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Community Update, Volume 04, 2016

In this Issue:

Summertime Grilling on a Condominium Balcony…Think Again

While summer grilling covers the gamut from burgers and hot dogs to salmon and pizza, if your community is a condominium, grilling on a balcony could spell big trouble. Even if the Association’s rule and regulations permit the use of electric grills, the Florida Fire Prevention Code controls and it specifically prohibits even electric grills on balconies.

How Can Associations Enforce Traffic Laws on Private Roads in the Community?

Where the streets in a community are private, law enforcement does not have the authority, on its own, to come in and enforce Florida traffic laws. Do not fret however as Florida Statutes § 316.006 provides some respite. The Statute specifically allows for owners of private roads to enter into agreements with cities/counties for the enforcement of Florida traffic laws over their private roads. Just make sure to check the requirements for such an agreement since there may be an expense, insurance requirements, signage requirements and so forth.

Surveillance Cameras: Friend or Foe to an Association?

Everything gets caught on video now-a-days but is that always a good thing especially when the governing documents do not require specific security measures? Actually taking on or simply appearing to take on the duty to provide security results in an Association having to take proactive measures to prevent criminal activity. If an Association deems cameras are the right way to go, make sure not to call them security cameras which implies a sense of safety. Instead consider calling them surveillance cameras and make sure that a system is created to ensure they are properly working.

7-Day Rental Application Processing Requirement for Service Members

Recent changes to Florida law set new deadlines for Associations faced with a service member applying for rental approval in the community. There is now a 7-day deadline at which time written notice must be provided approving or denying the application. Denials must be substantiated at that time as well. If your community’s rental package does not ask if the applicant is a service member considering adding that question to the application since the 7-day processing requirement applies whether or not an Association knows the person is a service member.

As summer takes hold, many communities will come to life with BBQs, pool parties, and new residents now that the school year is over and families tend to relocate. In this issue, we look to help Associations navigate the summer waters as smoothly as possible.

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