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All Posts By Sara K. Wilson

Tree Maintenance and the Potential Impact of Section 163.045, Florida Statutes

In general, a community association is responsible for operating and maintaining the common areas of the community (in the case of homeowners’ associations), and the common elements (in the case of condominium associations). If there are trees located on these common areas/elements, the association’s maintenance duties will include trimming and even the removal of trees …

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Security Tips for Managing the Association’s Bank Accounts Online

Increasing numbers of people and small businesses, including community associations, have switched to managing their bank accounts exclusively over the internet.  Not surprisingly, these numbers surged even higher during the pandemic.  While online banking has become common place, so have incidents of cybercrime and fraud.  Banks of course use a variety of security measures to …

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Can Owners Stop the Turnover of a Homeowners’ Association?

In a newly developed community, transitioning control of the association from the developer to the owners is often an anxiously anticipated – and some might say, dreaded – event. Pursuant to Section 720.307, Florida Statutes, transition of control of a homeowners’ association – when members other than the developer are entitled to elect at least …

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Restricting Holiday Decorations in the HOA Setting

The holidays just ended but it seems the question of holiday decorations lives on. Every year, holiday decorations seem to appear earlier and get more extravagant, and not just in the retail setting. While studies are showing that people who decorate for the holidays early are happier, what constitutes “too soon” or “too much” in …

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What Notice is Required for a Rule Amendment?

Where a condominium association’s governing documents authorize the board of directors to promulgate rules regulating the use of the units and/or the common elements, it is important, when such rules are amended, that the appropriate notice requirements be met. Under Chapter 718, the Condominium Act, the notice requirements for a rule amendment depend upon the …

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Can an Association Be Held Liable for Discriminatory Conduct of Residents?

On a daily basis we read about acts of hatred and discrimination occurring in our society.  As residential communities are microcosms of the society at large, associations, too, are increasingly faced with determining how to deal with such issues.  Legal precedent has established that associations may be held liable for discriminatory acts committed by its …

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Swimming Lessons in the Community Pool – What’s the Risk?

In Florida, even after the heart of summer is long gone community swimming pools get a lot of use. But with increased use can come increased risks, particularly where owners are hiring instructors to provide private swimming lessons in the community pool. If you suspect that this may be occurring in your community, there are …

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