Resources & Legal Forms
Real Estate Law • Community Association Law • Insurance LawHelping Homeowners’ Associations & Condominiums in Miami legally manage property-related challenges.
Legal Forms & Documents
Arbitration
- Petition for Mandatory Non-Binding Arbitration (DBPR)
- Petition for Mandatory Non-Binding Arbitration – Election Dispute (HOAs) (DBPR)
- Answer to Petition for Arbitration (Condo) (DBPR)
- Answer to Petition for Arbitration (HOAs) (DBPR)
- Qualified Representative Application (Condo) (DBPR)
- Qualified Representative Application (HOAs) (DBPR)
- Request for Expedited Determination of Jurisdiction (DBPR)
- Subpoena Ad Testificandum (DBPR)
- Subpoena Duces Tecum (DBPR)
Budget and Reserves
- Budgets & Reserve Schedules – A Self-Study Training Manual for Beginners (DBPR)
Corporate Governance
- Official Records of Our Condominium Association – English (DBPR)
- Official Records of Our Condominium Association – Spanish (DBPR)
- Official Records Request Form (Condo) (DBPR)
- Request to Access Association Record (DBPR)
- Variances and Waivers – English (DBPR)
- Variance and Waivers – Spanish (DBPR)
- Association Change of Address (DBPR)
- Change of a Registered Agent / Registered Office (Div. Corps.)
- Resignation of a Registered Agent (Div. Corps.)
- Resignation of Officers / Directors (Div. Corps.)
- Non-Profit Articles of Amendment (Div. Corps.)
Disaster Relief
- Preparing for A Disaster(DBPR)English
- Preparing for a Disaster (DBPR) Spanish
Florida Administrative Code
- 61B-15 through 25, 45, and 50, Florida Administrative Code (Condos)
- 61B-80 and 81, Florida Administrative Code (HOAs)
Florida Statutes
- FS 718–Condominium
- FS 720—Homeowners Association
Housing for Older Persons Act of 1995
- Registration Letter (FL Comm. On Human Rel.)
- Housing for Older Persons Act – 1995 Amendment (HUD)
- Implementation of the Housing for Older Persons Act of 1995 – Final Rule (HUD)
- Questions and Answers Concerning the Final Rule Implementing the Housing for Older Persons Act of 1995 (HOPA) (HUD)
Insurance Claims
Hurricane Season Has Begun in Miami, Florida
Season June 1 – November 30
Are You Ready?
The Law Offices of Dania S. Fernandez & Associates, P.A. is ready to handle every aspect of your community’s insurance claims for property damage. Early planning and preparation is crucial to the safety of the community and full recovery of the community’s losses. We work for you, not the insurance company.
HERE ARE A FEW POINTS TO START CREATING YOUR HURRICANE SEASON MASTER PLAN:
SAFE KEEP THE COMMUNITY ASSOCIATION’S OFFICIAL RECORDS
Have the following in a separate location:
- Articles of Incorporation of the association;
- Declaration of Condominium;
- Association By-Laws;
- Rules and Regulations;
- Amendments, if any;
- Insurance Policies;
- Construction Plans: Architectural Plans and Specifications; Engineering/Civil; Engineering/Structural and Mechanical; As-built drawings;
- Owner Roster: Record title owners; Emergency Contact Information;
- Bank Accounts, along with a list of authorized signatures;
- Contracts: Maintenance and Operation; cancellation provisions;
- Employee Information:
- Full Name,
- Date of Birth,
- Social Security Number,
- Person to notify in event of an emergency.
I suggest a PDF saved copy of all records on a USB drive.
TAKE PICTURES AND VIDEO OF YOUR COMMUNITY TODAY
Make sure to maintain these picture and videos off-site. Before/after pictures and videos can make a big difference when claiming property damage.
CREATE A TELEPHONE ROSTER
Put together a list of all telephone numbers of all names, addresses and phone numbers for Board of Directors, management, maintenance personnel and emergency service agencies.
INVENTORY OF EMERGENCY SUPPLIES
Create an inventory of any supplies owned by the association, such as vans, golf carts, walkie-talkies, generators fire extinguishers, flashlights, radio, etc.
CREATE A DISASTER/EVACUATION COMMITTEE
The Board of Directors has the power to create committees. At your next open Board meeting place an agenda item to create a Disaster/Evacuation Committee. How many and whom is chosen is up to the Board?
- This Committee can serve as facilitators for the Board, Management and the Community. In the event of a disaster, there will be chaos and many in need of help.
- This Committee can function to help guide owners and call for help when help is needed.
- This Committee should be provided all important numbers including a list of all vendors, copies of all outstanding contracts and a list of professionals employed by the association including but not limited to the Association accountant, attorneys, insurance agent and management.
- The Committee should also be provided the whereabouts of the off-site official records.
- This Committee can help make phone calls to cancel services, call professionals and vendors as needed.
Legislative Changes
- New Estoppel Requirement July 1, 2017
- Legislative Changes for Condominium Association
- Changes Effecting Condominium Association
Mediation
- Mediation Information Sheet – English (DBPR)
- Mediation Information Sheet – Spanish (DBPR)
Membership Meeting / Annual Election Forms
- Election Brochure for Condominium and Cooperative Associations – English (DBPR)
- Election Brochure for Condominium and Cooperative Associations – Spanish (DBPR)
- Election Checklist – English (Condo) (DBPR)
- Election Checklist – Spanish (Condo) (DBPR)
- Election Flowchart – English (Condo) (DBPR)
- Election Flowchart – Spanish (Condo) (DBPR)
- Condominium Association Candidate Certification Form (DBPR)
- Limited Proxy (Condo) (DBPR)
- General Information About Proxies (Condo) – English (DBPR)
- General Information About Proxies – Spanish (Condo) (DBPR)
- Petition for Appointment of an Election Monitor (Condo) (DBPR)
Recall
- Sample Written Recall Agreement/Ballot (Condo) (DBPR)
- Sample Written Recall Agreement/Ballot (HOAs) (DBPR)
- Sample Recall Petition (Condo) (DBPR)
- Sample Recall Petition (HOAs) (DBPR)
- Recall Guide for Homeowners Seeking to Recall Members of their Board of Directors (DBPR) – HOAs Only
Resale / Lease
- A Guide to Purchasing a Condominium – English (DBPR)
- A Guide to Purchasing a Condominium – Spanish (DBPR)
- Condominium Living in Florida – English (DBPR)
- Condominium Living in Florida – Spanish (DBPR)
- Condominium Governance Form (DBPR)
- Condominium Unit-Owner Rights and Responsibilities – English (DBPR)
- Condominium Unit-Owner Rights and Responsibilities – Spanish (DBPR)
- Frequently Asked Questions and Answers Sheet (DBPR)
Retrofitting
- Retrofitting Report for Condominiums (DBPR)