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By Elizabeth "Beth" A. Lanham-Patrie
Posted on 
Who is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway?
Florida common law provides that a property owner (owner of the tree) does not owe a duty to remove or trim tree branches …
By Jay Roberts
Posted on 
In Part I of this two-part series, we discussed the importance of amending governing documents. Part II discusses tips on how a board of directors can put itself in the best position to have the proposed amendments approved by the membership.
START EARLY:
Work with the association’s counsel …
By Maritrini Soto Garcia
Posted on 
Community associations are not administered by a single director or officer of the board, instead, the affairs of such associations are administered by its board. The articles of incorporation and/or bylaws of an association most often specify the required minimum number of board members. In the condominium context, the Florida Condominium Act provides that …
By David G. Muller
Posted on 
Q: There are numerous parking violations and pet violations occurring in my condominium community. I don’t believe the board and manager are taking proper enforcement actions. Are owners entitled to review board meeting minutes to see what, if anything, is being done to address these ongoing violations? Am I entitled to copies of …
By Becker
Posted on 
Jennifer Horan has spent over twelve years addressing and resolving a myriad of issues facing community, condo, and homeowners’ associations. Below is a collection of her insights regarding association board roles and responsibilities, managing disputes, COVID-19 health and safety protocols and enforcement, and more.
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By Joseph Adams
Posted on 
Q: A member of our homeowners’ association board shared a few e-mails that were sent between board members. In these e-mails, the board members discussed association business, individual homeowners, and how they planned to handle certain decisions. Are these e-mails considered public information? What is the best way for homeowners to obtain these …
By Becker
Posted on 
When teaching contract law to my undergraduate students at Florida International University, I always begin with a question: “How many of you sign a contract without reading it?” A simple question and one would think that everyone reads before they sign. But no. Mostly everyone signs without reading, whether a credit card agreement, apartment …
By Joseph Adams
Posted on 
Q: An issue has come up in my condominium association regarding the role of the association president. Some members, including the current president, feel that the president of the association has the authority to take any action on behalf of the association without the consent of the rest of the board. Is this correct? …
By Lilliana Farinas-Sabogal
Posted on 
For many, 2020 felt like it was a giant pause button in an otherwise whirlwind of activity. Due to health and safety concerns related to COVID-19, many planned repairs and/or replacement projects were postponed. As the new year starts off, communities may begin to look at starting these projects anew. If your community is …
By Becker
Posted on 
Vote of the Regulatory Reform Subcommittee Fell Mostly Along Party Lines
As our many local government clients know, the Becker Team has been intimately involved in lobbying against the many attempts to limit their ability to manage the vacation rental crisis. The issue continues to severely impact cities …
Becker, with headquarters in Fort Lauderdale, FL., is a multi-practice commercial law firm with attorneys, lobbyists and other professionals at offices throughout the East Coast.
