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Does My Association Include Fully Funded Reserves in Its Proposed Budget?

With the budget season approaching, many condominium associations may wonder how to prepare a budget when it’s anticipated that members will vote to waive or partially fund reserves. The board must create a proposed annual budget that includes estimated revenues and expenses. In addition to annual operating expenses, Section 718.112(2)(f)(2)a, Florida Statutes, requires the …

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Be Wary of MRTA

A little-known law, which can present big problems for planned residential and commercial subdivisions, has undergone a number of recent changes intended to make it more manageable and less impactful on the associations which oversee or manage planned residential and commercial subdivisions.

While the law, commonly known as MRTA and formally known …

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Diligencia Al Invertir En Comunidades Costeras

Aunque invertir y comprar una propiedad cerca del mar parece ser una inversión de un sueño hecho realidad, el cambio climático y el aumento del nivel del mar se han convertido en una amenaza existencial que puede afectar la viabilidad económica de invertir y comprar una propiedad en comunidades costeras. Excluyendo Alaska, la Florida …

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To Notice, or Not to Notice, That Is the Question: Closed Board Meetings

The answer to the question of whether all board meetings must be properly noticed to the members is YES. Even the emergency powers section of the community association statutes require notice to be given as is practicable.

What about “closed board meetings?” The answer remains YES. As you are likely aware, there …

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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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Hurricane Insurance Claim Deadlines

Almost three years have passed since Hurricane Irma and almost two years since Hurricane Michael. If your community has received insurance money and rebuilt, or if your community has only suffered minor damages, both hurricanes may seem a lifetime ago. Unfortunately, many communities are still suffering through unpaid claims and, in many cases, unknown …

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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 …

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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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COVID-19 Presents Unique Questions for Associations

The World Health Organization has declared the Coronavirus a pandemic. States of emergency have been declared at the federal, state and many local levels.

Not surprisingly, we are being asked what steps associations can and can’t (and should and shouldn’t) take. All of the association statutes in Florida contain an “emergency powers” …

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Condos, Cruise Ships and COVID-19: Surprising Commonalities

The cruise ship industry has been particularly hard hit by COVID-19’s rapid spread amongst passengers. For those who were unfortunate enough to deal with a ship-board quarantine, the fact that they would eventually be able to disembark and return to their homes helped them cope. But what if your home posed the same risks …

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