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Director Elections in HOAs (i.e. Welcome to the Wild, Wild West)

An increasing number of homeowners’ associations are adopting a two-notice, advance-nomination process for electing directors, similar to the election procedures statutorily dictated for condominium associations. Yet with many HOAs still operating with governing documents drafted by the developer, it is not uncommon to hear about situations where an association is running its condo-like election …

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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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Hurricane Insurance Claims for Condominium Associations

There is a lot of information on how associations can prepare for hurricanes but much less information as to what happens after the hurricane, particularly as it pertains to insurance claims. A question that managers and board members need to consider is, what is required after a hurricane to ensure compliance with your insurance …

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What to Do When a Vendor Damages Association Property

Service providers often cause property damage in community associations. Imagine a furniture delivery driver in a rush to make his next appointment, clipping your community’s security gate and taking a portion of it down the road, or a garbage truck leaking hydraulic fluid on your community roadways, leaving permanent stains. What should your association …

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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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