Over the past few years there seem to be more communities with persons who are threatening, being aggressive, or even stalking board members and/or the association’s manager. In those cases where the person acting in a threatening manner is not …
More on the Installation of Security Cameras
Elizabeth "Beth" A. Lanham-Patrie
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The installation of a security camera on condominium common elements is considered a material alteration or substantial addition to the common elements. In Sterling Village Condo., Inc. v. Breitenbach, 251 S.2d 685, 687 (Fla. 4th 1971), the court defined “material …
Are Reserves Still Mandatory for Homeowners’ Associations?
Elizabeth "Beth" A. Lanham-Patrie
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There were several revisions to Chapter 720, which went into effect July 1, 2021. One of these revisions was to Section 720.303(6)(c) and (d), Florida Statutes. The revisions to this Section now provide, in part:
- An association …
Issues to Consider Prior to Installing Security Cameras on the Common Areas – Part I
Elizabeth "Beth" A. Lanham-Patrie
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Many associations now install security cameras on the common areas to guarantee video evidence of any intentional vandalism or negligent actions which result in damage to the common areas, such as a vehicle running into the gate of a gated …
Responsibility for Tree Branches & Roots
Elizabeth "Beth" A. Lanham-Patrie
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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?
…
How to Handle Unexpected and Dangerous Situations
Elizabeth "Beth" A. Lanham-Patrie
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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.
…
Should an Association Allow Its Clubhouse, or Other Common Area, to Be Used for Gambling?
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, …
Responsibility for Tree Branches and Roots
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 …
Does A Director of a Condominium Association Have to Also Be a Member?
Elizabeth "Beth" A. Lanham-Patrie
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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 …
Solar Panels & HOAs – Can They Be Restricted?
Elizabeth "Beth" A. Lanham-Patrie
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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 …
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