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All Posts By Kathleen O. Berkey, AICP

Condo/Co-Op/HOA Meeting Agendas & Notice Requirements

Florida laws governing community associations require notice of meetings to encourage owner participation. Here is a helpful guide summarizing the notice requirements under statute; however, this guide is not intended to be all inclusive and is only for general reference.

Meeting Type
Condo/Co-op
HOA

Board meeting(s)
48 hours posted notice with agenda, except …

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Addressing “Exploding” Frustrations Related to Fireworks Under New Law

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 …

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Why Community Associations Should Check Their Zoning and Entitlement History

Zoning laws are enacted by villages, towns, cities, or counties to control the types of uses and the parking ratio, intensity, density, and dimensions of those uses. This is for the purpose of preserving property values, managing growth, preserving the character of a community This facilitates the adequate provision of transportation, and promotes public …

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Phony Parking Violation Letters in Condominiums

Condominium living has its advantages and challenges – one such challenge is often parking. Today, people move into these communities with several vehicles in tow and in condominiums, there is limited space in the parking garages and parking areas for unit owners and their guests. Sometimes this results in unit owners taking parking, that …

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Florida Supreme Court Rules COVID-19 Pandemic Constitutes “Natural Emergency”

Governor Extends COVID-19 State of Emergency by 60 Days – Opportunities to Extend Certain Permits May Be Available to Associations

Section 252.363(1)(a), Florida Statutes, provides that certain qualifying permits and authorizations are eligible for an extension once certain States of Emergency are declared for the length of time the declaration …

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Slowly Getting Over the Hump: Addressing Speeding with Traffic Calming Devices

Between kids at play, exterior maintenance projects, pedestrians, and cyclists, your association could be seriously impacted by speeders. As a follow up to Jennifer Horan, Esquire’s article “Slow Your Roll: How to Address Speeding Issues in your Association,” published on October 28, 2019, can or should your association install traffic …

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“Don’t Tread on Me”: The Permissibility of the Gadsden Flag in Your Community

Is flying the Gadsden flag (i.e., the yellow “Don’t Tread on Me” flag with a snake) considered a flag of the United States of America and is it permissible in your community association? It depends.

For those not already familiar, the Gadsden flag is a historical American flag named after the American …

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State and Local Opportunities to Extend Certain Permits in Florida Due to COVID-19 May Be Available to Associations

As discussed in our earlier post on March 20, community associations may have access to an extension of opportunities for permits. Although Section 252.363(1)(a), Florida Statutes, as amended in 2019, only provides that certain qualifying permits and authorizations are eligible for an extension once certain “natural emergency” states of emergency are declared, there has …

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Opportunities to Extend Certain Permits in Florida Due to COVID-19 May Be Available to Associations

Community associations may soon have access to an extension of opportunities for permits. Although Section 252.363(1)(a), Florida Statutes, as amended in 2019 only provides that certain qualifying permits and authorizations are eligible for an extension once certain “natural emergency” States of Emergency are declared the current COVID-19 pandemic does not appear to fall under …

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