Latest news with #HOAAct
Yahoo
25-05-2025
- Business
- Yahoo
Homeowners association wants to charge rental fee, demand background checks. Is that legal?
Live in a home governed by a condominium, co-op or homeowner's association? Have questions about what they can and cannot do? Ryan Poliakoff, an attorney and author based in Boca Raton, has answers. Question: Recently our HOA board instituted a $250 fee to those owners who rent, $500 if they rent to more than one tenant during the year. Can they institute a charge to only a select segment of the community? I suspect most, if not all, board members do not rent. I have asked if there is any enforcement of this policy, and I was told it is strictly voluntary disclosure. I know my neighbor just lies and says it's his brother staying there. Do I have any recourse or is there an agency that I can turn to? Signed, J.H. Dear J.H., There are several interrelated issues here. First, generally speaking, associations can only institute fees that are authorized by their governing documents. Here, this seems to be something that the board passed as a rule without any express authorization in the declaration. The declaration may say that the board has the right to charge an application fee for the purpose of approving leases, and that kind of fee would be legal. But the way you describe this fee, it sounds like a fee owed simply for the right to lease; and if the declaration otherwise allows owners to lease, a fee to exercise that right would be suspect. Now, I do think that an HOA could implement a mandatory contribution of some kind attached to every rental of a lot, but that would need to be an amendment to the declaration, and not just a board made rule. So, right off the bat, I doubt this fee would be legally enforceable. Further, the HOA Act provides, at Section 720.306, Fla. Stat., that 'any governing document, or amendment to a governing document…that prohibits or regulates rental agreements applies only to a parcel owner who acquires title to the parcel after the effective date…or to a parcel owner who consents, individually or through a representative, to the governing document or amendment.' I have heard it argued (though I tend not to agree) that a fee associated with a lease is a 'regulation' of rental agreements and therefore cannot be applied unless the leasing owner consents to the regulation. As far as I know this issue has never been considered by a court, but the argument exists. With that said, you really have no recourse other than suing the association to ask a judge to declare the rule and fee unenforceable, as there is no state agency that has jurisdiction over these kinds of issues. Question: Our condominium board has instituted a new policy of background checks for new purchasers. Since there is nothing in our governing documents that addresses background checks, are they able to do this? Signed, D.C. Dear D.C., In a lot of ways, this is a very similar question to the one above. Most governing documents give boards broad authority to pass rules and regulations. The question is whether the rule is 'reasonable.' Essentially, is the rule directly related to addressing a legitimate association interest? The first question is what kind of authority do your governing documents give the board of directors concerning sales? If sales are totally unregulated, and if the board has no authority over sales at all, it's difficult to see what they would be getting from a background check. The information they get would be confidential. Even if they found out something objectionable, they couldn't prevent the person from buying a unit in the community. So, in that situation, I can't say what the board's legitimate interest would be. I have heard boards argue that the background check may discourage the wrong type of people (whatever that would mean) from buying a property, but I'm not confident that would convince a judge. But, instead, let's assume that your declaration of covenants allows the board to exercise a right of first refusal, but it doesn't say anything specifically about requiring a background check. It might very well have language stating that the board has the right to collect whatever information it needs to make an informed decision, or it might instead be left vague. In any event, I think the board would have a stronger argument to require background checks in that situation. Of course, the further question that raises is whether the board can charge a fee for such background checks — that's where we get back to the answer to our first question, and it likely depends on whether the board has authority to charge fees associated with the approval of sales. Ryan Poliakoff, a partner at Poliakoff Backer, LLP, is a Board Certified specialist in condominium and planned development law. This column is dedicated to the memory of Gary Poliakoff. Ryan Poliakoff and Gary Poliakoff are co-authors of "New Neighborhoods — The Consumer's Guide to Condominium, Co-Op and HOA Living." Email your questions to condocolumn@ Please be sure to include your location. This article originally appeared on Palm Beach Post: Can HOAs demand rental fees and background checks?
Miami Herald
29-04-2025
- Business
- Miami Herald
Floridians deserve transparency in lifestyle community fees. This bill delivers it
Among the many reasons people want to call Florida home is the quality of the state's communities and the ability to enjoy year-round activities. That's why so-called lifestyle communities are so popular — offering residents amenities to socialize, play tennis and pickleball, swim, golf and enjoy a range of other activities. It's like having a country club in your own backyard and Florida developers have been building them since the 1990s. The amenities can help bolster property values, but just like joining a country club, they aren't free — and a confusing mishmash of homeowners associations and special districts can make it hard for residents to know exactly where their assessments and taxes are going. However, a bill pending in the Florida Legislature aims to correct that with a package of consumer protections that give buyers and owners more clarity and long-term control over the amenities that may have drawn them to a particular community in the first place. Community developers build these clubs to offer high-end fitness centers, pools, beautiful clubhouses, courses and courts that make lifestyle communities such desirable places to live, but the costs incurred to build and operate them are separate from the expenses related to common areas overseen by HOAs. However, one judge in central Florida lumped club fees in with other fees like common area lawn care and landscaping. Florida House Bill 579 would clarify that private recreational amenities are stand-alone entities with new, mandatory disclosures inclusive of additional financial reporting requirements so homeowners know where every dollar is spent. This is good for Floridians because HB 579 simultaneously adds transparency and protection that are not in current state law. For example, the recreational covenants under HB 579 would provide potential buyers unprecedented insight into how amenity fees are calculated, assessed, changed and spent. It would also let buyers knows who can use the amenities, who owns and operates them and how much profit (if any) they generate. Importantly, HB 579 clarifies collection of amenity fees is not the homeowners' associations obligation, and rightly puts that burden on the amenity owner. And amenity owners would face annual caps on how much amenity fees could be raised each year. None of these protections are in current law. In addition, residents would better understand where those fees go because HB 579 would amend the information included in an HOA's annual financial reports required under the HOA Act to include information provided to them related to amenity dues, amenities, and operational costs and expenses. In addition, under current law, if the owner of an amenity wants to sell, it can — with only limited input from the homeowners with the most at stake. HB 579, by contrast, empowers homeowners with the first right of refusal to buy the facilities and a six-month notice period to decide. That's a huge improvement to Florida law, which currently does not include this option. Florida's weather and beaches make it the Sunshine State, but the moniker could just as easily apply to the transparency laws that legislators have put in place over the years to protect consumers, homeowners and taxpayers. HB 579 adds more sunshine to the books and ensures that residents in one of Florida's fastest-growing types of communities have the information and power they need to truly enjoy the lifestyle they were promised. Jeb Bush is a two-time Republican governor of Florida, serving from 1999 to 2007. He is a leader in education and consumer advocacy. Bush is also a consultant for Lennar, which is a member of a coalition supporting HB 579.
Yahoo
30-03-2025
- Politics
- Yahoo
Blame law, not lawyer for protections that keep HOA from banning 'thin blue line' flag
Live in a home governed by a condominium, co-op or homeowner's association? Have questions about what they can and cannot do? Ryan Poliakoff, an attorney and author based in Boca Raton, has answers. Question: I am a Board Member of an HOA community. That was very poor advice that you gave to the retired police officer. If you had done your due diligence, when it comes to the "thin blue line" flag, there is much controversy regarding it. Many, including myself, see this flag as a "us' vs. 'them' mentality. It is used to oppose racial justice movements, and it is also associated with white supremacy (you can also Google the fact that many white supremacists join police forces all over the country). Some police departments have banned officers from using "thin blue line" imagery while on duty, since the flag has been co-opted by extremists. I hope that you will write a retraction to your response. Thank you. Signed N.M. More on flags: Can homeowners association stop former NYPD officer from flying 'thin blue line' flag? Dear N.M., Respectfully, there is nothing to retract — my answer was legally accurate, though I will say that you were not the only person to message me about your concerns regarding the meaning of the 'thin blue line' flag that was described in the question. I was neither condoning nor condemning the 'thin blue line' flag, as that's not my place. The letter writer asked me a question about whether the HOA could limit their flag, and the new law is very clear that it's protected. In fact, it's obvious to me that the exact intent of the new statutory language was to protect flags like the 'thin blue line' flag. So, regardless of whether you support or are offended by either its message or the use of its message by various political groups, my answer was legally correct, and your legitimate complaint would be with your legislature. Even if every person in your community was offended by such a flag, it would not mean that you have a right to restrict it — the statute now prohibits it. Incidentally, another letter writer questioned why the flag code doesn't supersede Florida law, making the modified flag illegal — and while it technically does supersede Florida law, the flag code is only advisory. You can't be prosecuted for violating the flag code, because you're allowed to bastardize and even destroy an American flag if you want to — it's protected free speech. So, since there's no possible penalty for violating the flag code, I don't think you could argue that the flag code supersedes Florida law and allows HOAs to ban flags that might be protected under the HOA Act, but might arguably violate the Federal law. Question: I have been receiving email notifications asking me to enroll our HOA under the Corporate Transparency Act. I register our HOA as a not-for-profit corporation with the State of Florida and we file taxes every year Is this request legit, and do we have to register? If so, why? Signed, C.S. Dear C.S., The Corporate Transparency Act is an on-again, off-again law that requires most smaller corporations to file information regarding the 'beneficial owners' of the corporation to help prevent fraud. The original deadline for filing was January 31, 2024, but the law was halted by a federal court for likely being unconstitutional, and then it was restored by the court of appeals. But, effective March 21, 2025, President Trump has put the law indefinitely on hold for domestic corporations. Currently, no entity created in the United States is required to register their beneficial ownership information under the CTA. The email you received was a spam advertisement. There are many dozens of companies that solicit corporations to register under the CTA for a fee. This was not necessary in the first place, as it's not complicated to register, but while the law was in effect it was at least a legitimate convenience. The indefinite freeze in the law has not stopped the solicitations, and my clients get them on a regular basis. Personally, I would never give personal information to a company like this — even if the requirement was still active it would have been better to at least allow your association's attorney or your management company to do the filing. With that said, you can ignore the law until the President says otherwise (which I frankly do not expect to ever happen). Ryan Poliakoff, a partner at Poliakoff Backer, LLP, is a Board Certified specialist in condominium and planned development law. This column is dedicated to the memory of Gary Poliakoff. Ryan Poliakoff and Gary Poliakoff are co-authors of "New Neighborhoods — The Consumer's Guide to Condominium, Co-Op and HOA Living." Email your questions to condocolumn@ Please be sure to include your location. This article originally appeared on Palm Beach Post: Lawyer: Like it or loathe it, 'thin blue line' flag legally protected
Yahoo
16-03-2025
- General
- Yahoo
Can homeowners association stop former NYPD officer from flying 'thin blue line' flag?
Live in a home governed by a condominium, co-op or homeowner's association? Have questions about what they can and cannot do? Ryan Poliakoff, an attorney and author based in Boca Raton, has answers. Question: I am having a problem with my HOA about the 3 feet by 5 feet thin blue stripe American flag that flies over my garage. I am a retired NYPD officer, and the blue stripe represents the officers who lost their lives in the line of duty. I have been flying that flag for about 10 years and have never been told that it is an unacceptable flag. I received an email on Friday from the HOA telling me that my flag must be removed because it is not authorized because they only allow the official flag of the United States, not larger than 4.5 feet by 6 feet, as well as the Florida, Army, POW, Marine Corps, Coast Guard or Air Force flag. Banners or any other flags are prohibited. I attached a photo of the flag that they are complaining about which is an American flag. Can you please tell me if they can make me remove that American flag and fly one only without the blue stripe? Thank you for any information you can provide. Signed, L.S. Dear L.S., The HOA Act was amended to expand the types of flags that may not be restricted by HOAs. An association may not prohibit a homeowner from displaying up to two flags, not larger than 4.5 feet by 6 feet, as follows: the US flag, the State of Florida flag, a flag representing the US Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, a POW-MIA flag and, importantly, a 'first responder' flag. A first responder flag is a flag that recognizes law enforcement officers, firefighters, paramedics or EMS technicians, correctional officers, 911 public safety communications, nurses, persons in a statewide urban search and rescue program, and federal law enforcement officers. Such flags may incorporate the design of any other flag permitted under this law to form a combined flag. I think there's no real question that this law was intended to protect flags like yours. To describe your flag to readers, imagine a regular American flag, but remove the red line from the right of the starfield and the white and red line below, and replace them with a navy blue stripe, a royal blue stripe, and another navy blue stripe. That is a flag that incorporates the design of the American flag and modifies it to recognize law enforcement. I do not think it can be restricted by your HOA. I will mention though, for your interest, that your flag likely violates the US Flag Code. Now, that law is just advisory, and your flag is not illegal. But the Flag Code prohibits defacing an American flag, and taking a regular American flag and changing three of the stripes would violate the letter of that code. It is more common to see thin blue line flags that are black and white other than the blue stripe; and the reason for this is because when the flag colors are changed that drastically, the flag is no longer a true American flag, and so the Flag Code no longer applies at all. Again, the Code is entirely permissive, and you have a right to fly whatever type of American flag the law otherwise allows (and it is not something that would offend me, personally). I simply mention it for the interest of readers who may raise the question of whether yours or other thin blue line flags are 'legal' (they're all legal, because the Flag Code is not an enforceable law — but the black and white law enforcement flag is more common for the reasons described above). Question: When a condominium has a rule stating that owners can rent only one time in a 12-month period, is there any precedent for what happens if the tenant dies only a few months into a lease? Can the condominium tell the owner that they cannot rent again until the end of the 12-month period? That seems extremely unfair to the owner. Signed, M.M. Dear M.M., There is no guidance on this as far as I'm aware, and it's something that happens all the time in different contexts. For example, tenants can also just vacate leases early, and it would create the same situation (although perhaps with a bit less sympathy). I also see this a lot with leasing provisions that require owners to serve a leasing moratorium when they first purchase a unit — what happens if there is a tenant in that unit when it transfers? Do they have to kick the tenant out? And is that fair to the tenant who has been happily residing in the condominium, sometimes for many years? There are no answers to these issues. When I draft provisions like this, I will often incorporate language dealing with the leasing moratorium, specifically. But with respect to the situation you describe, I think that's just a case of being out of luck, and an example of restrictions like this not always being fair. Ryan Poliakoff, a partner at Poliakoff Backer, LLP, is a Board Certified specialist in condominium and planned development law. This column is dedicated to the memory of Gary Poliakoff. Ryan Poliakoff and Gary Poliakoff are co-authors of "New Neighborhoods — The Consumer's Guide to Condominium, Co-Op and HOA Living." Email your questions to condocolumn@ Please be sure to include your location. This article originally appeared on Palm Beach Post: HOA challenges ex-NYPD cop for flying 'thin blue line' American flag
