment, or services.
17. All affirmative acknowledgments made pursuant to s. 718.121(4)(c).
18. All other written records of the association not specifically included in the foregoing which are related to the operation of the association.
The above would thus all constitute the “official records” of a COA. Both statutes require that the Association, whether an HOA or a COA, maintains the official records of the Association from the Association’s inception. Certain records may only be required to be maintained for a certain period of time-for example, while most official records must be maintained for at least 7 years, Chapter 718 (COA Statute) requires that bids for work to be performed or for materials, equipment, or services must be maintained for at least 1 year after receipt of the bid.
The official records of the Association may, based on Florida statute, be requested by a parcel owner for inspection or photocopying. Requests for records must be sent in written form by certified mail, return receipt requested. This request must be fulfilled within 10 business days after receipt by the Board or its designee of a written request. Associations can also comply with this requirement by having a copy of the official records of the association available for inspection or copying on the condominium property or association property, such as at the community clubhouse, or the association may offer the option of making the records available to a unit owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.
The official records of the Association may be requested and inspected any association member or the authorized representative of such member at all reasonable times. This right includes the right to make or obtain copies, at the reasonable expense, if any, of the member. For COAs, a renter or tenant of a unit has the right to inspect and copy only the declaration of condominium, the association’s bylaws and rules, and the inspection reports described in ss. 553.899 and 718.301(4)(p).
However, while unit owners do have this right; this does not mean that the Association cannot set reasonable rules governing the inspection of Association records. Pursuant to Florida Statutes Chapters 718 and 720, an Association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but cannot require a unit owner to state a reason for the inspection. For example, an Association could limit unit owners to only making one records request per month.
Note that ONLY the official records of the Association can be requested and inspected by a unit owner. If a unit owner’s request falls outside the bounds of an official record, or if the unit owner’s request is too vague or unreasonable, the Association is not required to provide those records. As such, while owners do have a right to request official records; the Association is not required to provide unofficial records.
What else cannot be requested and inspected? Florida Statute 718.111(12)(c)(3) provides us with an answer for COAs:
“The following records are not accessible to unit owners:
a. Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege.
b. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a unit.
c. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records.
d. Medical records of unit owners.
e. Social security numbers, driver license numbers, credit card numbers, e-mail addresses, telephone numbers, facsimile numbers, emergency contact information, addresses of a unit owner other than as provided to fulfill the association’s notice requirements, and other personal identifying information of any person, excluding the person’s name, unit designation, mailing address, property address, and any address, e-mail address, or facsimile number provided to the association to fulfill the association’s notice requirements.
f. Electronic security measures that are used by the association to safeguard data, including passwords.
g. The software and operating system used by the association which allow the manipulation of data, even if the owner owns a copy of the same software used by the association. The data is part of the official records of the association.
h. All affirmative acknowledgments made pursuant to s. 718.121(4)(c).”
For HOAs, similar restrictions are applicable pursuant to Florida Statute 720.303(5)(c):
“The following records are not accessible to members or parcel owners:
1. Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege.
2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel.
3. Information an association obtains in a gated community in connection with guests’ visits to parcel owners or community residents.
4. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records.
5. Medical records of parcel owners or community residents.
6. Social security numbers, driver license numbers, credit card numbers, electronic mailing addresses, telephone numbers, facsimile numbers, emergency contact information, any addresses for a parcel owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the person’s name, parcel designation, mailing address, and property address.
7. Any electronic security measure that is used by the association to safeguard data, including passwords.
8. The software and operating system used by the association which allows the manipulation of data, even if the owner owns a copy of the same software used by the association. The data is part of the official records of the association.
9. All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3.”
All of the above is not considered as part of the official records of the Association and thus cannot be requested. An Association is not required to provide any of the above information to owners.
What happens if the Association fails to comply with a records request? It depends. In the case of an HOA, a member who is denied access to official records is entitled to damages or minimum damages for the association’s willful failure to comply with Florida Statutes 720.303. The minimum damages are $50 per calendar day up to 10 days, with the calculation beginning on the 11th business day after receipt of the written request. In the case of a COA, a unit owner who is denied access to official records is also entitled to damages or minimum damages for the association’s willful failure to comply with Florida Statutes 718.111. Minimum damages are $50 per calendar day for up to 10 days, with the calculation beginning on the 11th working day after receipt of the written request. A unit owner who prevails in an enforcement action may also be entitled to reasonable attorney’s fees from the Association or person in control of the records.
If you are a board member who is unsure as to what records you need to provide and what records you cannot provide to a unit owner, it may be helpful for you to seek the help of an Association law attorney as well. An experienced Association law attorney can be of great assistance to both homeowners or condominium owners and Association or board members alike.
The attorneys at The Orlando Law Group represent homeowners and condominium owners as well as HOAs and COAs in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you are a homeowner, condominium owner, or an Association board member, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both homeowners and Associations alike.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
As a homeowner or condominium owner and as a member of a Homeowners Association or a Condominium Owners Association, generally referred to as an HOA or a COA; you do have the right to request and review the “official records” of the Association. But what can and can’t owners request? What are the “official records of the Association?”
First, let’s look at what “official records” means. Pursuant to Florida Statute 720.303(4), (the statute governing HOAs):
“OFFICIAL RECORDS. The association shall maintain each of the following items, when applicable, which constitute the official records of the association:
(a) Copies of any plans, specifications, permits, and warranties related to improvements constructed on the common areas or other property that the association is obligated to maintain, repair, or replace.
(b) A copy of the bylaws of the association and of each amendment to the bylaws.
(c) A copy of the articles of incorporation of the association and of each amendment thereto.
(d) A copy of the declaration of covenants and a copy of each amendment thereto.
(e) A copy of the current rules of the homeowners’ association.
(f) The minutes of all meetings of the board of directors and of the members, which minutes must be retained for at least 7 years.
(g) A current roster of all members and their mailing addresses and parcel identifications. The association shall also maintain the electronic mailing addresses and the numbers designated by members for receiving notice sent by electronic transmission of those members consenting to receive notice by electronic transmission. The electronic mailing addresses and numbers provided by unit owners to receive notice by electronic transmission shall be removed from association records when consent to receive notice by electronic transmission is revoked. However, the association is not liable for an erroneous disclosure of the electronic mail address or the number for receiving electronic transmission of notices.
(h) All of the association’s insurance policies or a copy thereof, which policies must be retained for at least 7 years.
(i) A current copy of all contracts to which the association is a party, including, without limitation, any management agreement, lease, or other contract under which the association has any obligation or responsibility. Bids received by the association for work to be performed must also be considered official records and must be kept for a period of 1 year.
(j) The financial and accounting records of the association, kept according to good accounting practices. All financial and accounting records must be maintained for a period of at least 7 years. The financial and accounting records must include:
1. Accurate, itemized, and detailed records of all receipts and expenditures.
2. A current account and a periodic statement of the account for each member, designating the name and current address of each member who is obligated to pay assessments, the due date and amount of each assessment or other charge against the member, the date and amount of each payment on the account, and the balance due.
3. All tax returns, financial statements, and financial reports of the association.
4. Any other records that identify, measure, record, or communicate financial information.
(k) A copy of the disclosure summary described in s. 720.401(1).
(l) Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by parcel owners, which must be maintained for at least 1 year after the date of the election, vote, or meeting.
(m) All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3.
(n) All other written records of the association not specifically included in this subsection which are related to the operation of the association.”
The above would constitute all of the “official records” of an HOA. Regarding the “official records” of a COA, pursuant to Florida Statute 718.111(12):
“OFFICIAL RECORDS.
(a) From the inception of the association, the association shall maintain each of the following items, if applicable, which constitutes the official records of the association:
1. A copy of the plans, permits, warranties, and other items provided by the developer under s. 718.301(4).
2. A photocopy of the recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.
3. A photocopy of the recorded bylaws of the association and each amendment to the bylaws.
4. A certified copy of the articles of incorporation of the association, or other documents creating the association, and each amendment thereto.
5. A copy of the current rules of the association.
6. A book or books that contain the minutes of all meetings of the association, the board of administration, and the unit owners.
7. A current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers. The association shall also maintain the e-mail addresses and facsimile numbers of unit owners consenting to receive notice by electronic transmission. The e-mail addresses and facsimile numbers are not accessible to unit owners if consent to receive notice by electronic transmission is not provided in accordance with sub-subparagraph (c)3.e. However, the association is not liable for an inadvertent disclosure of the e-mail address or facsimile number for receiving electronic transmission of notices.
8. All current insurance policies of the association and condominiums operated by the association.
9. A current copy of any management agreement, lease, or other contract to which the association is a party or under which the association or the unit owners have an obligation or responsibility.
10. Bills of sale or transfer for all property owned by the association.
11. Accounting records for the association and separate accounting records for each condominium that the association operates. Any person who knowingly or intentionally defaces or destroys such records, or who knowingly or intentionally fails to create or maintain such records, with the intent of causing harm to the association or one or more of its members, is personally subject to a civil penalty pursuant to s. 718.501(1)(d). The accounting records must include, but are not limited to:
a. Accurate, itemized, and detailed records of all receipts and expenditures.
b. A current account and a monthly, bimonthly, or quarterly statement of the account for each unit designating the name of the unit owner, the due date and amount of each assessment, the amount paid on the account, and the balance due.
c. All audits, reviews, accounting statements, structural integrity reserve studies, and financial reports of the association or condominium. Structural integrity reserve studies must be maintained for at least 15 years after the study is completed.
d. All contracts for work to be performed. Bids for work to be performed are also considered official records and must be maintained by the association for at least 1 year after receipt of the bid.
12. Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by unit owners, which must be maintained for 1 year from the date of the election, vote, or meeting to which the document relates, notwithstanding paragraph (b).
13. All rental records if the association is acting as agent for the rental of condominium units.
14. A copy of the current question and answer sheet as described in s. 718.504.
15. A copy of the inspection reports described in ss. 553.899 and 718.301(4)(p) and any other inspection report relating to a structural or life safety inspection of condominium property. Such record must be maintained by the association for 15 years after receipt of the report.
16. Bids for materials, equipment, or services.
17. All affirmative acknowledgments made pursuant to s. 718.121(4)(c).
18. All other written records of the association not specifically included in the foregoing which are related to the operation of the association.
The above would thus all constitute the “official records” of a COA. Both statutes require that the Association, whether an HOA or a COA, maintains the official records of the Association from the Association’s inception. Certain records may only be required to be maintained for a certain period of time-for example, while most official records must be maintained for at least 7 years, Chapter 718 (COA Statute) requires that bids for work to be performed or for materials, equipment, or services must be maintained for at least 1 year after receipt of the bid.
The official records of the Association may, based on Florida statute, be requested by a parcel owner for inspection or photocopying. Requests for records must be sent in written form by certified mail, return receipt requested. This request must be fulfilled within 10 business days after receipt by the Board or its designee of a written request. Associations can also comply with this requirement by having a copy of the official records of the association available for inspection or copying on the condominium property or association property, such as at the community clubhouse, or the association may offer the option of making the records available to a unit owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.
The official records of the Association may be requested and inspected any association member or the authorized representative of such member at all reasonable times. This right includes the right to make or obtain copies, at the reasonable expense, if any, of the member. For COAs, a renter or tenant of a unit has the right to inspect and copy only the declaration of condominium, the association’s bylaws and rules, and the inspection reports described in ss. 553.899 and 718.301(4)(p). However, while unit owners do have this right; this does not mean that the Association cannot set reasonable rules governing the inspection of Association records. Pursuant to Florida Statutes Chapters 718 and 720, an Association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but cannot require a unit owner to state a reason for the inspection. For example, an Association could limit unit owners to only making one records request per month.
Note that ONLY the official records of the Association can be requested and inspected by a unit owner. If a unit owner’s request falls outside the bounds of an official record, or if the unit owner’s request is too vague or unreasonable, the Association is not required to provide those records. As such, while owners do have a right to request official records; the Association is not required to provide unofficial records. What else cannot be requested and inspected? Florida Statute 718.111(12)(c)(3) provides us with an answer for COAs:
“The following records are not accessible to unit owners:
a. Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege.
b. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a unit.
c. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records.
d. Medical records of unit owners.
e. Social security numbers, driver license numbers, credit card numbers, e-mail addresses, telephone numbers, facsimile numbers, emergency contact information, addresses of a unit owner other than as provided to fulfill the association’s notice requirements, and other personal identifying information of any person, excluding the person’s name, unit designation, mailing address, property address, and any address, e-mail address, or facsimile number provided to the association to fulfill the association’s notice requirements.
f. Electronic security measures that are used by the association to safeguard data, including passwords.
g. The software and operating system used by the association which allow the manipulation of data, even if the owner owns a copy of the same software used by the association. The data is part of the official records of the association.
h. All affirmative acknowledgments made pursuant to s. 718.121(4)(c).”
For HOAs, similar restrictions are applicable pursuant to Florida Statute 720.303(5)(c):
“The following records are not accessible to members or parcel owners:
1. Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege.
2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel.
3. Information an association obtains in a gated community in connection with guests’ visits to parcel owners or community residents.
4. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records.
5. Medical records of parcel owners or community residents.
6. Social security numbers, driver license numbers, credit card numbers, electronic mailing addresses, telephone numbers, facsimile numbers, emergency contact information, any addresses for a parcel owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the person’s name, parcel designation, mailing address, and property address.
7. Any electronic security measure that is used by the association to safeguard data, including passwords.
8. The software and operating system used by the association which allows the manipulation of data, even if the owner owns a copy of the same software used by the association. The data is part of the official records of the association.
9. All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3.”
All of the above is not considered as part of the official records of the Association and thus cannot be requested. An Association is not required to provide any of the above information to owners.
What happens if the Association fails to comply with a records request? It depends. In the case of an HOA, a member who is denied access to official records is entitled to damages or minimum damages for the association’s willful failure to comply with Florida Statutes 720.303. The minimum damages are $50 per calendar day up to 10 days, with the calculation beginning on the 11th business day after receipt of the written request. In the case of a COA, a unit owner who is denied access to official records is also entitled to damages or minimum damages for the association’s willful failure to comply with Florida Statutes 718.111. Minimum damages are $50 per calendar day for up to 10 days, with the calculation beginning on the 11th working day after receipt of the written request. A unit owner who prevails in an enforcement action may also be entitled to reasonable attorneys fees from the Association or person in control of the records.
If you, as a member of an HOA or COA, have submitted a records request to your Association, who has failed to comply with that records request, it may be helpful for you to seek the help of an Association law attorney. An experienced Association law attorney can be of great assistance to both homeowners or condominium owners and Association or board members alike.
The attorneys at The Orlando Law Group represent homeowners and condominium owners as well as HOAs and COAs in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you are a homeowner, condominium owner, or an Association board member, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both homeowners and Associations alike.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
As a homeowner or condominium owner and as a member of a Homeowners Association or a Condominium Owners Association, generally referred to as an HOA or a COA; you do have the right to request and review the “official records” of the Association. But what can and can’t owners request? What are the “official records of the Association?”
First, let’s look at what “official records” means. Pursuant to Florida Statute 720.303(4), (the statute governing HOAs):
“OFFICIAL RECORDS. The association shall maintain each of the following items, when applicable, which constitute the official records of the association:
(a) Copies of any plans, specifications, permits, and warranties related to improvements constructed on the common areas or other property that the association is obligated to maintain, repair, or replace.
(b) A copy of the bylaws of the association and of each amendment to the bylaws.
(c) A copy of the articles of incorporation of the association and of each amendment thereto.
(d) A copy of the declaration of covenants and a copy of each amendment thereto.
(e) A copy of the current rules of the homeowners’ association.
(f) The minutes of all meetings of the board of directors and of the members, which minutes must be retained for at least 7 years.
(g) A current roster of all members and their mailing addresses and parcel identifications. The association shall also maintain the electronic mailing addresses and the numbers designated by members for receiving notice sent by electronic transmission of those members consenting to receive notice by electronic transmission. The electronic mailing addresses and numbers provided by unit owners to receive notice by electronic transmission shall be removed from association records when consent to receive notice by electronic transmission is revoked. However, the association is not liable for an erroneous disclosure of the electronic mail address or the number for receiving electronic transmission of notices.
(h) All of the association’s insurance policies or a copy thereof, which policies must be retained for at least 7 years.
(i) A current copy of all contracts to which the association is a party, including, without limitation, any management agreement, lease, or other contract under which the association has any obligation or responsibility. Bids received by the association for work to be performed must also be considered official records and must be kept for a period of 1 year.
(j) The financial and accounting records of the association, kept according to good accounting practices. All financial and accounting records must be maintained for a period of at least 7 years. The financial and accounting records must include:
1. Accurate, itemized, and detailed records of all receipts and expenditures.
2. A current account and a periodic statement of the account for each member, designating the name and current address of each member who is obligated to pay assessments, the due date and amount of each assessment or other charge against the member, the date and amount of each payment on the account, and the balance due.
3. All tax returns, financial statements, and financial reports of the association.
4. Any other records that identify, measure, record, or communicate financial information.
(k) A copy of the disclosure summary described in s. 720.401(1).
(l) Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by parcel owners, which must be maintained for at least 1 year after the date of the election, vote, or meeting.
(m) All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3.
(n) All other written records of the association not specifically included in this subsection which are related to the operation of the association.”
The above would constitute all of the “official records” of an HOA. Regarding the “official records” of a COA, pursuant to Florida Statute 718.111(12):
“OFFICIAL RECORDS.
(a) From the inception of the association, the association shall maintain each of the following items, if applicable, which constitutes the official records of the association:
1. A copy of the plans, permits, warranties, and other items provided by the developer under s. 718.301(4).
2. A photocopy of the recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.
3. A photocopy of the recorded bylaws of the association and each amendment to the bylaws.
4. A certified copy of the articles of incorporation of the association, or other documents creating the association, and each amendment thereto.
5. A copy of the current rules of the association.
6. A book or books that contain the minutes of all meetings of the association, the board of administration, and the unit owners.
7. A current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers. The association shall also maintain the e-mail addresses and facsimile numbers of unit owners consenting to receive notice by electronic transmission. The e-mail addresses and facsimile numbers are not accessible to unit owners if consent to receive notice by electronic transmission is not provided in accordance with sub-subparagraph (c)3.e. However, the association is not liable for an inadvertent disclosure of the e-mail address or facsimile number for receiving electronic transmission of notices.
8. All current insurance policies of the association and condominiums operated by the association.
9. A current copy of any management agreement, lease, or other contract to which the association is a party or under which the association or the unit owners have an obligation or responsibility.
10. Bills of sale or transfer for all property owned by the association.
11. Accounting records for the association and separate accounting records for each condominium that the association operates. Any person who knowingly or intentionally defaces or destroys such records, or who knowingly or intentionally fails to create or maintain such records, with the intent of causing harm to the association or one or more of its members, is personally subject to a civil penalty pursuant to s. 718.501(1)(d). The accounting records must include, but are not limited to:
a. Accurate, itemized, and detailed records of all receipts and expenditures.
b. A current account and a monthly, bimonthly, or quarterly statement of the account for each unit designating the name of the unit owner, the due date and amount of each assessment, the amount paid on the account, and the balance due.
c. All audits, reviews, accounting statements, structural integrity reserve studies, and financial reports of the association or condominium. Structural integrity reserve studies must be maintained for at least 15 years after the study is completed.
d. All contracts for work to be performed. Bids for work to be performed are also considered official records and must be maintained by the association for at least 1 year after receipt of the bid.
12. Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by unit owners, which must be maintained for 1 year from the date of the election, vote, or meeting to which the document relates, notwithstanding paragraph (b).
13. All rental records if the association is acting as agent for the rental of condominium units.
14. A copy of the current question and answer sheet as described in s. 718.504.
15. A copy of the inspection reports described in ss. 553.899 and 718.301(4)(p) and any other inspection report relating to a structural or life safety inspection of condominium property. Such record must be maintained by the association for 15 years after receipt of the report.
16. Bids for materials, equipment, or services.
17. All affirmative acknowledgments made pursuant to s. 718.121(4)(c).
18. All other written records of the association not specifically included in the foregoing which are related to the operation of the association.
The above would thus all constitute the “official records” of a COA. Both statutes require that the Association, whether an HOA or a COA, maintains the official records of the Association from the Association’s inception. Certain records may only be required to be maintained for a certain period of time-for example, while most official records must be maintained for at least 7 years, Chapter 718 (COA Statute) requires that bids for work to be performed or for materials, equipment, or services must be maintained for at least 1 year after receipt of the bid.
The official records of the Association may, based on Florida statute, be requested by a parcel owner for inspection or photocopying. Requests for records must be sent in written form by certified mail, return receipt requested. This request must be fulfilled within 10 business days after receipt by the Board or its designee of a written request. Associations can also comply with this requirement by having a copy of the official records of the association available for inspection or copying on the condominium property or association property, such as at the community clubhouse, or the association may offer the option of making the records available to a unit owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.
The official records of the Association may be requested and inspected any association member or the authorized representative of such member at all reasonable times. This right includes the right to make or obtain copies, at the reasonable expense, if any, of the member. For COAs, a renter or tenant of a unit has the right to inspect and copy only the declaration of condominium, the association’s bylaws and rules, and the inspection reports described in ss. 553.899 and 718.301(4)(p). However, while unit owners do have this right; this does not mean that the Association cannot set reasonable rules governing the inspection of Association records. Pursuant to Florida Statutes Chapters 718 and 720, an Association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but cannot require a unit owner to state a reason for the inspection. For example, an Association could limit unit owners to only making one records request per month.
Note that ONLY the official records of the Association can be requested and inspected by a unit owner. If a unit owner’s request falls outside the bounds of an official record, or if the unit owner’s request is too vague or unreasonable, the Association is not required to provide those records. As such, while owners do have a right to request official records; the Association is not required to provide unofficial records. What else cannot be requested and inspected? Florida Statute 718.111(12)(c)(3) provides us with an answer for COAs:
“The following records are not accessible to unit owners:
a. Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege.
b. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a unit.
c. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records.
d. Medical records of unit owners.
e. Social security numbers, driver license numbers, credit card numbers, e-mail addresses, telephone numbers, facsimile numbers, emergency contact information, addresses of a unit owner other than as provided to fulfill the association’s notice requirements, and other personal identifying information of any person, excluding the person’s name, unit designation, mailing address, property address, and any address, e-mail address, or facsimile number provided to the association to fulfill the association’s notice requirements.
f. Electronic security measures that are used by the association to safeguard data, including passwords.
g. The software and operating system used by the association which allow the manipulation of data, even if the owner owns a copy of the same software used by the association. The data is part of the official records of the association.
h. All affirmative acknowledgments made pursuant to s. 718.121(4)(c).”
For HOAs, similar restrictions are applicable pursuant to Florida Statute 720.303(5)(c):
“The following records are not accessible to members or parcel owners:
1. Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege.
2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel.
3. Information an association obtains in a gated community in connection with guests’ visits to parcel owners or community residents.
4. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records.
5. Medical records of parcel owners or community residents.
6. Social security numbers, driver license numbers, credit card numbers, electronic mailing addresses, telephone numbers, facsimile numbers, emergency contact information, any addresses for a parcel owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the person’s name, parcel designation, mailing address, and property address.
7. Any electronic security measure that is used by the association to safeguard data, including passwords.
8. The software and operating system used by the association which allows the manipulation of data, even if the owner owns a copy of the same software used by the association. The data is part of the official records of the association.
9. All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3.”
All of the above is not considered as part of the official records of the Association and thus cannot be requested. An Association is not required to provide any of the above information to owners.
What happens if the Association fails to comply with a records request? It depends. In the case of an HOA, a member who is denied access to official records is entitled to damages or minimum damages for the association’s willful failure to comply with Florida Statutes 720.303. The minimum damages are $50 per calendar day up to 10 days, with the calculation beginning on the 11th business day after receipt of the written request. In the case of a COA, a unit owner who is denied access to official records is also entitled to damages or minimum damages for the association’s willful failure to comply with Florida Statutes 718.111. Minimum damages are $50 per calendar day for up to 10 days, with the calculation beginning on the 11th working day after receipt of the written request. A unit owner who prevails in an enforcement action may also be entitled to reasonable attorneys fees from the Association or person in control of the records.
If you, as a member of an HOA or COA, have submitted a records request to your Association, who has failed to comply with that records request, it may be helpful for you to seek the help of an Association law attorney. An experienced Association law attorney can be of great assistance to both homeowners or condominium owners and Association or board members alike.
The attorneys at The Orlando Law Group represent homeowners and condominium owners as well as HOAs and COAs in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you are a homeowner, condominium owner, or an Association board member, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both homeowners and Associations alike.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
Living in a community with a Homeowners Association or a Condominium Owners Association, generally referred to as an HOA or a COA, respectively, has its benefits as well as its drawbacks. No matter where you are from, we’re sure you’ve heard of some HOA or COA horror stories from a friend or family member. Although these stories can be intimidating for those looking to purchase property within an HOA or COA, oftentimes, these stories are not necessarily the norm for all Associations. In fact, while the vast majority of people living in a community Association are satisfied with their Association, according to a 2022 study by the Foundation for Community Association Research, there are many misconceptions about Associations perpetuated not only by homeowners or condominium owners, but even by Association board members themselves. In this article, we hope to dispel some of the many misconceptions surrounding Associations, and provide some clarity as to what an HOA or COA actually does and how they operate.
Misconception #1: An Association exists to control its residents and enforce unnecessary rules and regulations-even at the expense of the community and its residents.
First, let’s look at the ultimate purpose of an HOA or COA. An HOA or COA develops and enforces regulations and guidelines for its members, with the ultimate goal and purpose of providing structure to the community, preserve and enhance the community’s property values, and make sure the community is a pleasant and well-maintained place for its residents to live. Simply put, an Association exists for its members and for the community they inhabit. A good Association, run by a responsible and reasonable Board, is an incredible asset for their community and its residents, and can accomplish great things, making the community an overall better place to live.
Now, this is not to say that all Associations are “good” Associations. Some Associations fail to comply with statutory requirements, or do not take into account the opinions of the members. The good news is; there are countless protections and rights provided to homeowners and condominium owners while allow owners to hold their Association accountable for possible misdeeds. For example, under Florida Statute 720.303 for HOAs, and under Florida Statute 718.111 for COAs, unit owners have the right to request and inspect the official records of the Association. You can learn more about this right in our blog regarding HOA and COA records requests linked here. As another example, under the Fair Housing Act, it is illegal to prohibit individuals from moving into or renting in a neighborhood on the basis of sex, religion, disability, race, nationality, or familial status. If an HOA or COA violates this act, the Association may have severe charges pressed against it.
Furthermore, if you as an owner find yourself in dispute with your HOA or COA, you can hire an experienced Association law attorney review your situation and develop a strategy to assist you in resolving the dispute. The attorneys at The Orlando Law Group represent homeowners and condominium owners in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
Misconception #2: Associations exist only to make money and to levy high assessment fees against its members.
Many homeowners ask, why do I have to pay HOA or COA fees? And, where is that money going towards? When you purchase property located within the jurisdiction of an HOA or COA, you become a member of that Association, responsible for paying community expenses called Assessments or, more commonly, referred to as HOA dues or fees. These contributions are collected on a fixed time schedule (such as on a monthly, quarterly, or annual basis) to pay for standard maintenance and upkeep of the community’s facilities and common areas, as well as to improve the community by implementing new facilities and features. Simply put, HOA fees or dues provide the funding which allows the HOA or COA to enforce its rules and regulations as well as carry out its obligations, with the ultimate goal of making the community a more enjoyable place to live. Further, note that Association board members are not paid for serving as board members – serving on the board is a fully voluntary position for most Associations.
As such, HOA or COA funds have a clear purpose for being collected – they are instrumental for allowing Associations to run smoothly and efficiently, and to fulfill their responsibilities under the HOA’s governing documents. As a homeowner, you have a right to request and inspect your Association’s financial records to find out exactly where your assessment dues are going. HOAs and COAs alike are required to keep and maintain their financial records and to foster transparency within their community. If you are concerned or simply want to know what your money is being used for, you can submit a records request to your HOA or COA. You can learn more about this right in our blog regarding HOA and COA records requests linked here. To learn more about why your HOA and COA fees are being directed in certain ways, check out our blog “All About Homeowners and Condominium Owners Associations.”
Misconception #3: HOA or COA rules and regulations cannot be changed or amended.
HOA and COA rules and regulations as well as the governing documents of an Association are not set in stone, and can absolutely be amended or changed. As with many things, with time, certain rules or restrictions become outdated or no longer make sense. An Association and its members may seek to change these rules by amending them.
Each governing document is subject to their own amendatory procedure. Typically, amending the declaration or bylaws requires some form of an owner vote, whereas rules or regulations can be most often amended by the Board without an owner or member vote being necessary or required. Neither Chapter 718 or Chapter 720 of the Florida Statutes contains any requirement for owners to approve or vote on rules and regulations, assuming rulemaking authority has already been granted to the board.
However, this does not mean that owners have no say in the rules and regulations their Board chooses to implement. Association members have the ability to attend board meetings where they can share their opinions and raise any concerns regarding any agenda items the board plans to vote on, including rules and regulations. During a board meeting, property owners can submit a written request to amend or remove certain rules. The board will then review the request independently and come to a conclusion. The best board members will take the time to periodically review their governing documents to ensure everything is satisfactory and current. To learn more about amending HOA/COA documents, check out our blog on Amending HOA Documents and the Unlicensed Practice of Law here.
Misconception #4: Having a management company essentially replaces Association Board Members.
Many Associations, especially larger Associations, hire a management company to assist in the daily operations of the Association. As we previously noted, board members are not paid to serve on the Board, and the position is voluntary. Board members may have their own careers to attend to, and it may be impossible for board members to dedicate 100% of their time to the Association. This is where a management company may step in and take on some of the day-to-day operations of the Association, such as with accounting, property management, dealing with violations, and corresponding with unit owners. For example, perhaps an Association hopes to make the accounting and collections process more efficient and chooses to hire a management company to assist them.
Management companies can be wonderful tools for Associations to utilize in ensuring their daily operations run smoothly and efficiently; but they do not take the place of board members. Management companies cannot make decisions on behalf of the board; cannot amend HOA or COA documents, and cannot pursue legal action on behalf of the Association. The Association’s board members work in conjunction with the management company to improve the operations of the Association and better the community. As such, management companies serve not to replace board members, but instead to assist them in fulfilling the responsibilities of the Association and in serving their residents.
The attorneys at The Orlando Law Group represent homeowners and condominium owners as well as HOAs and COAs in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you are a homeowner, condominium owner, or an Association board member, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both homeowners and Associations alike.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
In Florida, it is common for homeowners or condominium owners to live in a community with a Homeowners Association or a Condominium Owners Association, generally referred to as an HOA or a COA, respectively. Associations are commonly found in housing or property developments where people share a common area or amenities, such as:
- Planned or private neighborhoods.
- Subdivisions.
- Gated communities.
- Condominiums.
- Townhome complexes.
- Apartment buildings.
As a homeowner or condominium owner living in an Association or as an Association board member (or, someone interested in one day becoming a board member), it’s important to have a general understanding of what an HOA or COA does, what an HOA or COA is responsible for, and how an HOA or COA operates. A key aspect of the operation of any HOA or COA is its governing documents, or the documents which control the administration and daily activities of an Association.
As a member of an Association, it’s very important for you to have reviewed and understood the governing documents of your Association and what rules those documents obligate you to follow. Typically, the “governing documents” of the community include the declaration of covenants, the articles of incorporation, the bylaws, and the rules and regulations. Some Associations may have more documents or policies, such as a landscaping policy or an Architectural Review Committee or Board policy.
The declaration is much like your Association’s “constitution” and sets forth the basic covenants and restrictions for the community. If you are looking at investing or renovating the home, make sure to review this document. For example, covenants include the obligation to pay assessments on time and be a member of the association. The requirement that your lot can only be used as a single family home, or can only be rented for certain minimum periods are examples of restrictions which may be found in your Declaration. These are just a couple of examples of restrictions which may be found in your declaration and affect you.
The articles of incorporation establish the Association’s existence, basic structure, and governance.
The bylaws govern the overall operation of the Association. Bylaws will typically address the composition of the Board, how meetings are called, how voting procedures work, and numerous other corporate procedures.
The rules and regulations usually act as a supplement to the covenants contained in the declaration, and typically address everyday matters, such as parking or use of the community’s recreational facilities.
Each governing document is subject to their own amendatory procedure. Typically, amending the declaration or bylaws requires some form of an owner vote, whereas rules or regulations can be most often amended by the Board without an owner or member vote being necessary or required. Neither Chapter 718 or 720 of the Florida Statutes contains any requirement for owners to approve or vote on rules and regulations, assuming rulemaking authority has already been granted to the board.
However, this does not mean that owners have no say in the rules and regulations their Board chooses to implement. Association members have the ability to attend board meetings where they can share their opinions and raise any concerns regarding any agenda items the board plans to vote on, including rules and regulations. To learn more about amending HOA/COA documents, check out our blog on Amending HOA Documents and the Unlicensed Practice of Law here.
A good example of this is having a few backyard chickens. As this practice has risen in popularity, Associations are working through the complexities of having a small chicken coop on their property. When your city or county approves backyard chicken coops, your Association may not allow it.
As we previously stated, it’s very important for you to have reviewed and understood the governing documents of your Association and what rules those documents obligate you to follow. When you purchase property located within the jurisdiction of an Association, you become a member of that Association and are thus required to follow the Association’s rules and restrictions set out in the Association’s governing documents.
If you were starting a new job, you would want to become familiar with your new job’s standard operating procedures or general rules for doing the job to ensure that you know what guidelines you need to follow in order to be successful. The same logic can be applied to your HOA or COA-you want to be familiar with the rules to ensure that you and your home are in compliance with the Association’s governing documents. Otherwise, if your home falls outside of compliance, and you do not correct the violation in a timely manner, you could be subject to fines and other penalties, which the Association would likely be within their legal right to enforce as laid out in their governing documents and Florida Statutes Chapter 718/720.
Nowadays, many HOAs or COAs have their own website which contains their governing documents for their residents to easily download and review. Or, you can request a copy of the Association’s official records by making a records request, which we will discuss in greater detail in our next blog.
The attorneys at The Orlando Law Group represent homeowners and condominium owners as well as HOAs and COAs in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you are a homeowner, condominium owner, or an association board member, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both homeowners and associations alike.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
Many homeowners ask, why do I have to pay HOA or COA fees? And, where is that money going towards? When you purchase property located within the jurisdiction of an HOA or COA, you become a member of that Association, responsible for paying community expenses called Assessments or, more commonly, referred to as HOA dues or fees. These contributions are collected on a fixed time schedule (such as on a monthly, quarterly, or annual basis) to pay for standard maintenance and upkeep of the community’s facilities and common areas, as well as to improve the community by implementing new facilities and features. Simply put, HOA fees or dues provide the funding which allows the HOA or COA to enforce its rules and regulations as well as carry out its obligations. Each Association and its Board determines how much residents have to pay each month, quarter or year by preparing a budget.
What do HOA fees cover?
Generally, HOA fees pay for the upkeep of common areas and facilities, including:
- Sidewalks/walkways.
- Parks.
- Lighting.
- Elevators.
- Pools.
- Clubhouses.
- Gyms or fitness centers.
HOA fees can also cover services for the community, such as:
- Lawn care and landscaping.
- Maintenance and repairs.
- Snow removal.
- Trash pickup.
- Security.
- Pest control.
- Insurance for common areas.
- Social events, such as block parties or holiday parties.
Often, part of your HOA or COA dues goes towards the Association’s reserve fund, which pays for upcoming maintenance or large-scale projects (such as building a new park), as well as provides funds for possible emergency repairs. Think of it as the Association’s piggy bank or rainy day jar. If your HOA or COA does not have enough money in its reserves and needs to pay for a repair or project, they can issue what is referred to as “special assessments.” Associations can also raise or lower Association fees at any time, if the Board approves. For example, many Associations needed to dip into those funds after the recent hurricanes to fix a brick wall or to remove a tree from the common area. These funds can also be used for special large-scale projects, such as building a new park or clubhouse for the community to enjoy.
All fees and special assessments are set by the board of directors based on the budget they want to spend. A multitude of decisions go into the annual budget, including increases in maintenance costs or long-term goals of new or renovated amenities. Of course, you have a voice in this. A proposed budget should be available to all members. You can go to your Association meetings and state your case for a different fee or budget. While this mostly happens once a year, Associations can also raise or lower association fees at any time, if the board approves.
As a member of the Association, you are required to pay HOA/COA fees or assessments, just like any other bill. If you forget a payment or fall on hard times, there may be a grace period; but this depends on the Association. After that grace period, expect to get a friendly collection letter, late fees, and possible interest applied to your account.
What happens if you don’t pay your HOA/COA fees? If you receive collections letters and warnings and still don’t pay your HOA/COA dues, the Board may choose to take further legal action. This can include:
- Collections: If your HOA/COA sends your past-due account to a collections agency or some other mechanism to collect the overdue funds, it can damage your credit score.
- Liens: If your HOA/COA puts a lien on your property, that can come up in a title search and make it difficult to sell your house if you hope to move. Most Associations have the legal right to place a lien on a home or unit to secure the payment of past due assessments. To learn more about the Association collections process, read our blog “The Ins and Outs of the Association Collections Process.”
- Lawsuits: The HOA can sue you for unpaid dues in some states, including in Florida. This could end in wage garnishment or a levy against your bank account.
- Foreclosure: In some cases, your HOA may be able to foreclose on your property based on its covenants and state law. Remember, in a foreclosure action, the primary goal of the Association is not to take title to a property but to force a sale on that property so that the Association can retrieve the money owed to the Association.
If you come up tough times financially and have trouble paying your fees, contact your HOA or COA board to schedule a meeting. You may be able to work out a payment plan to see you through tough times. It’s always preferable to work out a payment plan rather than to continue not paying and allow late fees and interest to rack up on your account. In some cases, these late fees and interest can one day amount to even more than the actual assessment amounts which are past due.
The attorneys at The Orlando Law Group represent homeowners and condominium owners as well as HOAs and COAs in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you are a homeowner, condominium owner, or an Association board member, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both homeowners and Associations alike.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
In Florida, it is common for homeowners or condominium owners to live in a community with a Homeowners Association or a Condominium Owners Association, generally referred to as an HOA or a COA, respectively. Associations are commonly found in housing or property developments where people share a common area or amenities, such as:
- Planned or private neighborhoods.
- Subdivisions.
- Gated communities.
- Condominiums.
- Townhome complexes.
- Apartment buildings.
As a homeowner or condominium owner living in an Association or as an Association board member (or, someone interested in one day becoming a board member), it’s important to have a general understanding of what an HOA or COA does, what an HOA or COA is responsible for, and how an HOA or COA operates.
First, what does an HOA or COA do, and what is the general purpose of an HOA or COA? While each and every HOA or COA is slightly different and may operate in slightly different ways, the overall purpose of any HOA or COA is the same. An HOA or COA is an organization that develops and enforces rules and guidelines for properties and residents living within a subdivision, planned community, or condominium. Generally, an Association is made up of and operated by residents of the community, who are elected by fellow members of the Association. Those who are elected to run an HOA or COA are usually referred to as the HOA or COA’s Board, or “Board of Directors.” When you purchase property located within the jurisdiction of an HOA or COA, you become a member of that Association, and are required to follow the rules and regulations associated with that Association.
An HOA or COA develops and enforces regulations and guidelines for its members, with the ultimate goal and purpose of providing structure to the community, preserve and enhance the community’s property values, and make sure the community is a pleasant and well-maintained place for its residents to live. An HOA or COA may, and commonly does, hire a property manager or property management company to assist in carrying out the everyday operations of the Association. This property manager is typically known as a Community Association Manager, or CAM.
The responsibilities of an HOA or COA may include (but are not limited to) any of the following:
Develop and Enforce Rules and Regulations
- Develop and approve covenants, conditions, rules, and bylaws, as well as amend old rules and regulations when necessary
- Hear complaints from residents and make decisions as to how to handle disputes within the community
- Enforce penalties against residents if they do not comply with the Association’s rules and regulations in the form of fines or legal action
Hold Meetings and Communicate with Members
- Hold meetings for members, hear out concerns of the members, determine voting matters, vote on issues, elect a new Board, etc.
- Hold meetings for the Board of Directors
- Communicate with homeowners, property managers, attorneys, and other personnel
- Planning events or social activities.
Oversee the Finances of the Community
- Set annual and/or monthly budget with input from owners
- Keep and maintain financial records
- Set and collect assessment fees
- Pursue collections against homeowners who do not pay their assessments on time
- Maintain a reserve of funds
- Allocate spending for insurance coverage
Maintain the Neighborhood
- Budget for upkeep and maintenance
- Collect bids from contractors for maintenance
- Schedule and arrange inspections
- Respond to emergencies
Some HOAs or COAs are voluntary, while others are mandatory. Voluntary HOAs/COAs are optional to join, but members can access shared amenities, like a clubhouse, gym, or pool. In most cases, if you don’t join the Association, you don’t get the perks. Mandatory HOAs/COAs are exactly as they sound-mandatory. If you purchase property in a mandatory HOA or COA, you must pay HOA/COA fees and follow the rules and regulations of that Association. When buying new property, you will want to know whether there is an Association, and whether that Association is mandatory or voluntary. Please note that throughout the rest of this blog, we will mainly be referring to mandatory Associations.
The authority of HOAs and COAs to enforce their rules and regulations is rooted in statutory authority by the state of Florida. Chapter 720 of the Florida Statutes empowers and controls the ability of HOAs to enforce their rules, whereas Chapter 718 of the Florida Statutes empowers and controls the ability of COAs to enforce their rules. While Chapters 718 and 720 are similar in many ways, there are some key differences; so if you are looking to learn more about the legal authority that grounds your HOA or COA, make sure that you are looking at the right chapter! While the Florida Statutes empower HOAs and COAs to enforce their rules, the Statutes also restrict HOAs and COAs in several key ways and provide rights to homeowners and condominium owners, such as the right to peacefully assemble, display the U.S. flag, request official Association records, and, in serious cases, the right to recall the Board.
While statutes set the framework for HOAs and COAs, every Association is different. After all, the rules of any community should be set by the community itself, not by politicians in Tallahassee. However, Associations must always adhere to the statutes which govern them.
The attorneys at The Orlando Law Group represent homeowners and condominium owners as well as HOAs and COAs in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you are a homeowner, condominium owner, or an Association board member, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both homeowners and Associations alike.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
One of the biggest obstacles to getting back on your feet financially are student loans. They usually have a very high interest rate and are very difficult to find relief through traditional methods, like bankruptcy.
Thankfully, there is relief on the way from the federal government. And, the attorneys from The Orlando Law Group are here to help you navigate.
First and foremost, do not fall for any scams or people calling asking for your forgiveness applications or from people and organizations that sound too good to be true. Just like so many other things, if it’s too good to be true, it probably is. If you have any questions about your student loans or people who approach you, please feel free to call.
While there are people trying to take advantage of you, student loan relief is absolutely real and you are probably eligible for some relief.
FIND OUT ABOUT YOUR STUDENT LOANS
The first thing you must do is find out what type of student loans you have. Not all student loans are the same and not all loans are eligible for relief.
To find out what type of loans you have, visit StudentAid.gov and update your information. You want to make sure you have a loan that is serviced by the United States Department of Education. Only those loans are eligible for relief currently.
Unfortunately, if you have a loan through the Federal Family Education Loan Program, you will not be eligible for the 10k or 20k relief, per a recent news release. These were loans taken out before 2010. These loans were made to students by nonprofits, banks, and other private lenders and guaranteed by the federal government. Some of the FFELP loans were converted to direct loans during the Great Recession, but not all of them. In fact, more than 11 million loans are the FFELP loans.
By submitting your information on the StudentAid.gov site, you will quickly know how you should proceed.
ACT QUICKLY FOR THE PSLF PROGRAM
If you are employed by a government or not-for-profit organization, you could possibly be eligible for the Public Service Loan Forgiveness program that can truly help your situation.
According to StudentAid.gov, you are eligible for relief under this act if:
- work full-time for that agency or organization.
- have Direct Loans (or consolidate other federal student loans into a Direct Loan).
- repay your loans under an income-driven repayment plan*; and
- make 120 qualifying payments.
If you think you qualify, sign up soon.
Plus, there is a program that you can utilize for relief – but the deadline is October 31, 2022. This program will provide credits for any payments you made during the pandemic. For more information, please review this site, but understand you must have been employed for a government entity or for a 501(c)(3) during that time period.
To be clear, serving in the military does qualify as having a government entity – so active military with student loans should review this as soon as possible.
UP TO $20,000 IN RELIEF FOR YOU
In August, the White House officially made a one-time student loan relief payment into law. The summary from the federal government is:
The U.S. Department of Education (ED) will provide up to $20,000 in debt relief to Federal Pell Grant recipients and up to $10,000 in debt relief to non-Pell Grant recipients. Borrowers with loans held by ED are eligible for this relief if their individual income is less than $125,000 (or $250,000 for households).
Applications for the program are now open. Go to studentaid.gov, log in and go to student loan forgiveness to complete a simple application. People who think they are eligible will need to apply by December 1 for this debt relief.
This link has a tremendous Q&A for your reference, but here are a couple of questions that maybe of interest to you.
- What kind of loans are eligible? The relief act specifically listed the following:
- William D. Ford Federal Direct Loan (Direct Loan) Program loans
- Federal Family Education Loan (FFEL) Program loans held by ED or in default at a guaranty agency
- Federal Perkins Loan Program loans held by ED
- Defaulted loans (includes ED-held or commercially serviced Subsidized Stafford, Unsubsidized Stafford, parent PLUS, and graduate PLUS; and Perkins loans held by ED)
- What if my spouse and I consolidated our loans? One of the best parts of the legislation was that you can separate out the two loans for relief meaning if both you and your spouse received Pell Grants along with student loans, you could be eligible for up to $40,000 in relief.
- What steps do I need to take now? Again, go to StudentAid.gov and make sure they have all your information. Plus, follow up with your servicer to make sure they have your current contact information.
- What if I haven’t made a payment in a while? Defaulted loans are eligible to receive the relief. Additionally, there has been discussion of a Fresh Start program for loans that are default. Watch for information on this around July 2023. You can also look for a new income repayment plan that will start around July 2023.
Like with everything the government does, it’s not always easy to obtain the relief that is offered. There will be lots of questions and often it will not be easy to get someone on the phone to ask your questions.
Of course, our attorneys are available to help you with this and other issues facing your finances. It’s important that you start the process as soon as possible to get them back in order and get you on track to success.
The attorneys at The Orlando Law Group represent clients with financial difficulties in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you would like to schedule a consultation for student loans, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
One of the most well-known practices of law is personal injury. After all, our TVs and highways are bombarded with advertisements promising big payouts from national law firms.
While the perception maybe that bigger is better, the attorneys at The Orlando Law Group know that more often than not, personal injury cases are about ensuring you receive the highest possible amount in the resolution for your particular injuries.
We believe the best way to accomplish those goals is to work with attorneys who partner with their clients and understand deeply what is most important to them.
However, the start of making that happen requires you to take the right steps to prepare for the case.
Here are 10 things you must do to position yourself for the best possible resolution of your personal injury case if you are in a car accident.
- Seek medical attention from a hospital, urgent care, physician or chiropractor right away. This is by far the single most important thing you can do. Don’t wait for pain to arrive thinking nothing is wrong. If you think you might have been injured, go visit a physician as soon as possible because if you do not go quickly, you might not be able to recover all of the damages you might be entitled to.
- Take photos. Your attorney will want to see any current conditions that surround your injury. Was it a wet floor or a cracked sidewalk? This may be the only way you can prove those conditions existed. Photos of the location, the incident, and your injuries (before and during healing) can all be essential in a potential injury case. If it is a car accident, photos of your car and any other cars are essential.
- Keep all correspondence, bills, medical records, and repair estimates. Create a separate file both on your computer and for hard copies. Print and save every medical record, medical bill, repair estimates, emails and letters that are connected to your accident.
- Even if you don’t believe someone is at fault, talk to an attorney. We’re trained to see things that could result in a favorable resolution to your case.
- Speak to an attorney before speaking to an insurance adjuster. It’s important to realize they are not looking out for you (even your own adjuster sometimes). Their goal is to try and pay you as little as possible for your injury – if at all.
- Don’t give recorded statements to insurance companies. Again, they are not your friend. They are trained to get you to say things that will hurt your case in the future. Don’t provide a statement without an attorney present.
- Don’t sign any settlement agreements with any insurance company. Did we say that insurance is not your friend? If you sign a settlement agreement, that is the end of the case, and it’s usually for much less than what you could have received if you are patient and retained an attorney.
- When you search for an attorney, ask to speak to the attorney. Most large firms do not connect attorneys with potential clients. Instead, you’re working with an intake specialist. Understand that if a lawyer won’t speak to you when they are asking for your business, chances are that will be the standard throughout the case too.
- Find an attorney you like and trust. A personal injury case can be emotional and complicated. You want to work with someone who you enjoy working with, not someone who talks over you or who doesn’t explain and take time to address your questions and concerns.
- Understand it takes time to get a resolution and it’s not always favorable. Personal injury cases have a lot of nuances and many steps to get to the final resolution. Be patient and understand our goal is to get you the best possible resolution as quickly as possible.
The team at The Orlando Law Group is here to help you. We take every case very personally and pride ourselves on working with our clients to help them and ensure they understand their options.
For instance, there was a woman who hired a large law firm. Suddenly, she got an email the firm had decided to close out her case without any further explanation.
It turned out there was no insurance available, meaning there was no money to go after for her injuries. However, The Orlando Law Group took the case and was able to get one of the parties to provide medical payments coverage to the client, so she received something to assist with medical bills. Otherwise, the client would have had to pay 100% of her medical bills out of pocket for an accident that she was not at fault for.
It was a pro bono case for The Orlando Law Group, but this woman was not just a number to us. She was a person who we could help, and we did because that is what we do.
Did you or a loved one sustain injuries in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, or Kissimmee? We’re here to help you with a full team of attorneys who care about you and your circumstance and treat you with compassion while seeking the best possible outcome for you and your loved ones. You’re not just a number at The Orlando Law Group.
The attorneys at The Orlando Law Group represent clients injured in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you would like to schedule a free consultation for personal injury, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Overview:
Florida has seen an influx of new residents in recent years. In 2020 alone, 167% more people were moving into the state as compared to those moving out of the state. With hundreds of thousands of people flocking to the Sunshine State, cherry red “For Sale” signs are popping up all around neighborhoods to entice buyers. A homeowner planning to sell their home without the assistance of a real estate agent may place a “For Sale By Owner” sign in their yard on their own, but more commonly, “For Sale” signs are placed by a real estate agent. There is no requirement that states a homeowner or real estate agent has to place a “For Sale” sign in the yard of the property being sold, but it is somewhat customary to do so. “For Sale” signs encourage word of mouth around the community and alert potential buyers, can be eye-catching and attractive marketing tools, and make it easier for buyers coming to attend an open house or showing to locate the property being sold. Real estate “For Sale” signs may not only assist in selling the property you are representing as an agent; they may also assist you in attracting future leads and the community as a whole, bringing in not only buyers to achieve your client’s goal of selling their home or property, but also drawing in other prospective clients to boost your professional reputation and career. These signs can be a phenomenal marketing and selling tool, but it is important to understand the rules, regulations, and best practices of signage in order to make the most of your “For Sale” sign!
Digging Laws:
An often-overlooked step in the sign process is the physical digging necessary to place the sign in the ground. The Underground Facility Damage Prevention and Safety Act, Chapter 556, Florida Statutes, requires anyone who is digging or disturbing the ground to call 811 (Florida specific: 800-432-4770) or go to sunshine811.com and have underground facilities marked no less than two full business days before beginning any digging. The service is free and was created in order to prevent damage to both people and property. According to Call Before You Dig , utility locators from this service typically come to your home within two to five days after they’ve been contacted, not counting weekends. If you do not contact 811 and you accidentally damage a utility line while placing your “For Sale” sign, you could be hit with hefty fines and held liable for any damages by the state Utilities and Transportation Commission. Bottom line: If you are a real estate agent working to sell a home in the state of Florida, be sure to factor the utility location process into your plans to get the perfect timing for placing that “For Sale” sign.
Other Important Considerations:
Each state, county, and municipality has its own laws regarding the placement of signs. Under Florida Statute §479.16(3), signs posted or displayed on real property by the owner stating that the real property is for sale or for rent do not typically require permits. The Municipal Code for the City of Orlando (64.254) states that real estate signs are permitted in all zoning districts, provided that only one sign is erected for each street frontage of the property offered for sale, lease, or rent. Additionally, many homeowners associations (HOAs), condominium associations (COAs), and gated communities may have restrictions as to what can be placed or displayed in your yard or in front of your client’s property. It is your responsibility as a real estate agent to do your research and/or ask your clients about any possible rules or restriction which may affect the place of your sign, and to ensure that you are using the correct size, height, etc., as well as to make sure that you place the sign in an authorized location. Once the house is sold, you are also responsible for removing your sign.
It is recommended to keep the “For Sale” sign towards the middle of the yard, away from any trees, bushes or foliage, and closer to the sidewalk for the greatest possible visibility. You should also keep in mind as to if any cars are typically parked around the house that may block the sign’s visibility to potential buyers. It is additionally important to have your phone number, email address or website posted on the sign to encourage contacts from interested buyers. Some agents may also include a smaller sign at the top or bottom of the primary sign with other helpful information, such as a QR code for taking a virtual tour of the property, the property’s open house schedule, the listing price, possible benefits to the buyer, and features of the home, such as the number of bedrooms or special features like a pool or garden. Make sure the sign in legible and easy to read, and does not include too much distracting or unnecessary information unrelated to the sale of the property. In this digital day and age, it is recommended to post a picture with the house and the for sale sign to your social media accounts (with the client’s permission, of course) so that possible buyers can see it there and message you if they are interested.
Overall:
There is a great deal to consider when determining the placement of your “For Sale” sign. Remember to always check local laws as well as possible HOA and COA restrictions regarding sign placement, so that you do not lose your sign or face large fees. If you have questions about anything discussed here or regarding any of your real estate legal needs, feel free to give us a call at 407-512-4394. You will reach our Waterford Lakes office, which can connect you to any of our other numerous locations. Our experienced attorneys would be happy to answer any questions that you have regarding real estate and real estate transactions.
A prenuptial agreement is a document that outlines what happens to a couple’s individual and jointly held property, assets, debts, and inheritance, should the parties ultimately decide a dissolution of marriage is necessary, or should one of the spouses predecease the other. Florida is an equitable distribution state, so in the event of a divorce assets are divvied according to what the court deems fair, provided there is no prenuptial agreement. The judge would take into consideration things such as the length of the marriage, whether there are children, as well as the couple’s age, health, job skills and other factors.
Why should you have a Prenuptial Agreement?
A prenuptial agreement is very useful if you want certain assets to remain within a familial blood line or if you desire a clear division between your assets/debts and those of your spouse. Although at first glance, proposing a prenuptial agreement to your spouse prior to marriage may appear business-like and transactional in nature, it is ultimately a means to ensure that your hard-earned assets remain yours. Furthermore, executing a prenuptial agreement prepared by an expert family law and estate planning attorney can help to significantly reduce the costs of litigation should a dissolution of marriage ever occur, as many of the issues that create a contentious atmosphere during a dissolution of marriage (excluding child support) will already have been delineated within the prenuptial agreement, to be upheld at the time of dissolution, or even death. Such agreements may even include who shall be held responsible for such litigation costs.
What can be agreed upon?
Florida Statute 61.079 is the primary statute governing the use of prenuptial agreements, and outlines the following issues that may be agreed upon within a prenuptial agreement:
1. The rights and obligations of each of the parties regarding any sole or jointly owned property, whenever, and wherever acquired or located;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3. Who gets what property should a separation, marital dissolution, or death occur;
4. Whether alimony is to be established, modified, waived or eliminated;
5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
6. Ownership rights in and disposition of the death benefit from a life insurance policy;
7. The choice of law governing the construction of the agreement; and
8. Any other matter, including the parties’ personal rights and obligations, not in violation of either the public policy of Florida or a law imposing a criminal penalty.
IMPORTANT TO NOTE: The right to child support or attempting to waive or limit child support cannot be prearranged and will not be upheld if it is included in a prenuptial agreement.
Validity
A prenup is valid and effective at the time of marriage, but may be held invalid upon a finding that:
- It was not VOLUNTARILY executed by one of the parties;
- It was a product of fraud, duress, coercion, or overreaching;
- A party was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
- A party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;
- A party did not have, or reasonably could not have had, adequate knowledge regarding the property or financial obligations of the other party; and
- The marriage is determined to be null and void.
What is a postnuptial agreement?
A postnuptial agreement is a contractual agreement outlining the distribution of each parties’ assets upon death or dissolution of the marriage. Similar to a prenuptial agreement in subject matter; the true distinction between a postnuptial agreement and a prenuptial agreement is that a postnuptial agreement is entered into by the parties after the marriage has taken place.
Validity
A postnuptial agreement is valid and effective at the time of execution. The following list of reasons a postnuptial agreement can be invalidated is not comprehensive and all encompassing, but includes as follows:
- The parties were not married at the time the agreement was entered;
- The agreement is not in writing signed by the two parties;
- The agreement was not entered into by the parties voluntarily;
- One party did not have adequate knowledge of the property or financial obligations of the other party;
- The agreement does not contain a consideration;
- The agreement is not signed in the presence of two witnesses and a notary.
Why should you have a postnuptial agreement?
Many times, parties accumulate more assets during their marriage versus when they were single, and never even consider the idea that a prenuptial agreement may be beneficial. A postnuptial agreement will allow for the clear distribution of old and new assets accumulating before, during and after the marriage, as well as old and new debts, including joint debts, without the significant stress of dividing everything by way of court proceedings.
Wills and Estate Planning
Should one of the spouses predecease the other, the terms within a prenuptial or postnuptial agreement regarding rights of a surviving spouse to the following: an elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative of an intestate estate or any other such rights; which were properly waived in a prenuptial agreement or postnuptial agreement, may be upheld, so long as the agreement was in writing and was signed by the waiving party in the presence of two subscribing witnesses and a notary.
Creating a plan for your estate
If you have questions regarding prenups, postnups, wills, estate planning and more, please call us at 407.512.4394 to receive assistance with the aforementioned options or estate planning in general. Our experienced family law and estate planning attorneys would be happy to assist you in developing a plan to safeguard your hard-earned assets in the event and ensure that your will is followed should a dissolution of marriage become necessary, or should a spouse predecease the other.
Overview:
Did you know, a parent who fails to have a minor student who is under their care attend school regularly can be charged with a second-degree misdemeanor, punishable by imprisonment for up to 60 days and a fine up to $500? With back-to-school season upon us, it is important to understand school truancy laws across the state of Florida, the impact they have on lower income families, and the impact on children with special education accommodations.
Breaking Down the Law:
There is no clear national definition of truancy, as states are able to determine the number of absences and periods of time that make a child truant. Under Section 1003.26 of the Florida State Statute, truancy is defined as a juvenile offense that can be charged to anyone under the age of 16 who fails to attend school on a regular basis. Parents of truant students can also be held responsible under Section 1003.27 of the Florida State Statute. Florida Truancy laws state that any child between the ages of 6 and 16 must attend school. Once a child turns 16, they can file a formal declaration of intent to terminate school enrollment and are then no longer subject to compulsory education after the process is complete. However, anyone who has not yet turned 16 and fails to regularly attend school may eventually be deemed legally truant. The state of Florida considers a “habitual truant” to be any student of elementary school age through age 16 who has:
- Accumulated 15 or more unexcused absences in a three-month period;
- Without the knowledge of their parent or guardian; and
- Are subjected to compulsory school attendance.
Florida has begun to conduct truancy sweeps on parents/guardians, and many have been charged with contributing to the delinquency of a minor and failing to comply with attendance laws. Jacksonville, FL is particularly known for aggressively pursuing truancy. Since they have begun to conduct truancy sweeps on parents/guardians, school attendance is at a 10-year high. While parents can face jail time, counseling, and fines, children also face punishment of their own. If a child is cited for habitual unexcused absences, they may be taken directly to a juvenile detention center. The juvenile court can then issue several different types of punishments on minors including:
- Additional School: A truant student may be ordered to enroll in summer school or weekend classes in order to make up for the days of school missed.
- Drug Screening: The court will sometimes require truant teens to undergo random drug testing and a drug education class if drug abuse is suspected to be part of the reasons for truancy.
- Behavioral Therapy: A truant child may be required to attend counseling sessions.
- Juvenile Detention: There is a possibility that the court will order a teen to a detention center or group home, particularly if this is not their first offense.
- Probation: A court could place a teen on probation for a certain period of time where they would be required to periodically check in with a probation officer.
- Suspended License: Public schools are required to provide the Department of Highway Safety and Motor Vehicles with a truant student’s legal name, sex, date of birth, and social security number. These students may not be issued a driver’s license or learner driver’s license from the Department. If they already have a previously issued driver’s license or learner driver’s license, their license could be suspended.
Impact on Low Income Students:
The Center for American Progress found that in 2012, an estimated 7.5 million students were chronically absent nationwide and, according to several other studies, low-income students and students of color were more likely to be absent. Furthermore, research from Johns Hopkins University suggests that of the 15 percent of American students who are chronically absent, a quarter miss school primarily because their families can’t afford transportation or the students are expected to babysit younger siblings or care for sick relatives. The economic burdens that truant students’ families often already face can be compounded by the hefty fines they are ordered to pay under truancy laws.
Impact on Special Education Students:
Many children with learning disabilities are bullied in schools, leading some children scared to go to school out of fear that they might be bullied. This fear of bullying, along with additional challenges in school (such as feeling left behind or underchallenged) can cause special education students to not want to attend school. There can be some assistance in avoiding truancy penalties for special education students if they have an Individualized Education Plan (IEP). To learn more about Individualized Education Plans and how to navigate them, check out our previous blogs: Individualized Education Plan (IEP) and 504 Plan Eligibility in Florida & Individual Education Plan Enhanced: Our Top Five Tips.
For students with special education needs, further requirements to prevent truancy charges are provided by the Individuals with Disabilities Education Act (IDEA). Public School Districts are required to assess special education students in all areas related to their disability, including the student’s functional performance. Truancy is related to the student’s performance, thus, if a student with special education needs is truant, the school district must conduct a Functional Behavioral Assessment in order to determine the reason behind the truancy. Results of these assessments can be then utilized to develop an appropriate Positive Behavior Support Plan to address the truant behavior, hopefully avoiding steep financial penalties and jail time.
Overall:
Truancy laws can be difficult to navigate and oftentimes have a disproportionate impact on low income and special education students. At the Orlando Law Group, our attorneys help parents understand their legal rights and options for their child’s education. We represent parents in obtaining appropriate legal services for their children and help parents in advocating for their children and their right to a safe and effective education. If you have questions about anything discussed in this article or other legal matters related to education, give our office a call at 407-512-4394.
Law Offices Near You
Altamonte Springs
940 Centre Circle
Suite 3002
Altamonte Springs, FL 32714
Phone: (407) 982-7252
Lake Nona
1380 S. Narcoosee Rd.
St. Cloud, FL 34771
Phone: (407) 512-4394
Waterford Lakes
12301 Lake Underhill Road
Suite #213
Orlando, FL 32828
Phone: (407) 512-4394
Winter Garden
12200 West Colonial Drive
Suite #100
Winter Garden, FL 34787
Phone: (407) 955-4848
