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“Death of Candidate Does Not Require New Election,” News-Press

Q: My condominium association recently held its annual election. Seven people ran for five open seats, including the five incumbent directors and two other candidates. The ballots were sent out properly. An incumbent board member passed away a week before the election. At the annual meeting, the remaining four members of the board were re-elected. …

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“Community Associations Threatened With Website Litigation Under the ADA,” Daily Business Review

In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users.

The genesis for these association website suits may lie with the holding in the recent Domino’s Pizza v. Robles case. That case was originally brought by a …

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“Should Extra Ballots be Counted?,” Naples Daily News

Q: My condominium association recently held its annual meeting and the election was quite close. Only one vote separated the candidates for the last open director position. The candidate that lost the election by one vote requested to review all the election materials, including the ballots. He determined that three election ballots, all with votes cast …

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Defending Sea Turtle Lighting Code Enforcement Actions

Have you or your community association been faced with code enforcement violations related to sea turtle lighting? Even the best intentioned can be faced with such an issue in a coastal community.

Kathleen O. Berkey, B.C.S., AICP, a Becker land use and community association attorney and certified land planner who is a Board Certified Specialist in …

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“HOA Rule Amendments Must be Recorded,” News-Press

Q: Could you please tell me when the State passed legislation to require HOA’s to record its rules and regulations? (T.D., via e-mail)

A: As of July 1, 2018, homeowners’ associations are required to record amendments to their rules and regulations.

The recording requirement is the result of an amendment made to the Section 720.306(1)(e) of …

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Shedding Light on Sea Turtle Lighting

The Florida Fish and Wildlife Conservation Commission (FWC) and coastal local governments regulate what lighting is permitted to avoid and minimize the impacts to sea turtles, but why is artificial coastal lighting a problem? In the southeastern United States, sea turtle hatchlings begin to hatch throughout the months of June through October, most often at night …

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