Category: Previous Posts

  • Board Communication

    Today, I asked Claude to provide a guideline that a Florida-based condominium board of directors can use to communicate effectively with residents. And to create a checklist for handy reference.

    Frequency: quarterly board meetings minimum (required by law for condos over 10 units), monthly newsletters, quarterly financial updates, and 24-hour turnaround on emergency notices.

    What to share: meeting notices/minutes, financial reports and budgets, maintenance and capital project status, structural inspection results, rule changes, and emergency/hurricane prep.

    Involvement: dedicated Q&A time at every meeting (owners have this right under Florida law), standing committees, surveys before big decisions, a resident portal or suggestion box, and an annual town hall.

    The document also covers Florida-specific compliance points worth knowing: 48-hour meeting notice (14 days for special assessments/rule changes), 10-working-day turnaround on records requests, and the new website/portal requirement for associations with 25+ units effective January 1, 2026.

    Sources:

    Resident Communication Plan & Board Checklist

    For Florida Condominium Association Boards of Directors

    Prepared August 2026

    1. Communication Frequency

    CommunicationRecommended Cadence
    Board meetingsAt least quarterly — required by Florida law for condos with more than 10 units (F.S. 718.112). Many boards meet monthly.
    Meeting notice & agendaPosted at least 48 continuous hours before regular meetings; 14 days before meetings on special assessments or rules affecting unit use.
    Community newsletter / e-blastMonthly, or biweekly during hurricane season or active projects.
    Financial updatesQuarterly summary; full annual budget presented at the budget meeting.
    Annual meeting & electionsOnce per year, per the bylaws and F.S. 718.112.
    Emergency / urgent noticesWithin 24 hours of the triggering event (storm prep, water/power outage, safety issue).
    Website/portal record updatesWithin 30 days of a document being created or received, once the 25-unit website rule applies (see Section 4).

    2. What to Share

    Governance & meetings

    • Meeting notices, agendas, and minutes (draft and approved)
    • Board and committee vacancies, election notices and candidate information
    • Rule and policy changes, with the reasoning behind them

    Financial

    • Quarterly financial reports (income/expense, delinquencies in aggregate)
    • Annual budget and any proposed special assessments, well before the vote
    • Reserve study status and funding plan

    Property & safety

    • Maintenance schedules and capital project timelines
    • Milestone/structural integrity inspection (SIRS) results and any required repairs
    • Insurance renewal status and major coverage changes
    • Hurricane/emergency preparedness plans and storm updates

    Community life

    • Vendor and contractor work affecting residents (noise, access, parking)
    • Social events, committee opportunities, and volunteer needs
    • How to submit a records request or raise a concern

    3. Encouraging Resident Involvement

    • Reserve time for owner questions on agenda items at every board meeting — Florida law gives owners this right (F.S. 718.112).
    • Form standing committees (landscaping, social, budget/finance, architectural review) open to volunteers.
    • Run short surveys before major decisions (budget priorities, amenity changes, vendor selection).
    • Offer a resident portal or suggestion box for ongoing, two-way input outside of meetings.
    • Host an annual town hall separate from the formal annual meeting, focused on Q&A.
    • Recognize volunteers publicly in the newsletter to sustain participation.
    • Provide multiple channels (email, mail, website/portal, posted notices) so no resident is excluded by preference or access.

    4. Florida Compliance Notes

    RequirementStatute / Detail
    Board meeting noticePosted on the property at least 48 hours in advance, agenda included (F.S. 718.112(2)(c)).
    Special assessment / rule-change noticeMailed/delivered/electronically transmitted and posted at least 14 days in advance.
    Owner right to speakOwners must be permitted to speak on all agenda items at board and unit-owner meetings.
    Official records accessMust be made available for inspection within 10 working days of a written request (F.S. 718.111(12)); noncompliance can trigger statutory damages.
    Association website/portalAssociations with 25+ units must maintain a secure owner website/app and post required records, generally within 30 days of receipt/creation, effective January 1, 2026 (F.S. 718.111).
    Quarterly board meetingsRequired for condominiums with more than 10 units.

    Statutory requirements change; confirm current obligations with the association’s attorney or the DBPR Division of Condominiums before finalizing policy.

    Board Checklist: Staying On Course

    Every board meeting

    ☐  Agenda posted 48+ hours in advance (14 days if assessment/rule change)

    ☐  Minutes from prior meeting reviewed and approved

    ☐  Financial snapshot shared with owners

    ☐  Time allotted for owner questions on agenda items

    ☐  Action items from last meeting followed up

    Monthly

    ☐  Newsletter or e-blast sent with project, financial, and event updates

    ☐  Website/portal records updated (within 30 days of new documents)

    ☐  Maintenance and vendor schedule communicated to residents

    ☐  Committee check-ins held

    Quarterly

    ☐  Formal board meeting held (statutory minimum)

    ☐  Quarterly financial report distributed

    ☐  Reserve study/capital project status reviewed with owners

    ☐  Resident feedback reviewed (survey results, suggestion box, portal input)

    Annually

    ☐  Annual meeting and elections held per bylaws

    ☐  Annual budget presented and adopted with advance notice

    ☐  Communication policy reviewed and updated

    ☐  Insurance coverage and reserve funding reviewed

    ☐  Emergency/hurricane preparedness plan reviewed before storm season

    ☐  Town hall or open forum held for owner Q&A

    Ongoing / as needed

    ☐  Records requests answered within 10 working days

    ☐  Emergency notices sent within 24 hours of the triggering event

    ☐  New owners onboarded with governing documents and communication channels

    ☐  Volunteers and committee members recognized publicly

  • Elevator Compliance

    Today I asked Claude to provide an elevator compliance checklist that the board of directors and residents can use to stay current with recent updates to the guidelines for elevator operations of a condominium located in Southeast Florida. This may be helpful as a place to start to review the guidelines in your specific area to ensure you are responsibly addressing the safety of your residents.

    ELEVATOR COMPLIANCE GUIDE

    Broward County & Florida elevator changes affecting condominiums in Fort Lauderdale, FL

    Prepared August 2026

    A note on jurisdiction: Elevators in Fort Lauderdale are not regulated by a separate City of Fort Lauderdale ordinance. Elevator safety is governed by the State of Florida (Chapter 399, Florida Statutes, and Rule 61C-5, Florida Administrative Code) and administered locally through Broward County’s Elevator Safety Program, which covers all Broward municipalities, including Fort Lauderdale. The most significant recent change is a new Broward County ordinance addressing elevator outages, approved June 9, 2026, and effective June 23, 2026. This guide covers that new rule alongside the state requirements your Board is already responsible for.

    1. New Rule: Broward County Elevator Outage Ordinance

    On June 9, 2026, the Broward County Commission voted unanimously to adopt new requirements aimed at condominium and cooperative elevator outages, following widespread resident complaints — many from elderly residents — about elevators being out of service for weeks or months. The rule took effect June 23, 2026, and applies now.

    What the Board must do

    • Develop a written outage response plan before an outage occurs. It should explain, in plain language, how the Association will respond when an elevator goes out of service, including how residents who may be trapped or unable to use stairs will be assisted.
    • Post the plan where residents can see it (e.g., building lobby, near the elevator, and/or distributed to all units) as soon as an outage begins — the plan must be posted on Day 1 of any outage.
    • Identify the current elevator service company in the posted notice, including contact information for that company.
    • Line up a backup elevator company in advance. If an elevator is out of service for more than 24 hours and the current service company cannot restore it within that window, the Board must contact an alternate registered elevator company to perform the repair as quickly as possible — unless the existing maintenance contract prohibits it.

    Fines for non-compliance

    The ordinance carries escalating daily fines if the required plan is not posted:

    TimingFine
    Plan not posted on Day 1 of an outage$250
    Plan still not posted on Day 2$500
    Each additional day the plan remains unposted$500 per day, continuing until posted

    Practical steps to take now

    1. Ask your elevator maintenance company, in writing, to confirm their standard parts-sourcing and repair-escalation process, and how quickly they can indicate whether a repair will exceed 24 hours.
    2. Identify and contact at least one alternate, Florida-registered elevator company willing to serve as backup and get written confirmation of their availability.
    3. Review your current elevator maintenance contract for any exclusivity language that could restrict switching vendors during an outage and discuss with legal counsel if unclear.
    4. Draft a standard outage notice template now (before an outage happens) so it is ready to post within hours, not days.
    5. Decide where within each building the notice will be posted, and how homebound or mobility-impaired residents will be individually notified (not just via a lobby posting).
    6. Confirm with property management who is authorized to declare an outage plan “posted” and how compliance will be documented (e.g., photo/date-stamp of the posted notice).

    2. Existing State Requirements Your Board Must Already Follow

    Independent of the new county rule, Florida’s Elevator Safety Act (Chapter 399, F.S.) and its implementing rule (Chapter 61C-5, F.A.C.) impose ongoing obligations on every condominium that operates an elevator. These are not new but are commonly overlooked and are worth confirming are current.

    Certificate of Operation

    • Every elevator must have a valid Certificate of Operation issued by the Florida Department of Business and Professional Regulation (DBPR), Bureau of Elevator Safety.
    • The certificate is valid for one year, with the renewal period beginning August 1 each year — confirm your certificate is current and visibly posted in or near the elevator car as required.

    Annual inspection

    • Each elevator must be inspected annually by a state-licensed Certified Elevator Inspector, or by a municipality/county under contract with DBPR (in this case, Broward County’s program).
    • Deficiencies noted on inspection must be corrected; the elevator owner (the Association, via the Board) is responsible for safe operation and code correction once a Certificate of Operation has been issued.

    Maintenance contract verification

    • If the Association relies on a service maintenance contract in lieu of certain inspection requirements, it must file an annual statement with DBPR verifying the contract is in place and being performed.

    Incident reporting

    • Any elevator incident resulting in personal injury must be reported to DBPR within 24 hours.

    3. Updated Elevator Safety Codes (Adopted May 2026)

    Effective May 25, 2026, Florida’s Bureau of Elevator Safety formally adopted updated national safety codes — ASME A17.1-2019 (elevators/escalators), ASME A17.3-2020 (existing elevators), and ASME A18.1-2020 (platform lifts/stairway chairlifts) into Rule 61C-5, F.A.C. Key points for a mid-rise Board:

    • Enhanced two-way communication: new or modernized elevators must support two-way voice, video, and text communication between the car and whoever answers emergency calls, with the video/text components specifically intended for passengers who are deaf, hard of hearing, or speech impaired.
    • These communication upgrades are not retroactive for elevators that are neither new nor being modernized — but will apply the next time your elevator is modernized or replaced, so it’s worth budgeting for in long-range capital planning.
    • Certain existing-elevator safety provisions carry phased compliance deadlines running from 2025 into 2028–2029. Because exact deadlines vary by equipment type and configuration, the Board should ask its elevator maintenance contractor for a written compliance assessment specific to your building’s equipment rather than relying on general deadlines.

    4. Board Action Checklist

    A condensed checklist the Board (or property manager) can use to track compliance:

    Confirm the Certificate of Operation is current and posted and calendar the August 1 renewal cycle.
    Confirm the most recent annual inspection was completed and any deficiencies were corrected.
    Draft and approve a written elevator outage response plan.
    Identify a backup/alternate registered elevator company and confirm availability in writing.
    Prepare a ready-to-post outage notice template with required contact information.
    Establish an internal procedure for posting the notice within hours of any outage to avoid county fines.
    Ask your elevator vendor for a written assessment of ASME A17.1-2019/A17.3-2020 compliance status and any upgrade timeline.
    Share a resident-facing summary of the new outage-plan rule (see Section 5) at the next board meeting or via community notice.

    5. Summary for Residents

    The section below is written for distribution to residents (e.g., as a community notice, newsletter insert, or lobby posting) and can be excerpted on its own.

    What’s changing and what it means for you: Broward County now requires condo boards to post a written plan whenever an elevator is out of service, explaining how the Association will respond and assist residents — including anyone who may be unable to use the stairs. If an elevator repair will take longer than 24 hours, the Association is required to pursue a backup repair company rather than simply waiting on the original vendor. If you have a mobility limitation, medical need, or other concern that requires special notification during an elevator outage, let the Board or property management know in advance so you can be added to a direct-notification list. Residents can report elevator problems to the Board/management office at any time; the Association, not individual residents, is responsible for contacting the elevator service company.

    Sources & Further Reference

    • Broward County Commission elevator outage ordinance adopted June 9, 2026, effective June 23, 2026 — CBS News Miami, “Broward County commissioners approve new rules that aim to solve elevator outages after residents’ complaints,” June 18, 2026.
    • The Galt Mile Community Association (Fort Lauderdale), “New Elevator Regulations Target Associations,” July 6, 2026 — summary of ordinance text and board obligations.
    • Florida Statutes, Chapter 399 (Elevator Safety Act), flsenate.gov.
    • Florida Administrative Code, Rule 61C-5 (Florida Elevator Safety Code), adopted May 25, 2026 — myfloridalicense.com, Bureau of Elevator Safety.
    • Broward County Building Code Services Division, Elevator Safety Program — broward.org/Building/Elevators.

    This guide is for general informational purposes and is not legal advice. Before adopting an outage plan or amending vendor contracts, the Board should confirm current requirements with Broward County’s Building Code Services/Elevator Safety Program, the DBPR Bureau of Elevator Safety, and the Association’s legal counsel.

  • Common Area Cleanliness

    Today I asked Claude how the board of directors of a Florida-based condominium enforces cleanliness of common areas such as the catwalk, laundry room, and social room when the offender is not clearly seen creating the mess?

    This is a legal/practical question, not a research task requiring tools — I’ll answer directly.

    Florida condo boards deal with this constantly, since Chapter 718 (the Condo Act) and most declarations give the board broad authority over common elements even without catching a specific culprit red-handed. Here’s how it typically works in practice.

    Rule-making and general enforcement

    The board’s power comes from the declaration, bylaws, and rules — not from proving who did it in a criminal-law sense. Florida condo enforcement is civil, not criminal, so the standard is much lower than “beyond reasonable doubt.” The board can adopt and enforce reasonable rules governing use of common areas (catwalks, laundry rooms, social rooms) under Fla. Stat. § 718.303 and its implied authority to maintain common elements. Rules require any resident using a space to leave it clean and can impose consequences on the unit even if the specific person isn’t identified, as long as the rule is properly tied to the unit or its occupants.

    Practical tools when the offender isn’t identified

    • Camera/surveillance evidence. Many associations install cameras in laundry rooms, catwalks, and social rooms specifically because messes recur and direct observation is rare. Footage doesn’t need to be perfect — reasonable identification (a unit number, a recognizable resident, a guest of a resident) is usually enough to act.
    • Reservation/sign-in logs for shared spaces. If the social room requires booking, the board can hold the reserving unit owner responsible for the condition of the room during their reservation window, win or lose on who actually made the mess — this shifts the burden to the resident rather than the board having to prove it.
    • Strict liability/responsible party clauses in rules. Boards often adopt a rule stating that unit owners are responsible for the conduct of themselves, tenants, family, and guests in common areas, and that damage/mess costs can be charged back to the unit even without eyewitness identification of the individual, provided there’s a reasonable connection (e.g., footage showing someone entering/exiting from that unit, or timing tied to that unit’s known reservation or laundry use).
    • Cost recovery via special assessment or fine on the association at large when no party can be reasonably identified — the board simply has the common expense fund cover cleanup, which is the default fallback and doesn’t require identifying anyone.

    Fining and suspension process

    If a specific resident can be reasonably tied to the mess (even circumstantially — camera footage, key fob/access logs, laundry room usage logs, reservation records), the board can pursue fines and suspension of common-area use rights under § 718.303, but Florida law requires:

    1. Written notice of the alleged violation to the owner.
    2. An opportunity for a hearing before an independent committee of unit owners (not board members) before a fine or suspension takes effect.
    3. Fines up to $100/day per violation up to $1,000 total (or higher if the declaration specifies), and use-rights suspension, both requiring that hearing.

    Where there’s genuinely no identifiable culprit

    If the board truly cannot tie the mess to any specific unit, there is no camera, no log, no witness — it can’t legally fine or discipline an unidentified person. In that situation, the board’s realistic options are to increase surveillance/access controls going forward (cameras, fob-restricted access, sign-in sheets, mandatory reservations with a cleaning deposit), adopt a rule requiring a refundable cleaning deposit for social room use, and treat the cleanup as a common expense in the meantime.

    A general note: this is a summary of how Florida condo boards commonly structure enforcement, not legal advice — the actual procedure that applies depends on the specific declaration, bylaws, and rules for that condominium, and a board considering fines, suspensions, or chargebacks should have its attorney confirm the process complies with § 718.303 and the governing documents before acting.

  • Competitive Bids

    Today I asked Claude when it is necessary to get bids for a project, and how many bids are required for a Florida-based Condominium? Also, list the major points to consider and areas that might indicate some instability in the bidding company.

    When bidding is required (Florida condos):

    Under Fla. Stat. §718.3026, a condo association must obtain competitive bids for any contract to purchase or lease materials/equipment or provide services once the total payment exceeds 5% of the association’s total annual budget, including reserves.

    Exceptions — no bidding required for: contracts with the association’s attorney, accountant, architect, engineer, landscape architect, or community association manager; contracts with association employees; genuine emergencies; or situations where only one vendor serves the county (sole source).

    Number of bids required:

    The statute doesn’t set an exact number — it just requires “competitive bids,” which by definition means more than one. In practice, this is read as a minimum of two, though most attorneys and managers recommend three for a genuinely competitive process. The board is never required to accept the lowest bid.

    Points for the board to consider when evaluating bids:

    Scope of work should be identical across bidders, so quotes are truly comparable — vague or inconsistent scopes make “apples to apples” comparison impossible. Confirm each bidder carries current general liability insurance and workers’ compensation and verify state licensing directly through myfloridalicense.com (DBPR) rather than relying on a business card or county registration. Check that the license is held by the actual entity signing the contract, not a related or fictitious name. Review payment terms, deposit size, change-order language, termination rights, and warranty terms — a one-page proposal with no termination clause is a weak contract. Get the board’s counsel to review any contract of significant size before signing, since bidding compliance alone doesn’t protect the association from bad contract terms.

    Signs of instability in a bidding company:

    Watch for no verifiable insurance or a refusal to name the association as additional insured; licensing that can’t be confirmed in DBPR records, or a license held by a different entity than the one bidding; no permanent business address or only a P.O. box/cash-only payment requests; pressure to sign quickly or unusually large upfront deposits; unusually low bids with no clear explanation, which can signal a company cutting corners or in financial distress; open lawsuits or unsatisfied judgments (searchable via county clerk of court records); a pattern of BBB complaints; high staff turnover or reliance on subcontractors the company won’t name; and reluctance to skip required permits — a willingness to skip permits often correlates with a company cutting other corners too.

    This is general information, not legal advice — for a specific contract or dispute, the association’s counsel should confirm how the statute applies.

    Sources:

  • Condominium Suitability

    Today, I asked Claude if there are any medical or emotional conditions that would indicate living in a Florida-based condominium is not the best housing solution for the person. If so, what would be acceptable ways to communicate this information to current or potential residents?

    This is a legal/policy question with real fair housing implications, so let me lay out the substance carefully rather than treat it as a simple factual lookup.

    Are there conditions that make Florida condo living genuinely unsuitable for some people?

    Yes, and they fall into a few categories worth distinguishing:

    Medical. Florida’s heat and humidity are hard on people with cardiovascular disease, COPD, kidney disease, or heat intolerance from medications (diuretics, beta-blockers, anticholinergics). Hurricane season (June–November) creates real risk for anyone dependent on electricity or refrigeration for medical equipment — dialysis, oxygen concentrators, insulin, CPAP. Post-Surfside, many Florida condo associations now require structural reserve studies and can levy large special assessments, which matter for anyone on a fixed income managing a chronic illness. High-rise living with elevators can be a serious problem during power outages for people with mobility limitations.

    Emotional/psychological. Some people don’t do well with condo association governance itself — HOA disputes, noise from shared walls, rules enforcement — if they have anxiety disorders sensitive to conflict, or cognitive decline that makes navigating association bureaucracy (votes, assessments, insurance paperwork) overwhelming. Isolation is also a factor: some retirees relocate to Florida condos away from existing support networks and family, which can worsen depression or isolation in people already vulnerable to it.

    Age-related/cognitive. Dementia or early cognitive impairment plus hurricane evacuation requirements is a specific, well-documented risk combination — evacuation orders require quick, coordinated action that can be genuinely dangerous for someone who can’t reliably follow instructions or recognize urgency.

    How to communicate this — the part that actually requires care

    This is where I’d flag something important: how this gets communicated depends heavily on who you are in relation to the person and resident/association.

    If you are a family member, doctor, or the person themselves deciding on housing, this is just a private medical/practical conversation — no legal constraints, just honest discussion of the specific person’s health situation, medication list, mobility, hurricane preparedness, and whether they have local support.

    If you are a condo association, board member, property manager, or seller, this is legally fraught territory. Under the federal Fair Housing Act and Florida Fair Housing Act, you cannot use a resident’s or applicant’s medical/disability status to steer them away from housing, deny occupancy, or make individualized suitability judgments — that’s exactly the kind of “steering” and disability discrimination the law prohibits. Associations can’t ask about medical conditions during a sale/rental or refuse occupancy based on assumptions about someone’s ability to handle heat, hurricanes, or building rules.

    What is legally fine and often required: neutral, universal disclosures given to everyone regardless of health status — things like hurricane preparedness requirements, generator/backup power policies, evacuation zone info, elevator/power outage procedures, reserve funding and special assessment history (Florida now mandates disclosure of structural inspection and reserve study results to all buyers). These go to every prospective resident, not just ones perceived as vulnerable.

    If someone specifically discloses a condition and asks for help, the right response is pointing them to resources, not making a suitability judgment: emergency management’s special needs registry, a geriatric care manager or doctor, or a broader housing conversation — not telling them, “This isn’t a good place for you.”

  • Pet Clean Up

    Today, I asked Claude what the best method is to force neighboring residents to clean up after their pets that deposit on common area property in a Florida-based condominium. Claude also included what to do if the offender is a condominium resident.

    For a Florida condo association, the most effective and legally defensible approach is Chapter 718’s statutory fining process, layered with a few practical enforcement tools:

    1. Confirm it’s in your governing documents. Pet waste cleanup should already be required by your declaration, bylaws, or rules. If it’s silent, the board can adopt a reasonable rule under its general rulemaking authority (check your declaration for any pet-rule restrictions first).

    2. Use the statutory fine process (Fla. Stat. § 718.303). This is the primary enforcement lever:

    • The board must give written notice of the violation with an opportunity to cure.
    • If it continues, the board can levy a fine up to $100 per violation (per day, up to $1,000 total per violation) after notice and an opportunity for a hearing before an independent fining committee (a committee of unit owners not on the board, or officers/employees).
    • The committee must approve the fine before it’s imposed — this procedural step is required and often skipped, which is what gets fines thrown out if challenged.

    3. Add teeth beyond fines.

    • Suspend common-area amenity use (pool, clubhouse, etc.) for owners with unpaid fines, which Ch. 718 also permits after the same notice/hearing process.
    • Pet registration requirement with proof of vaccination — makes it easier to identify offenders.
    • DNA testing programs (PooPrints or similar) — increasingly common in FL condos/HOAs; each registered pet’s DNA is on file, and waste samples can be matched to identify the owner. Very effective as a deterrent since it removes the “which dog was it” defense.
    • Cameras in common areas (check any notice/disclosure requirements) to document violations.

    4. Escalate only if necessary. If fines and suspensions don’t work, the association can pursue injunctive relief in court to compel compliance, though this is costlier and typically a last resort for chronic offenders.

    5. Document everything. Written warnings, photos/video, hearing notices, and committee approval minutes — this record is what protects the fine if an owner disputes it or takes it to arbitration/court.

    One practical note: Florida requires binding arbitration or mediation for many condo disputes before litigation (Fla. Stat. § 718.1255), so keep that in mind if a dispute escalates.

    I’m not a lawyer, and for drafting or amending specific rules/fine schedules it’s worth having the association’s attorney review the language before adoption.

    The same statutory toolkit applies (§718.303 fines, hearing committee, amenity suspension), but for pedestrian/pet cut-throughs through the parking area, a few additional practical measures work better than fines alone:

    1. Adopt a specific rule restricting pedestrian and pet traffic in parking areas. General “keep off the grass” or “leash law” rules often don’t cover walking through parking lanes. The board should pass a rule explicitly prohibiting walking or walking pets through the parking area except to access a specific vehicle, citing safety (traffic/backing cars) as the rationale — this also strengthens liability protection for the association.

    2. Designate and mark an approved path. If the shortcut exists because there’s no sanctioned route to the street, create one — a marked walkway or pet relief area with clear signage. Owners are far more likely to comply when there’s a legitimate alternative, and it undercuts the “there’s no other way” defense in a fine hearing.

    3. Physical deterrents. Low fencing, bollards, landscaping, or chain barriers at the cut-through point are usually more effective than pure rule enforcement — they stop the behavior without requiring case-by-case fines.

    4. Signage. “No Pedestrian/Pet Traffic — Vehicles Only” or “Private Property, Authorized Path Only” signs at the parking area entrances give notice and support enforcement if you do need to fine.

    5. Enforce via the same fine process for repeat offenders. Once the rule and signage are in place, use written warnings, then the § 718.303 hearing/fine process for anyone who continues cutting through.

    6. Insurance/liability angle. If you want board buy-in or resistance from owners, framing it as a liability issue (someone getting struck by a car, or a slip/trip claim) tends to get faster cooperation than framing it purely as a rule violation.

    Worth having the association’s attorney confirm the rule language is enforceable under your declaration before rolling it out, especially if any unit’s only reasonable access to the street is through that route (in which case you may need to guarantee the alternate path in writing).

  • Needed Repairs

    Today I asked Claude what the best approach is to get a financially strapped resident of a Florida-based condominium to make necessary repairs to their unit. Please list the steps to take and the timeline for each step.

    Quick note: I’m not a lawyer, and exact deadlines depend on your declaration/bylaws — this is general guidance under Florida Chapter 718 (Condominium Act), not legal advice. Also worth clarifying which situation this is: an owner refusing/unable to repair something inside their own unit (e.g., plumbing causing leaks into common areas or neighboring units) versus failing to pay a special assessment for association-led work. The steps below cover the first case, since that’s what “repairs to their unit” implies; I flag where the financial angle changes the approach.

    1. Confirm the obligation and document the problem (days 1–7). Check the declaration to verify this is the owner’s responsibility (interior components, fixtures, in-unit plumbing) rather than a common element the association must fix. Photograph and log the damage, especially if it’s active (leak, mold, structural).
    2. Informal outreach (days 1–14). Contact the owner directly and in a non-adversarial manner. Financial strain is often the real blocker, so this is the point to ask what’s going on and mention that accommodations exist — this saves both sides legal fees.
    3. Formal written notice to cure (send within ~2 weeks of confirming the issue). Cite the governing document provision, state the required repair, and set a deadline (commonly 14–30 days) to complete or demonstrably begin the work. State the consequences of non-compliance (fines, lien, legal action).
    4. Offer a financial accommodation, in parallel with the notice (days 1–30). Florida law requires associations to offer a reasonable payment plan for assessments over $1,000. If the association ends up doing the repair and billing the owner, structure that cost as a payment plan (often 12–24 months) rather than a lump sum. Point the owner toward outside resources too: county/city low-income home repair grant programs, USDA/HUD 203(k) or Title I repair loans, or a reverse mortgage if they’re a senior with equity.
    5. Board vote on fines if the deadline passes (roughly day 30–60). After proper notice and a hearing before an independent committee, the board can levy fines (Florida caps confirm the current statutory limit with counsel; historically, up to $100/day with an aggregate cap per violation).
    6. Emergency entry if damage is ongoing (any time, immediately if needed). Under §718.111(5), the association can enter the unit to stop damage to common elements or other units, then charge the cost back to the owner as a special assessment or lien.
    7. Lien for unpaid fines/chargebacks (30–90 days after nonpayment). If fines or repair costs charged to the owner go unpaid, the association records a claim of lien.
    8. Mediation or circuit court injunction (60–120+ days). If the owner still won’t act, the association can seek a mandatory injunction compelling the repair by a set date and can recover attorney’s fees if it prevails.
    9. Foreclosure as last resort (6–12+ months out). If the lien remains unpaid, the association can foreclose on it — this is typically the final step and one both sides usually want to avoid given the cost and disruption.

    The practical lever that changes outcomes fastest is step 4: engaging early on payment options tends to resolve these faster and cheaper than escalating straight to fines and liens, and Florida boards generally have discretion to work with an owner who’s communicating in good faith.

    Sources:

  • No-Irrigation Landscaping Materials

    Today I asked Claude for suggestions on landscaping materials that don’t require irrigation, are cost-effective to install, are low-maintenance, and can be used in common areas for a Florida-based condominium.

    Here are some good options for Florida condo common areas that skip irrigation while staying cheap and low-maintenance:

    Mulch and groundcover

    Pine bark or eucalyptus mulch is inexpensive, widely available in Florida, and suppresses weeds without needing water once spread. Pair it with drought-tolerant groundcovers like perennial peanut, sunshine mimosa, or beach sunflower, which establish with minimal watering and then survive on rainfall alone.

    Hardscape/rock beds

    Crushed shell, river rock, or decomposed granite beds require zero water and almost no upkeep beyond occasional weeding or blowing out debris. Shell is especially popular in Florida coastal communities and fits the regional aesthetic.

    Native and drought-tolerant plantings (Florida-Friendly Landscaping)

    Once established (first few months with hand-watering), these need no irrigation:

    • Muhly grass, coontie, and dwarf fakahatchee grass for texture
    • Saw palmetto and dwarf yaupon holly for structure and screening
    • Coreopsis (the state wildflower) and blanket flower for color
    • Live oak or slash pine if larger canopy trees are wanted

    These are UF/IFAS-recommended for exactly this use case (South Florida Water Management District and most Florida water utilities publish Florida-Friendly plant lists).

    Turf alternatives

    If some green groundcover is wanted without a sprinkler system, bahiagrass is the most drought-tolerant common turf option in Florida and can survive rainfall in most areas after establishment, though it will brown in extended dry spells.

    Cost/maintenance framing for the board

    Rock or shell beds have the highest upfront cost per square foot but near-zero ongoing cost. Mulch beds with native groundcover are cheaper to install and also low-maintenance but need occasional mulch top-offs (every 1–2 years). Bahiagrass is cheapest to install but requires mowing, which is a recurring labor cost even without irrigation.

    One practical note: Florida statutes and most county water management districts require even drought-tolerant plants to be hand-watered or temporarily irrigated during the establishment period (typically 60–90 days), so “no irrigation” really means no permanent irrigation system, not zero water ever.

    These are UF/IFAS-recommended for exactly this use case (South Florida Water Management District and most Florida water utilities publish Florida-Friendly plant lists).

  • Property Value

    Today, I asked Claude for suggestions to help maintain the property value of a Florida-based condominium. Here’s a handy checklist of items for residents and board members to consider.

    Protecting & Raising Property Value

    A Guide for Florida Condominium Residents & Boards of Directors

    Why This Matters Right Now

    Florida condo values have come under real pressure — statewide condo prices are down roughly 10% over the past year, driven by post-Surfside safety mandates, soaring insurance premiums, and buyers/lenders now scrutinizing association compliance before closing. Associations that stay ahead of these requirements protect resale value; those that fall behind risk fines, special assessments, and units becoming hard to finance.

    Strategies for Residents

    • Maintain your own unit — visible deferred maintenance (peeling paint, damaged railings/balconies) hurts building-wide perception and can flag structural concerns during inspections.
    • Report leaks, cracks, or structural concerns immediately — small issues caught early are cheaper and protect the whole building’s Milestone Inspection outcome.
    • Attend board meetings and use the mandatory owner Q&A — HB 913 now requires boards to include an agenda item, at least 4 times a year, for owners to ask about ongoing repairs and finances.
    • Vote to fully fund reserves rather than waive them — as of January 1, 2026, Florida law prohibits waiving or underfunding reserves for the 8 SIRS structural components; supporting full funding avoids painful special assessments later.
    • Review financial reports and SIRS/Milestone Inspection documents when the board publishes them (required online for associations with 25+ units as of 2026).
    • Follow architectural guidelines for renovations and balcony/exterior changes so the building maintains a cohesive, well-kept appearance.
    • Pay assessments and dues on time — delinquencies strain reserves and can trigger liens that complicate resale for everyone.
    • Volunteer for committees (architectural review, landscaping, financial) where owner input shapes curb appeal and spending priorities.

    Strategies for the Board & Officers

    Compliance & Structural Integrity

    • Track Milestone Inspection deadlines (30 years after certificate of occupancy, or 25 years if within 3 miles of the coast, then every 10 years); many buildings face a December 31, 2026, deadline.
    • Complete or update the Structural Integrity Reserve Study (SIRS); it can be done concurrently with the Milestone Inspection to save on engineering costs.
    • Fund reserves for all 8 SIRS-mandated components (roof, load-bearing walls, waterproofing, plumbing, electrical, foundation, fireproofing/protection systems, windows/exterior doors); underfunding is no longer legally permitted.
    • Get a 36-month property insurance appraisal, now required under HB 913, to keep coverage accurate and avoid claim shortfalls.
    • Missing deadlines carry real teeth: potential $500/day fines, code enforcement referrals, and in worst cases evacuation orders — and Citizens Property Insurance cannot issue or renew policies for non-compliant associations.

    Financial Stewardship

    • Build and maintain healthy reserves — Fannie Mae and Freddie Mac now require associations to reserve at least 15% of budgeted assessment income (up from 10%) for a project to remain mortgage-eligible.
    • Watch per-unit insurance deductibles — a master policy with a per-unit deductible over $50,000 (as of July 1, 2026) can make the building non-warrantable, cutting off conventional financing for buyers.
    • Shop and re-bid insurance annually; the market is easing (new capital and carriers have entered Florida since 2022–2023 reforms), so renewals may be more competitive than in prior years.
    • Avoid surprise special assessments by planning capital projects (roofs, paving, waterproofing, elevators) proactively rather than reactively.

    Governance & Transparency

    • Publish financial reports, minutes, and inspection/reserve documents online (required for 25+ unit associations as of January 1, 2026); buyers’ lenders and title companies will ask for these.
    • Hold the owner Q&A agenda item at least quarterly as required by HB 913 and consider recorded virtual meetings to boost participation.
    • Enforce covenants and architectural standards consistently so the community presents a cohesive, well-maintained image to appraisers and buyers.

    Curb Appeal & Amenities

    • Invest in visible common-area upgrades — landscaping, lobby/entry, signage, pool and amenity spaces — these show up directly in comps and buyer impressions.
    • Consider professional management if compliance and financial complexity are outpacing volunteer board capacity.

    Sources: FL Statutes §553.899 & §718.112(2)(g); HB 913 (2025); HB 1021; Fannie Mae/Freddie Mac 2026 condo project standards; Citizens Property Insurance Corp. eligibility rules.

    Quick-Reference Checklist

    Compliance

    • Confirm Milestone Inspection deadline for the building and schedule if due by 12/31/2026
    • Complete or update Structural Integrity Reserve Study (SIRS); coordinate with Milestone Inspection if possible
    • Confirm reserves are fully funded for all 8 SIRS components (no waivers)
    • Schedule the 36-month property insurance appraisal (HB 913)
    • Verify Citizens or other carrier policy compliance status

    Financial

    • Confirm reserve funding meets 15% of budgeted assessment income (Fannie Mae/Freddie Mac threshold)
    • Check master policy per-unit deductible is at or below $50,000
    • Get competitive insurance bids annually
    • Review capital plan for upcoming roof, paving, waterproofing, or elevator projects

    Governance

    • Post financial reports, minutes, and inspection documents online (25+ unit associations)
    • Include owner Q&A agenda item at board meetings (min. 4x/year)
    • Deliver annual financial report within 180 days of fiscal year-end, with required affidavit
    • Record any virtual board/owner meetings

    Property & Curb Appeal

    • Address unit-level maintenance issues (leaks, cracks, exterior damage) promptly
    • Enforce architectural guidelines consistently
    • Maintain landscaping, entry, and common amenity areas
    • Keep dues/assessments current; follow up on delinquencies

  • Governing Documents

    Today, I asked Claud to create a guide that residents can use to find answers within their governing documents to questions regarding living in a Florida-based condominium.

    UNDERSTANDING YOUR CONDOMINIUM’S GOVERNING DOCUMENTS

    A Resident’s Guide for Florida Condominium Associations

    How to find answers in your Declaration, Articles, Bylaws, and Rules

    Prepared: August 2026

    This is a general-purpose template covering what each document type typically contains under Florida condominium law, and where to look. Because every association’s numbering differs, use this guide alongside your actual Declaration, Articles, Bylaws, and Rules — insert your own article/section numbers where noted. Where sample language references a specific section, verify it against your recorded documents, since the sample section titles used here are illustrative, not universal.

    How Your Governing Documents Fit Together

    A Florida condominium association is governed by a layered set of documents, plus state law. Higher-ranked documents control when there is a conflict — a Rule cannot override the Declaration, and no document can override Florida Statutes Chapter 718.

    Rank & DocumentWhat It Does
    1. Florida Statutes (Chapter 718) & Administrative CodeState law sets the floor. No governing document can waive or lower an owner’s statutory rights (e.g., access to records, fine procedures, structural safety requirements).
    2. Declaration of CondominiumThe Association’s “constitution.” Recorded against the land; defines ownership, use restrictions, and maintenance duties. Hardest to amend.
    3. Articles of IncorporationCreates the Association as a Florida not-for-profit corporation; defines its purpose and basic structure.
    4. BylawsGoverns internal operations — meetings, elections, Board and officer duties.
    5. Rules & RegulationsDay-to-day policies adopted by the Board (pool hours, parking, pets). Must be consistent with, and cannot conflict with, the documents above.

    Practical tip: if a Rule and the Declaration seem to conflict (for example, a Rule bans pets the Declaration permits), the Declaration controls. Bring conflicts like this to the Board or property manager.

    1. Declaration of Condominium

    The Declaration is the foundational, recorded document — often called the Association’s “constitution.” It defines what you own, what’s shared, and the core restrictions that run with the property. It generally requires the highest ownership vote to amend (commonly two-thirds or more, per the document’s own amendment article).

    Typical SectionWhat You’ll Find There
    DefinitionsKey terms used throughout every document: “Unit,” “Common Elements,” “Limited Common Elements,” “Association,” “Board.”
    Submission Statement & Legal DescriptionThe legal description of the land and improvements; establishes the condominium under Florida Statutes Chapter 718.
    Unit Boundaries / OwnershipDefines exactly what you own (typically walls-in) versus common elements and limited common elements (e.g., your balcony).
    Common Elements & Limited Common ElementsLists shared property (lobbies, roofs, pools, elevators) and elements limited to certain units (assigned parking, balconies).
    Percentage/Share of OwnershipEach unit’s percentage interest in common elements — the basis for assessment allocation and voting weight.
    Maintenance & Repair ResponsibilityWho pays for and maintains what — often the single most disputed section; check this before any repair.
    Use RestrictionsRules on rentals/leasing minimums, pets, occupancy limits, signage, business use, and age restrictions (if any).
    Assessments & Special AssessmentsHow regular and special assessments are calculated, billed, and enforced, including lien rights.
    Insurance & Casualty/ReconstructionRequired coverage, deductible allocation, and rebuilding procedures after damage (hurricane-relevant).
    AmendmentsThe vote threshold required to change the Declaration — usually higher than for Bylaws or Rules.
    Exhibits (Survey, Plot Plan, Percentage Schedule)Attached drawings and tables referenced throughout the document — essential for boundary disputes.

    2. Articles of Incorporation

    The Articles created the Association as a Florida not-for-profit corporation. They are filed with the Florida Division of Corporations and are typically shorter than the Declaration and Bylaws.

    Typical SectionWhat You’ll Find There
    Name & Principal OfficeLegal name of the Association and its registered address.
    PurposeThe corporate purpose generally is to operate and administer the condominium.
    MembershipConfirms that unit owners are automatically members of the Association.
    Board of DirectorsNumber of directors, qualifications, and how the initial Board was appointed.
    OfficersOfficer positions created by the corporation (President, Vice President, Secretary, Treasurer).
    Registered AgentThe person/entity authorized to receive legal service of process on the Association’s behalf.
    AmendmentsVote required to amend the Articles (distinct from Declaration or Bylaw amendment thresholds).
    DissolutionProcedure and distribution of assets if the Association is ever dissolved.

    3. Bylaws

    The Bylaws govern how the Association runs as a corporation: meetings, elections, and the duties of the Board and officers.

    Typical SectionWhat You’ll Find There
    Annual & Special Meetings of OwnersNotice requirements, quorum, voting procedures, and how owners can call a special meeting.
    Board of DirectorsPowers, number of seats, terms, vacancies, and removal procedures.
    ElectionsNomination process, candidate disclosure, ballots, and timeline (also governed by Fla. Stat. 718.112).
    Officers & Their DutiesDay-to-day authority of the President, Treasurer, Secretary, etc.
    CommitteesAuthority to create committees (e.g., architectural review, social) and their scope.
    Fiscal ManagementBudget adoption process, reserve funding decisions, and financial reporting to owners.
    IndemnificationProtection for Board members/officers acting in good faith on Association business.
    AmendmentsVote required to change the Bylaws — confirm whether owner and/or Board approval is required.

    4. Rules & Regulations

    Rules address day-to-day community life. The Board can typically adopt or amend Rules without a full ownership vote, but Rules must stay consistent with the Declaration and Bylaws and cannot impose new restrictions on how units may be used beyond what the Declaration allows.

    Typical SectionWhat You’ll Find There
    Common Area UsePool, clubhouse, gym, and elevator hours, guest policies, and reservation procedures.
    ParkingAssigned spaces, guest parking, commercial vehicle and RV restrictions, towing policy.
    PetsNumber, size, breed, and leash rules (must align with, not exceed, the Declaration).
    Noise & NuisanceQuiet hours and conduct standards.
    Move-In/Move-Out & RenovationsElevator reservation, deposit requirements, contractor hours, and required approvals.
    Leasing/Tenant RegistrationApplication, background check, and orientation requirements for tenants.
    Enforcement & FinesNotice-and-hearing process before a fine or suspension is imposed (Fla. Stat. 718.303).

    5. Florida Statutes, Chapter 718 (the Condominium Act)

    State law sets baseline rights and duties that apply regardless of what the governing documents say — including recent structural-safety requirements adopted after the 2021 Surfside collapse.

    Key SectionWhat It Covers
    718.111 — Association Powers & RecordsOfficial records residents may inspect, and the Association’s website/portal posting duties. As of Jan. 1, 2026, associations with 25+ units must post key documents online (previously 150+).
    718.112 — Bylaws, Board & ElectionsMinimum meeting/election requirements, and Structural Integrity Reserve Study (SIRS) rules for buildings 3+ habitable stories.
    718.113 — Common Elements & MaintenanceDefault maintenance responsibilities where the Declaration is silent.
    718.116 — Assessments & LiensInterest, late fees, lien priority, and collection procedures.
    718.301 — Milestone InspectionsStructural inspection deadlines for older buildings, generally those 3+ stories and 30 years old (25 near the coast).
    718.303 — Fines & SuspensionsCaps on fines, required notice, and hearing procedures before enforcement.

    2026 update: as of January 1, 2026, associations with 25 or more units (down from a 150-unit threshold) must post the Declaration, Bylaws, Articles, amendments, Rules, approved minutes, contracts, annual budget, and annual financial report to a website or app accessible to owners.

    Quick-Reference: “Where Do I Find…?”

    Use this table as a starting point. Replace the “Where to Find It” column with your association’s actual article and section numbers once you have your documents in hand.

    Resident QuestionLook InWhere to Find It
    Can I rent out my unit? Minimum lease term or rental cap?DeclarationRestrictions/Use of Units article
    Can I have a pet? Size, breed, or number limits?Declaration + Rules & RegulationsRestrictions article; Pet Rules section
    What do I own vs. what is a common element?Declaration (with Survey/Plot Plan exhibit)Definitions & Unit Boundaries article
    Who fixes my A/C, windows, or in-wall plumbing?DeclarationMaintenance & Repair Responsibility article
    How is my monthly assessment calculated?Declaration + Annual BudgetAssessments article; ownership-share exhibit
    What happens if I miss an assessment payment?Declaration + Fla. Stat. Ch. 718Assessments/Collections article
    Does the Board need to approve a buyer or tenant?DeclarationTransfer of Units / Right of Approval article
    How do I request an architectural change?Declaration + Rules & RegulationsAlterations/Architectural Review article
    When and how are Board elections held?BylawsElections/Nomination article
    How do I call a special meeting or add an agenda item?BylawsMeetings of Unit Owners article
    What are the Board’s powers, and how many directors?BylawsBoard of Directors article
    How is a Board member removed?Bylaws + Fla. Stat. 718.112Board of Directors / Removal article
    What do officers (President, Treasurer, Secretary) do?BylawsOfficers article
    What is quorum for an owner or Board meeting?BylawsMeetings article
    How can the governing documents be amended?Declaration + BylawsAmendments article (vote thresholds differ)
    What is the Association’s legal name and purpose?Articles of IncorporationName/Purpose/Powers sections
    Pool hours, parking, noise limits, move-in rules?Rules & RegulationsTopic-specific section
    Fines for rule violations — how much, what process?Rules & Regulations + Fla. Stat. 718.303Enforcement/Fines section
    Milestone inspections and reserve funding (SIRS)?Fla. Stat. 718.301 & 718.112(2)(g) + Reserve StudyAssociation website document library
    What’s needed to buy/sell — estoppel, disclosures?Fla. Stat. Ch. 718 + DeclarationRequest from management or the Board
    Where are minutes, budgets, and contracts posted?Association website/portal (Fla. Stat. 718.111/.112)Member portal document library

    Tips for Residents

    • Read the Declaration first. It controls maintenance responsibility and use restrictions — the two most common sources of disputes.
    • Check the amendment article before assuming a document can’t change; note that Declaration, Articles, and Bylaws often require different vote thresholds.
    • If a Rule seems to conflict with the Declaration or Bylaws, raise it with the Board — the higher-ranked document controls.
    • Request official records in writing. Florida Statute 718.111 gives owners the right to inspect and copy most Association records.
    • Ask the property manager or Board where the association posts its state-mandated document library online — this is the fastest way to get current copies.
    • For anything involving money owed, liens, fines, or a legal dispute, confirm the current rule against Florida Statutes Chapter 718, since amendments happen most legislative sessions.

    This guide is educational and not legal advice. For a specific dispute or transaction, consult the Association’s official records, your property manager, or a Florida attorney experienced in condominium law.