Of all the violations a community association must deal with, nuisances are perhaps the most troublesome because of their inherent uncertainty. Unfortunately, determining what constitutes a nuisance and determining when to take action with respect to a nuisance is somewhat troublesome. While it is not difficult to provide community association managers, associations, boards and developers with multiple definitions of the word “nuisance”, listing all the activities which constitute a nuisance or affording a black and white guideline for determining when a particular condition rises to the level of a nuisance is far more difficult, if not impossible. Nevertheless, the following definitions may be of some help, especially when combined with the discussion which follows:

The recent catastrophic collapse of the condominium building in Surfside, Florida, was a tremendous shock to all Floridians and, particularly, to condominium residents.

This year’s Florida legislative session was fairly productive for community associations. Among the statutory amendments scheduled to take effect July 1, 2021 are two which could significantly impact our clients’ covenant enforcement and collection procedures, and we are thus supplying this brief update.

Florida Law governing “55 and Older” Communities, which Communities are permitted to exist under exceptions to the Federal and Florida Fair Housing Acts (Chapter 760.20), has been revised. The revisions to the Statute no longer require a “55 and Older” Community to file bi-annual reports to the Florida Commission on Human Relations, nor the payment of a registration fee.

Starting a new resident off in your community may be one of the most important tasks you do as a Board Member. If a resident is welcomed into the community and in a warm, friendly manner advised of their responsibilities as a member of a deed restricted community, it can pay off in dividends to the community. They can be a friendly resident and supportive of the Association’s rules and regulations and a productive, involved resident. Or they can become one of your worst nightmares.

The simple answer to the question whether the new Florida Statute regarding liability protections for COVID-19 related claims (FS 768.38) completely protects association is…No. However, this does not mean:

Several years ago, a few Homeowners Associations, located in south Florida, brought legal actions against Association members, one of whom was a veteran, to prohibit the flying of United States flags on the homeowner’s/veteran’s property.

Mediation can be a game-changing event in the course of a legal dispute. It can take place at any stage of the dispute, but is frequently required before certain actions can be taken. For example, it must be offered pre-suit in certain Florida Homeowners Association disputes (F.S. § 720.311), within 120 days after a medical negligence lawsuit is filed (F.S. § 766.108), and pre-trial in most Florida civil lawsuits. While uncommon, it can even be held post-judgment (e.g., to clarify how, or whether, the losing party in litigation must comply with the judgment).

Unfortunately, the risks to associations continue to escalate. As many of you are aware, associations often can be at risk for violations of the Fair Housing Act, as well as the Americans with Disabilities Act (ADA). One of the issues that seems to be emerging deals with the risk associated with associations’ websites failing to be ADA compliant.