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How to handle that nuisance neighbor

Association Law, Community Association Management, Disputes, Governance, Homeowners Association / HOA No Responses »
Jul 032012

The neighbor across the lake from your home is practicing her golf swing and your backyard is littered with golf balls. Some have come too close for comfort, threatening to pop a hole in the screened-in patio.

Another neighbor complains about the barking dog left out in the backyard next door. Meantime, friends living in a high-end condo complain about the stench of garlic coming from a nearby unit.

Nuisances are not uncommon since many of those living in homes regulated by associations live in such close proximity to each other. Because homeowner and condo associations can’t lay out in their bylaws every scenario that might come up, most have an anti-nuisance covenant designed to cover such instances. Generally speaking, such covenants prohibit any practice that interferes with the peaceful possession and proper use of the property by its resident. Clearly a bunch of golf balls aimed at a neighbor’s patio are a nuisance. Continue reading »

Chapnick revamps website to make it more user friendly

Association Law, Community Association Management, Condominium, Homeowners Association / HOA, Record Keeping, Uncategorized No Responses »
Jun 272012

Chapnick Community Association Law has completed an extensive remodeling of our user interface, making it easier to quickly find what clients are looking for. We have even included a few new special features, such as statistics on how many unit owners are in bankruptcy, mortgage foreclosure, and lien foreclosure. This empowers our clients to view their own information, live, whenever they want so they don’t have to wait for a return phone call to find out what is going on with their cases.

Click here to read more in a story by HOA Examiner Adam Sinclair.

How to prevent squatters from invading your HOA

Uncategorized No Responses »
Jun 222012

Whether they’re activists trying to make a point about foreclosures or homelessness or just people looking for a free place to say, HOAs have been forced to face down squatters in their empty properties.

“You hear about all kinds of things including people breaking into units, changing the locks, and renting out the units. There are some industrious people out there, Michael Chapnick tells HOA Leader.Click here to read the story.

New Fannie Mae rule to aid in collection of unpaid assessments

Community Association Management, Condominium, Homeowners Association / HOA, Lien / Foreclosure No Responses »
Jun 192012

Effective July 1, homeowners and condominium associations stand to get some much needed relief in their efforts to collect unpaid assessments from mortgage servicers. The help is coming in the form of a rule from Fannie Mae, which will require servicers to make sure that any priority liens for delinquent assessments on acquired properties are cleared immediately, but no later than 30 days after the foreclosure sale or acceptance of a deed in lieu of foreclosure.

Continue reading »

What are an association’s responsibilities should a storm strike

Disaster Preparedness / Recovery, Homeowners Association / HOA, Legal / Liability No Responses »
May 252012

With the last significant storm ­– Hurricane Wilma ­– seven years in our past, it’s easy to become complacent. But, as the 2012 hurricane season begins on June 1, what better time to revisit some of the things homeowner and condo associations must do to prepare should a disaster strike?

Associations would be well advised to create an operations manual that outlines what is required before and after a storm. Some things that should be addressed include:

  • Who is responsible for securing outdoor patio furniture, planters, and anything else in the common area that can be tossed about ?
  • Does the association have a generator? If not, what are plans for providing emergency lights and power?
  • Outline at what point, and where, board members will meet after a storm passes and how residents will be notified of any developments.
  • Put together a list of residents and emergency numbers/contacts.

Continue reading »

Florida Condo Attorney: Owners, HOAs Wonder Who Pays for Construction Defects?

Uncategorized No Responses »
May 172012

They were marketed as luxury residences in a new condominium community in Sunrise, Florida. For owners, residents, the homeowner association, condominium lawyers and now the developer, the residences at Artesia have turned out to be a source of expense, frustration and now, litigation.

According to newspaper reports, the high-end Artesia condos have been plagued by leaky roofs and a litany of other problems, the owners say.

For Mediterranean-style luxury condos newly built by Minto, a well-respected developer, owners had hoped and believed the residences should have been perfect. But the six, four-story condo towers – where units are less than six years old and were priced up to $600,000 – are beset by leaky roofs, cracked walls and rotting fascia boards.

Continue reading »

Newspaper Article Debates Florida Stand Your Ground Law, Condominium / Homeowner Association Liability

Association Law, Legal / Liability No Responses »
Apr 252012

Michael Chapnick, of Chapnick Community Association Law, a condominium and homeowner association law firm in Delray Beach, Florida, said he intends to send an alert to the 325 homeowners associations he represents in South Florida and the west coast of Florida with a simple message: Know the law and your situation.

Chapnick was interviewed by the Palm Beach Post for a story on Florida’s controversial Stand Your Ground law and the repercussions following George Zimmerman’s shooting of Trayvon Martin. Read the entire article here.

Chapnick told the Post: “Communities should not be taking on a police function. We don’t recommend roving bands of vigilantes. What we’re saying is, if they’re interested in having a neighborhood watch, they should work with their local police department and go through training and don’t put themselves or others in harm’s way. We want our clients to work with the authorities, instead of becoming the authorities.”

Florida Homeowner Associations, Neighborhood Watch, Civil Liability and the Trayvon Martin Killing

Association Law, Commentary No Responses »
Apr 222012

George Zimmerman, a self-described captain of his Florida homeowner association’s neighborhood watch, sees Trayvon Martin – the stranger in a hoodie – walking through the community. Zimmerman calls 911 to report the “suspicious” person. He’s told not to pursue, but armed and vigilant, he does anyway. An apparent scuffle ensues. Martin, 17, is shot dead.

Zimmerman eventually is charged with second-degree murder. In the aftermath of the shooting, Zimmerman might not be the only defendant left to sort through his actions.

The homeowner association at The Retreat at Twin Lakes and its insurance carrier could face claims of civil liability for not better enforcing neighborhood patrol standards.

Neighborhood watch and similar patrols have proven meaningful, organized and effective in how community members monitor activity within their associations.

Yet in Sanford, Fla., and other communities where condominium and homeowner associations have created watches to patrol the community, questions have arisen about the lengths patrol members legally can go in protecting the community. It doesn’t help The Retreat that in its monthly newsletter, the association apparently recognized Zimmerman as the captain of its neighborhood watch. Read this Palm Beach Post story on association liability.

Continue reading »

Florida Condo Association & Homeowner Association: Are They Synonymous?

Uncategorized No Responses »
Apr 172012

From Boca Raton to Sunrise and all across South Florida, people use any number of names to refer to the communities in which they live. They’re condominiums, condo associations, residential associations and homeowner associations. But are they synonymous? Can the monikers be used interchangeably?

As attorneys who work with property managers and property management companies, we’re often confronted with this question.

In some ways, and in a practical sense, the two are very similar. Yet in legal terms – especially as it pertains to Florida law – they’re quite different.

Condominiums are creatures of statute, and only exist by virtue of their Declarations and the Statutes that enable them to exist. Condominiums are essentially legal fictions, creating real property out of thin air.

Homeowners associations, on the other hand, are common interest communities that can exist in many forms, either voluntary or involuntary. Homes in an HOA are independently platted and are real property without an enabling statute.

The common elements in a condominium are owned in undivided shares by all of the members. The common areas of a homeowners association are owned by the association, for the benefit of the members of the association.

Condominiums are one of the most regulated industries in the state. Although they are becoming more regulated with each passing year, homeowners associations, by statute, are to be left primarily to their own governance.

How an individual refers to his or her community association may be a matter of preference or parlance. But just know that condominium associations and homeowner associations are very different in the eyes of state regulators.

Business or Pleasure: Are Office Condos Bound by Same Florida Association Rules as Residential Condos?

Uncategorized No Responses »
Apr 022012

You live in a residential condominium, and you own and work in a commercial or office condo. Are you bound by the same general rules under Florida law? It’s a question that’s pertinent to “condominium associations” of all kinds.

The short answer is, Yes. Whether you live in a South Florida condominium or work in any of a growing number of office condos across Palm Beach, Broward and Miami-Dade counties, the rules – according to Florida law – are much the same.

Both commercial and residential condos are bound to abide by their governing documents and Chapter 718, F.S. Almost all provisions of 718 apply to both commercial and residential condominiums, with the notable exception of mandatory non-binding arbitration of “disputes” under 718.1255, F.S.

Interestingly, one other key difference between commercial and residential condos is the congeniality among “residents.”

Commercial or business condos tend to operate more smoothly, in large part due to the fact that there is no intertwining of home and association. It is all business.

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