Of all enforcement options available to an association for violations of its governing documents, the imposition of fines is one that yields many questions due to the strict procedures required to impose a fine. If the process is not followed …
Kathleen O. Berkey, AICP
Governor Ends COVID-19 State of Emergency – Opportunity to Extend Certain Permits Remains
Florida Governor DeSantis recently allowed Executive Order No. 20-52, which originally declared a State of Emergency for the entire State on March 9, 2020 in response to confirmed COVID-19 cases in Florida, to expire after eight (8) …
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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), …
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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 …
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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 …
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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 …
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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,” …
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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 …
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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 …
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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 …
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