Real Estate Law Article
Dan Rich

Wrap-Up of 2018 Legislative Changes for Community Associations

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By Dan Rich

On March 23, 2018, Governor Rick Scott signed House Bill 841 into law. House Bill 841, which shall take effect on July 1, 2018, makes numerous alterations to a number of statutes regulating certain community associations (i.e. cooperatives, condominiums and homeowners associations; however, House Bill 841 does not amend Chapter 723, which relates to mobile home parks). Below are some of the highlights of House Bill 841:

Fines and Suspensions: A fine approved by the fining committee of a homeowner, condominium or cooperative association is due five (5) days after the date of said committee meeting at which the fine was approved. Sections 718.303(3)(b), 719.303(3)(b) and 720.305(2)(b), Florida Statutes. If the fine is not paid after the five (5) days said fine can be assessed for each day the violator continues to not comply with the association’s governing documents. Once the fine reaches a total of one thousand dollars ($1,000), the association can then proceed to place a lien on the violator’s property in accordance with Florida law.

Notice of Meetings: A homeowners association, or HOA, is allowed to give notice by email to any parcel owner who has previously provided written consent and an email address to the HOA for the purpose of receiving notices. Section 720.303(2)(c)1., Florida Statutes. Condominium and cooperative associations were previously permitted to do so.

Official Records: A condominium association must permanently maintain the following documents since inception of the association (as opposed to the general requirement of seven (7) years of retention): (i) a copy of the articles of incorporation, declaration of covenants, bylaws and rules and regulations, if any, of the association; (ii) meeting minutes; and (iii) a copy of all plans, permits, warranties and other items provided by the developer at turnover. Section 718.111(12), Florida Statutes.

Board Member Communication: Members of the board of directors for cooperative associations and HOAs are permitted to utilize email as a means of communication; but, a director may not cast a vote on an association matter via email. Sections 719.106(1)(c) and 720.303(2)(a), Florida Statutes.

Term Limits: The provision that a condominium board member may not serve more than four consecutive 2-year terms was repealed by House Bill 841. Now, condominium board members may not serve more than eight (8) consecutive years, unless approved by a two-thirds (2/3) vote of unit owners or there are not enough eligible candidates to fill said vacancy. Section 718.112(2)(d)2., Florida Statutes.

Electric Vehicles: Condominium associations are now permitted to authorize the installation of charging stations for electric vehicles in limited common element parking spaces at the expense of the unit owner to which the parking space is assigned. Additionally, condominium associations may not prohibit unit owners from installing electric vehicle charging stations within limited common element parking spaces, provided that such installations must comply with Section 718.113(8), Florida Statutes.

HOA Elections: If an election is not required by the association’s by-laws because there are fewer or an equal number of candidates than the number of vacancies on the board to be filled, and nominations from the floor are not mandated by the association’s by-laws, then write-in nominations are not permitted and the candidates will commence service on the board regardless of whether a quorum is attained at the meeting in which the directors are elected. Section 720.306(9)(a), Florida Statutes.

Modifications: If a condominium declaration does not outline a procedure to approve material alterations to condominium property, then approval by seventy-five percent (75%) of the voting interests must be obtained prior to the material alterations to the property may begin. Section 718.113(2), Florida Statutes.

In addition to the provisions highlighted above, House Bill 841 contains other changes to Florida’s community association statutes.  Persons who reside or own property within a homeowners, condominium or cooperative association should take time to review House Bill 841. The full text of this Bill is available for free on the Florida Legislature’s website (Link: https://www.flsenate.gov/Session/Bill/2018/00841).  If you have questions about the new laws or how they may impact you or your community, you should consider consulting an attorney who is knowledgeable in Florida community association law for guidance.

Corporate Law Article
J. Matthew Kelly

What Employers Need to Know about the Family & Medical Leave Act

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By: J. Matthew Kelly, Esq.
Clark, Campbell, Lancaster & Munson, P.A.

The Family & Medical Leave Act (FMLA) is a federal law which seeks to balance the demands of the workplace with the needs of the family by entitling employees to take reasonable leave for medical reasons, birth or adoption of children, and to care for family members with a serious health condition.

Not all employers are subject to the requirements of the FMLA. For a private employer to be a covered employer under the FMLA the employer must employ 50 or more employees in 20 or more workweeks in the current or previous calendar year. Different requirements apply to public employers and schools.

For an employee to be eligible for leave under the FMLA the employee must (1) work for a covered employer, (2) have worked for the employer for at least 12 months as of the date that the employee is to take leave under the FMLA, (3) have worked at least 1,250 hours for the employer in the preceding 12-month period from the date the employee is to take leave under the FMLA, and (4) work at a location where the employer employs at least 50 people within 75 miles of the employee’s worksite.

Once it is determined that an employee is entitled to leave under the FMLA, an eligible employee may take up to 12 workweeks of leave within a 12-month period. An employee is entitled to take leave in the following situations: (1) the birth or adoption of child, (2) to care for a family member who has a serious health condition, (3) for an employee’s own serious health condition, and (4) for certain circumstances relating to a family members military service. In some circumstances, leave can be extended for military caregivers.

Important Considerations for Employers

  • Covered employers are required to post and keep posted, in conspicuous places, a poster setting forth excerpts from, or summaries of, the pertinent parts of the FMLA. Additionally, a general notice regarding the FMLA must be included in employee handbooks or provided to new hires.
  • If an employee requests leave under the FMLA the employer must provide the employee with notice concerning his or her eligibility for FMLA leave and his or her rights and responsibilities under the FMLA.
  • If an employee’s leave is designated as FMLA leave the employer must provide to the employee a designation notice stating that the leave qualifies as FMLA leave, outline the requirements of the employee while on leave, and, if known, the amount of leave that will be deducted from the employee’s entitlement to FMLA leave.
  • In certain situations, an employer is entitled to request a certification from the employee which supports the employee’s need for leave under the FMLA. The certification process allows the employer to obtain information regarding the employee’s request for leave.
  • In certain situations, employers may require employee to take accrued paid leave like sick or vacation leave to cover the requested FMLA leave.
  • Employers must maintain the employee’s coverage in group health plan when on FMLA leave in the same manner as when the employee was not on FMLA leave.
  • When an employee returns from FMLA leave the employee must be put back in to the same position as when the leave commenced or be placed in an equivalent position with equivalent payments and benefits.
  • Importantly, an employer can be liable for various damages, including wages, salary, employment benefits, costs, and attorney’s fees, if the employer interferes, restrains, or denies rights provided for under the FMLA.

If your company is facing an issue related to the FMLA or wants to ensure compliance with the standards set forth in the FMLA, contact an attorney immediately to protect your rights as the FMLA is a complex federal law with many nuances.

J. Matthew Kelly is an attorney with the law firm Clark, Campbell, Lancaster & Munson, P.A. in Lakeland. Questions can be submitted to thelaw@cclmlaw.com.