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Who should attend Establishing And Operating Condominium And Homeowners' Associations: Understanding The Legal Issues In Florida
This one-day seminar is designed for attorneys, brokers, sales managers, real estate professionals, escrow agents, developers, property managers, condominium association members, construction lenders, construction professionals, engineers and paralegals.
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Establishing And Operating Condominium And Homeowners' Associations: Understanding The Legal Issues In Florida  

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This one-day seminar is designed for attorneys, brokers, sales managers, real estate professionals, escrow agents, developers, property managers, condominium association members, construction lenders, construction professionals, engineers and paralegals.

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Seminar Summary:

This highly informative seminar will enhance your knowledge and understanding of the fundamental legal issues related to condominium and homeowners' associations. (see full course description)

 
 

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print the agenda print agenda for the Establishing And Operating Condominium And Homeowners' Associations: Understanding The Legal Issues In Florida seminar

 

 

Training Course Syllabus:


This highly informative seminar will enhance your knowledge and understanding of the fundamental legal issues related to condominium and homeowners' associations. Discussions will examine legal issues as they relate to various aspects of the community associations, including formation, operation, legislative updates, construction/turnover claims and accounting considerations. After attending this seminar, you will have a greater sense of applicable laws and processes involved in developing and operating condominium and homeowners' associations, and will be able to handle a much broader range of the issues which arise in a condominium and homeowners' associations setting.

Seminar highlights:

  • Informative presentation on the formation of the condominium or homeowners' association
  • Practical concerns pertaining to the operation of condominium and homeowners' associations
  • Updates on Florida legislative changes affecting community associations
  • Construction issues related to turnover of community associations
  • Accounting and tax considerations affecting condominium and homeowners' associations

9:00 a.m. - 10:15 a.m.

I. Formation And Preparation Of Governing Documents

A. General Concepts And Distinctions Regarding Formation

B. Governmental Requirements

1. Applicability Of FS§ 718 To Condominiums

2. Applicability Of FS§ 720 To Homeowners' Associations

C. The Specifics Of Document Preparation

1. Basic Knowledge Of The Project And Client Needs

2. The Documents

D. Questions And Answers

10:15 a.m. - 10:30 a.m.

Break

10:30 a.m. - 12:00 p.m.

II. Operation

A. Legal Authority

1. Chapter 718, Florida Statutes (Condominium Act)

2. Chapter 720, Florida Statutes (Homeowners' Associations)

3. Chapter 617, Florida Statutes (Florida Not-For-Profit Corporation Act)

4. Chapter 607, Florida Statutes (Florida Business Corporation Act)

5. Chapters 61B-15 – 61B-25, Florida Administrative Code

6. Association Governing Documents

7. Association's Rules And Regulations

B. The Developer-Controlled Board Of Directors

C. Association Turnover

D. Members' Meetings

1. Notice

2. Quorum

3. Proxies

4. Annual Meeting

5. Special Meetings

6. Adjournment

7. Minutes

E. Election Of Directors

1. Notice And Deadlines

2. Qualifications

3. Ballots

4. Voting Certificates

5. Proxies

6. Official Records

F. Board Of Directors

1. Meetings

2. Responsibilities And Authority

G. Officers

H. Committees

1. Notice

2. Quorum

3. Voting

4. Adjournment

5. Minutes

I. Management

1. Self-Managed vs. Licensed Community Association Manager

2. Sections 468.431 – 468.348, Florida Statutes

3. Chapter 61-20, Florida Administrative Code

J. Governing Documents And Rules And Regulations

1. Amendment

2. Sales And Leasing Restrictions

3. Pet Restrictions

4. Antenna And Satellite Restrictions

5. Unit Owner vs. Association Maintenance Responsibilities

6. Alterations Or Improvements

7. Towing And Parking Restrictions

K. Official Records

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m - 2:15 p.m.

III. Legislative Update

A. Chapter 718, Florida Statutes (Condominium Act)

B. Chapter 719, Florida Statutes (Cooperative Act)

C. Chapter 720, Florida Statutes (Homeowners' Associations)

D. Other Legislative Changes Affecting Community Associations

1. Section 768.1325, Florida Statutes

2. Chapter 558, Florida Statutes (Construction Defects)

2:15 p.m. - 3:30 p.m. (Break 2:45 p.m. - 3:00 p.m.)

IV. Construction Issues For Turnover

A. Hiring The Engineer

1. Scope Of Services

2. Maintaining Confidentiality

3. Cost Reports – Purpose, Form And Use

B. The Association's Role In Assuring A Comprehensive Report

1. Use Of Questioners – A Typical Form

2. Use Of Association Staff To Perform And Document Defects And Other Warranty issues

C. The Moratorium Agreement

1. A Typical Form

2. Charlie Toppino and Sons v. Seawatch – The Importance Of Distinguishing Between Warranty And Statute Of Limitations

D. The Settlement Process From The Perspective Of The Developer, Contractor, Subcontractor And The Association

E. Form Settlement Agreement

F. Notice Provisions Of Florida Statute 558.004 And It's Ramifications

G. Disputes

1. Potential Causes Of Action

2. Potential Plaintiffs

3. Potential Defendants

3:30 p.m - 4:30 p.m.

V. Accounting And Tax Considerations Of Condominium Or Homeowners' Associations

A. C.I.R.A. Guide

1. Constitutes Generally Accepted Accounting Principles

2. Fund Accounting

3. Required Disclosures

B. Unique Areas

1. Reserves

2. Special Assessments

3. Financing And Debt Obligations

C. Taxation

1. Annual Election Of Tax Filing Methods (1120 vs. 1120H)

2. Tax Traps

Seminar Summary:

This highly informative seminar will enhance your knowledge and understanding of the fundamental legal issues related to condominium and homeowners' associations. (see full course description)

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