Q: What is the difference between a CDD and an HOA? (R.B., via e-mail)
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Difference Between HOA and CDD Explained
By Becker
Posted on
By Becker
Posted on
The Membership Poll – The Pros, Cons & Confusion of Taking Membership Surveys
By Becker
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The line between what an association’s board can legally do as a matter of law and what the board should do as a matter of good practice and policy is often blurred without any practical guidance available for well-intentioned directors who want to do the very …
Responsibility for Tree Branches & Roots
By Becker
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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?
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Is Your HOA Gate Opening To Increased Liability?
By Becker
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When a community has an entrance gate, it is almost inevitable that the association will at some point deal with the issue of whether it is responsible for damage to a vehicle which occurred when someone was entering or exiting the gate. The primary question to resolve in assessing liability in such a circumstance …
New Law Lays Term Limit Debate to Rest
By Becker
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Q: Is there a legal opinion on the impact of a condominium association’s board term limits due to the emergency declarations and emergency powers granted to association boards? (D.S., via e-mail)
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How to Handle Unexpected and Dangerous Situations
By Becker
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Florida associations are accustomed to preparing for hurricanes, but disaster plans should also account for other catastrophic events where there is often less advance warning, such as tornadoes, active shooter scenarios, and now global pandemics.
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The Ins & Outs of Preparing a Condominium Association Budget
By Karyan San Martano
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In many ways, the managing and operating of a condominium association is akin to operating a business. A primary similarity is the importance of careful and accurate financial planning and budget preparation. The board of directors of an association has fiduciary duties to its members. By paying close attention to the legal and technical …
Becker Uncovers Collusion Between Florida OIR & Citizens Insurance
By Becker
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Citizens Property Insurance allegedly overcharged Florida condominium association policyholders for years, according to the Fort Lauderdale, FL., law firm Becker. The firm also accuses the Florida Office of Insurance Regulations (OIR) of partaking in secret communications with the insurer, which resulted in a consent order being issued without a trial or considering the legality …
Addressing “Exploding” Frustrations Related to Fireworks Under New Law
By Kathleen O. Berkey, AICP
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Section 791.08, Florida Statutes, took effect on April 8, 2020 and has several implications for Florida homeowners’ associations. The statute provides that fireworks may be lawfully used on certain “designated holidays” which are defined as New Year’s Eve (December 31st), New Year’s Day (January 1st), and Independence Day (July 4th). Igniting fireworks any other …
Should an Association Allow Its Clubhouse, or Other Common Area, to Be Used for Gambling?
By Elizabeth "Beth" A. Lanham-Patrie
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While there are certain exceptions, generally, any game of chance is considered gambling. Section 849.08, Florida Statutes, defines gambling as follows:
“Gambling.—Whoever plays or engages in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value, …
