Labor Day has come and gone, several tropical systems are swirling in the Atlantic (you may recall that all of Florida was in panic mode awaiting Irma this time last year) and our snowbirds will be returning before we know it. Seems like a good time to discuss some of the changes made to Chapter
cooperative associations
Estoppels, Estoppels, Estoppels!
Effective July 1, 2017, Florida’s condominium, cooperative and mandatory homeowners’ associations (and the management companies hired by those associations) will have some certainty and guidance when dealing with requests for estoppel certificates.
Florida Statute Sections 718.116, 719.108, and 720.30851 have all been amended.
Here are just a few highlights of those amendments:
As…
Florida’s Legislators Update ROC Fining Committees
Florida’s lawmakers "tweaked" the provisions relating to ROC "fining committees" during the recent legislative session in Tallahassee. In summary, condominium associations, cooperative associations, and mandatory homeowners’ associations now follow a similar process:
- The revisions now clarify that it is the "board of administration" (which most ROC’s refer to as the Board of Directors) that
…
Cooperative and HOA Boards Will Soon Have Emergency Powers
Florida’s Governor has signed into law Senate Bill 807 which contains very important changes to the laws governing resident owned communities. I’ll discuss many of those in future entries to this blog but since we’re now into hurricane season, I thought I’d first highlight the creation of Florida Statute Sections 719.128 and 720.316…
Time for Co-op Board Member Training!!
Welcome to the new world of training for board members in our resident-owned cooperatives!
Annual meeting season has begun and new board members are being elected. As you know, Florida Statutes now require that newly elected or appointed board members either certify in writing to the co-op’s secretary that the new board member has…
A Follow Up on HOA Registration
In the week or so since my last entry, I’ve been contacted by managers and board members from several resident owned cooperatives who have received notices about the new recent requirement for mandatory homeowners associations to register with the State.
I want to clarify that condominium associations formed under Florida Statute Chapter 718 and cooperative…
Repairs versus Spending Limits in ROCs
Briny Breezes is a resident owned manufactured housing cooperative located in Palm Beach County.
Two of the community’s sea walls that protected the cooperative property needed repairs and upgrades. The directors of Briny Breezes, Inc., the cooperative association that owns and operates the community, hired an engineer who reported that the required repairs and upgrades…
ROCs and the Effective Dates of Bylaw Amendments
Here’s yet another example of how the statutes governing condominium associations differ from those governing cooperative associations:
The members of a community association have just approved an amendment to the association’s bylaws. Exactly when does the amendment to the bylaws become effective?
Florida Statute Section 718.112(1)(b) provides that no amendment to the bylaws of a…
ROCs and the Komen/Planned Parenthood Controversy
Followers of this blog know that I frequently caution that almost all board meetings in resident owned communities must be properly noticed and open to association members. There are specific provisions prohibiting board members from meeting "behind closed doors" in the statutes governing condominium associations, cooperative associations, and mandatory homeowners associations.
While…
House Bill 1195 and Cooperative Associations (Part II)
My most recent entry summarized the some of the changes made by House Bill 1195 (which became effective on July 1 of this year) to several provisions of the laws governing cooperative associations in Florida.
House Bill 1195 created three new subsections to Florida Statute Section 719.303 that have the effect of extending to cooperative…