On the evening of December 26, 2024, the 5th Circuit Court of Appeals issued a significant decision in Texas Top Cop v. Garland. The court vacated its prior ruling that had granted the United States’ Motion for a Temporary Stay pending appeal on the enforcement of the Corporate Transparency Act (CTA). This latest development means […]
Imagine waking up to the sound of a tow truck hauling your car out of your own driveway for expired tags—a violation not even visible from the street. That’s exactly what residents of a Pasco County neighborhood recently experienced, as reported here. This incident highlights the need for HOAs to tread carefully when it comes […]
If your HOA or community association is involved in litigation—like collections or enforcement—important changes to Florida’s Rules of Civil Procedure are coming. Starting January 1, 2025, these updates will affect how lawsuits are filed and handled in state courts. Here’s what you need to know: Key Changes How to Prepare Need Help? Our team at […]
The purpose of this post is to provide a key update on the Corporate Transparency Act (CTA) that may impact your compliance plans. Yesterday, a federal court in Texas issued an order in Texas Top Cop Shop, Inc. v. Garland enjoining enforcement of the CTA's Reporting Rule nationwide. The court ruled that the CTA exceeds […]
Board Certification Update, "The Convo Association," and More
The Corporate Transparency Act (CTA) was passed with the goal of combating illicit activities like money laundering and terrorism financing. Under the CTA, many entities—including community associations such as homeowners associations (HOAs), condominiums, and housing cooperatives—would be required to submit detailed reports on their “beneficial owners” to the federal government. These reporting requirements, while aimed […]
The introduction of new reserve funding requirements for condominiums in Florida has sparked significant debate, particularly concerning whether these requirements can apply retroactively to condominiums with existing conflicting language in their governing documents. This issue hinges on several legal interpretations and past arbitration rulings. Kaufman Language The "Kaufman" language refers to a provision in a […]
Recent legislative changes in Florida, specifically House Bill 1021 and House Bill 1203, have introduced new educational requirements for Board Members, effective July 1, 2024. The Florida Department of Business and Professional Regulation (DBPR) has developed a 4-hour Board Member Certification Program designed to help Board Members understand their responsibilities under the new statutory requirements. […]
In recent legislative sessions, Florida lawmakers have passed significant legislation affecting homeowners' associations (HOAs). House Bills 1203, 59, and 293 introduce various changes aimed at enhancing transparency, accountability, and homeowner rights within community associations. This post will focus solely on HB 1203 to outline the key changes of which our clients must be aware: As […]
