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All Posts By Kathleen O. Berkey, AICP

The ABC’s – Alcohol Sales, BYOB, and Related Considerations

Does your association include facilities that serve and sell alcohol? Is the association property zoned to permit alcohol-related uses? Does your association hold any alcoholic beverage licenses from the Florida Department of Business and Professional Regulation’s Division of Alcohol Beverages and Tobacco (“Division”) and corresponding local government approvals and, if so, what is the geographical …

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Community Association Due Process Rights with Respect to Neighboring Developments

If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and residents procedural due process, which includes fair notice of the public hearings at which the …

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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 in …

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Community Association Due Process Rights with Respect to Neighboring Developments

If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and residents procedural due process, which includes fair notice of the public hearings at which the …

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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 day …

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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 health …

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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 violates …

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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 is …

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