Barbara Billiot Stage

The Florida Bar  # 0042467

Member

Current

Q. Can a condo board force me to insure a deeded carport under a new rule?

February 27, 2025

A: Unit owners have always been required to insure their units, which would include a carport if it's deeded to you. The State of Florida has not been great at enforcing that statute but there has been a renewed push for enforcement. This is for your protection as well as the protection of others so I am always surprised when owners are against insurance. Lots of unexpected events happen that cause liability on the owner and without insurance the owner could be liable for damages. Sometimes they are minor and sometimes they are not. A slip and fall even if someone were trespassing on your carport might be an issue. On the flipside, someone could damage your property and if they don't have insurance you are stuck with the repair bills. With insurance, the insurance company would pay damages and go after the person responsible. Ask anyone who has experienced a fire in a condominium complex and thought the condominium was responsible for everything how that works with no insurance.

I'm sure that's not the answer you were looking for but I have seen a number of catastrophes during my time as an association attorney. ... Read More

Q. What actions can HOA take for lack of insurance due to house condition?

February 24, 2025

A: That depends on the language in your association documents and if you are truly a HOA under Chapter 720 or a COA (condo association) under Chapter 718. Sometimes homes with lots are still organized as COAs and vice versa. Some HOA documents provide for unlimited fines. If you communicate with the HOA and let them know your plans they may hold off getting an injunction from a court requiring you to get insurance. Other than that, they can lien and foreclose for fines that are $1,000.00 or more.

Q. Are my 1984 HOA deed restrictions still valid in Florida?

February 23, 2025

A: It depends and the answer lies in your HOA documents, including the community plat, a title search for any amendments to the Declaration or a Notice of Preservation, plus a 30-year title search of your deed. Unless there is a reference to the Declaration by the Official Records Book/Page on the plat, or in any deed going back 30 years, or a Notice of Preservation prior to 2014, or an Amended and Restated Declaration prior to 2014, the deed restrictions may have expired under the Marketable Record Title Act.

As of 2018, a HOA can preserve restrictions by amending documents versus the old requirement of an Amended and Restated Declaration but the restrictions would have to still be valid after 2018 and on the date of the Amended and Restated Declaration.

Once deed restrictions are expired the only way to bring them back is a process called revitalization. ... Read More

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