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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 Elizabeth "Beth" A. Lanham-Patrie
Posted on 
While it may seem to many unit owners that a director must also be a member of the association, this is not necessarily the case. This question is document driven. If the governing documents of a condominium association do not specifically require that a director also be a unit owner / member, then under …
By Elizabeth "Beth" A. Lanham-Patrie
Posted on 
While solar panels are often considered unsightly, they are a renewable energy device. For an individual home, they must be permitted by a homeowners association. However, they can be regulated. The relevant statute regarding solar panels is Section 163.04, Florida Statutes, which provides that no ordinances or laws can prohibit “the installation of solar …
By Elizabeth "Beth" A. Lanham-Patrie
Posted on 
Some communities have guests who are regular guests of an owner or tenant and violate the governing documents, or sometimes even violate the law by committing criminal acts. In such situations, gated communities, which have a guard 24/7 and can regulate access into the community, have asked whether their association can ban a guest …
By Elizabeth "Beth" A. Lanham-Patrie
Posted on 
Directors and officers of a condominium have a fiduciary duty to its Members. Therefore, they must be very careful when entering into a contract with the association for which they are an officer or director. In March’s Community Update, I addressed Conflicts of Interests – Condominium Service Providers. In this article however I address …
By Elizabeth "Beth" A. Lanham-Patrie
Posted on 
An association’s officers and directors, along with their family members and anyone who has a financial relationship with the director and/or officer, are completely prohibited from entering into an agreement with the condominium association.
Prior to July 1, 2017, §718.3026(3), Florida Statutes, was the only statute applicable regarding conflicts of interest. It …
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