An increasing number of homeowners’ associations are adopting a two-notice, advance-nomination process for electing directors, similar to the election procedures statutorily dictated for condominium associations. Yet with many HOAs still operating with governing documents drafted by the developer, it is …
Lender Questionnaires
Associations and association managers routinely receive what are referred to as lender questionnaires on a regular basis.
A lender questionnaire is usually a request from a bank, lending institution or title company that requests the Association provide information …
Condo Hurricane Repairs Explained
Q: My condominium building suffered significant damage from Hurricane Ian, including damage to the exterior of the building and the interior of the units. The association recently said that it will begin making various repairs, including repairs inside the unit. …
Water Will Come: Get Your Ducks in A Row
Florida has a well-deserved reputation for many things: world-class theme parks, stunning beaches, and, to the delight of outsiders everywhere, the exploits of the infamous “Florida Man.” We also accept, as an inescapable consequence of living in our state, that we …
The Impact of Construction Next Door on Your Community with Katie Berkey, AICP, Becker & Poliakoff
This week, Becker Shareholder Kathleen “Katie” Berkey, AICP, sits down with Donna DiMaggio Berger and explains how she helps clients deal with all sorts of issues related to their property. As …
HOA Audit Can be Waived
Q: My homeowners’ association is required to have an audit every year. This year there is a discussion of skipping the audit. Are there voting guidelines and deadlines on this? (A.G., via e mail)
A: Section 720.303(7) of the …
Election Proxies Questioned
Q: The survey for my lot when I closed on my property shows a 15-foot-wide drainage easement dedicated to my homeowners’ association. Can my association use the drainage easement for another purpose besides drainage? (A.D., via e-mail)
A: Most …
Combatting Growing Hate Crimes Inside Community Associations with Sarah Emmons, the Florida Regional Director of the Anti-Defamation League
This week, Donna DiMaggio Berger sits down with Sarah Emmons, the Florida Regional Director of the Anti-Defamation League (ADL), to discuss recent incidents of hate symbols being placed inside community associations, how antisemitism takes root …
Easements Explained
Q: The survey for my lot when I closed on my property shows a 15-foot-wide drainage easement dedicated to my homeowners’ association. Can my association use the drainage easement for another purpose besides drainage? (A.D., via e-mail) …
Reviving Unenforced Restrictions
The previous boards failed to enforce the provisions of the Declaration, bylaws, and/or rules and regulations of the community and now whenever the manager tells someone that they are in violation, the response is that the Association allowed this to …
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