Minutes Solutions Inc.’s Post

Important changes to the Florida Condominium Act and Homeowners' Association Act that may have wide ranging impacts on Associations throughout the state of Florida. Click here to read some of the highlights #D&O #InsuranceDefense

Everyone is talking about the new laws impacting Florida community associations. Before diving into the details, here's the #1 point of understanding for owners, board members, managers, tenants, and real estate professionals: An HOA is not a Condominium. A CONDO is not a Homeowner's Association. It's essential to distinguish between the two as they are governed by different statutes under FL law. An HOA is established with a Declaration of Covenants and Restrictions, governed by FL Statute 720. Whereas, a Condominium requires a Declaration of Condominium (Covenants and Restrictions) and is regulated by FL Statute 718. Remember, a cooperative falls under FL Statute 719 and the community's proprietary lease. It's common to use these terms interchangeably, but understanding the differences is crucial. Ensure you know the type of community you are part of to determine which laws apply to you. Stay informed! #FloridaCommunityAssociations #HOA #Condo #RealEstateProfessionals

I'm pleased to share my latest piece for Law360: "NY Shouldn't Pair 421-a Restoration and Good Cause Eviction" Highlights: "GCE, as currently proposed, is a strict rent control system that would severely limit rent increases and, more generally, hamstring owners' ability to do what they wish with their properties. It doesn't take much of a logical leap to conclude that any incentive to create housing by a revived 421-a would, in part or in whole, be negated by GCE's disincentive effects. Given the critical need for new housing in New York and particularly New York City, the Legislature would be wise to decouple 421-a from GCE and focus exclusively on incentivizing the creation of more housing for their constituents." *** "Such a supposed grand bargain would be totally counterproductive and could actually make New York's housing shortage worse, as potential New York housing developers instead invest in the many states and cities throughout the U.S. without good cause or other rent control restrictions. In short, the pairing of 421-a and GCE makes no economic or logical sense; New York hasn't seen such an odd couple since Oscar Madison and Felix Unger called 1049 Park Avenue home." #rentcontrol #realestate #newyorkrealestate #economics101 #buildmorehousing

Fort Lauderdale East Partner Craig Minko and Associate Nat Morales recently obtained an extraordinary victory for a South Florida community association. The case involved a tenant of a unit owner suing the community association for a breach of a lease agreement with his landlord and violations of Chapter 83, Florida Statutes. Our team filed a Motion for Judgment on the Pleadings on the basis that the community association was not the tenant's "landlord", and was otherwise not party to the lease agreement. The Court ultimately granted the Motion for Judgment on the Pleadings, entering full and final judgment in our client's favor. This ruling establishes a critical legal distinction, clarifying that, under the current language of Chapter 83, community associations cannot be considered the "landlord" of tenants renting from the unit owners, and that lease agreements between unit owners and their tenants do not incorporate community associations as parties to the agreements. This precedent should certainly have a positive and lasting impact on community associations throughout South Florida. Read More on This Story Here: https://lnkd.in/eKZ3H2jq Craig Minko: https://lnkd.in/ejwBd5Dy Natalia Morales: https://lnkd.in/ePAE8qxb #CSKSuccessStories #CSKVictory #FloridaLargestDefenseFirm #FloridaTrialAttorneys #FloridaInsuranceAttorneys #SouthFlorida #BrowardCounty

In Washington, D.C., landmark affordable housing legislation has come under scrutiny. The landmark law, known as #TOPA, aimed to preserve affordable housing and curtail resident displacement. But developers and building owners have long disapproved of the law, viewing TOPA as an encroachment on property rights and a hindrance to new development. Follow along to see potential changes to the legislation and the pushback from community advocates. Read the article: https://bit.ly/4a7wdfS #COPA #AffordableHousing #HousingPolicy

🆕 RENTERS' RIGHTS BILL | MEMBER WEBINAR 🏠 ❓ Want to understand more about the newly published Renters’ Rights Bill, and how this will affect you and your property investment? 📅 Join our Policy and Campaigns team for our webinar on Thursday 19 September at 2pm.   🎙️ Hosted by our CEO Ben Beadle we’ll be joined by senior civil servants from MHCLG, Rik Smith, Director of Tenancy Services at Goodlord, the NRLA's Policy Director, Chris Norris, and our Head of Policy, James Wood. Submit any questions you may have for the Q&A session. 👇 🔗 Exclusively for members, register for free by clicking this link:   https://lnkd.in/egyXC6b7 Not already a member of the NRLA? Never miss an update on changes ahead. Be supported and represented. Join 100,000+ and become a member of the UK's largest landlord association today: nrla.org.uk/join #rentalreform #rentersrightsbill #landlords #property #propertyinvestment #lettings #ukhousing #housingwebinar

Hoarding in condo apartments can be a tricky issue to navigate, with a delicate balance between resident rights and collective well-being. Fortunately, condo associations have rules in place for safety and sanitation that boards can enforce. However, when health hazards or major disturbances exist, boards may have no choice but to take legal action to protect their community. Check out this informative article on hoarding in condominiums and the challenges that arise when individual rights clash with community concerns. #condoboards #propertymanagement #hoardingawareness #condolaw #housingrights https://lnkd.in/eS5tXChj

It's no secret that community associations tend to get a bad rap. Although our firm focuses primarily on the representation of community associations, we are often speaking with owners as well to clarify the actions of HOA/COA Boards, rules, and restrictions. We strive to help owners understand the purpose of their community association and the importance of understanding the responsibilities of the HOA/COA as well as the rules, regulations, covenants and restrictions of the community. When HOA/COA Boards understand their duties and responsibilities pursuant to their association's governing documents and the law, and owners understand the purpose of the HOA/COA and what is allowed and not allowed pursuant to the governing documents, there tends to be less conflict and stronger communities. https://lnkd.in/gJAvwxhE

This guide provides important information for property buyers in Florida regarding their rights and obligations within community associations. It covers topics such as the three-day cancellation period, necessary condominium documents, fees and regulations, tenant rights and landlord responsibilities, and rental restrictions. Link to guide: https://lnkd.in/gCnCu29A

We've just released an informative video that every property manager should see. It discusses a critical case study on fair housing claims, focusing on retaliation and eviction. This video is an excellent resource for understanding the nuances of fair housing laws and how to navigate them effectively. Perfect for teams looking to enhance their knowledge and stay compliant. Watch now to ensure your practices are in line with the Fair Housing Act. https://lnkd.in/eH-BmstN  #FairHousingEducation #PropertyManagementProfessionals #ComplianceMatters"