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All Posts By Elizabeth "Beth" A. Lanham-Patrie

Are Reserves Still Mandatory for Homeowners’ Associations?

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 is deemed to have provided for reserve accounts upon the affirmative approval of a majority …

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Issues to Consider Prior to Installing Security Cameras on the Common Areas – Part I

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 community. Some association want to install  security cameras as a way of deterring criminal acts …

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Should an Association Allow Its Clubhouse, or Other Common Area, to Be Used for Gambling?

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, shall …

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Does A Director of a Condominium Association Have to Also Be a Member?

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 Florida …

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Solar Panels & HOAs – Can They Be Restricted?

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 collectors, …

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Banning Guests from a Gated Community

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 and …

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Condominium Contracting With a Director for Goods & Services

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 conflict …

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