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What is a “Fining Committee” and Who Can Be on It?

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 properly, it may result in invalidation of the fine, and can also result in potential …

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Absentee Owners and Unoccupied Condominium Units

In condominium associations throughout the state, it is common for there to be seasonal unit owners who leave their units unoccupied during portions of the year. For associations faced with periodically unoccupied units in multifamily condominium buildings, there are distinct legal issues worth considering in advance of problems arising.

Florida’s Condominium Act (the …

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My Association is Responsible for What?!? The Good, Bad, and Ugly of Contractual Indemnity

“Indemnity” is a legal term of art which stands for the right of a party to claim reimbursement for its loss, damage, or liability from another party who has such a duty.  Ordinarily, the duty to indemnify arises through express contractual agreement.  The 2014 adoption of section 468.4334, Florida Statutes, has brought …

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What Associations Need to Know About Homestead

Article X, Section 4 of Florida’s Constitution protects homestead property from many kinds of forced sales. However, since foreclosures of homestead properties for unpaid association assessment debts and for unpaid mortgage debts occur routinely, it is easy to see how many homeowners’ associations and condominium associations are lulled into thinking that constitutional homestead property protections …

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Can Remote Meetings Be Held Now That the State of Emergency Has Expired?

The “state of emergency” that had been imposed by Governor DeSantis in light of the COVID-19 pandemic expired on June 26, 2021.  As a result, the “emergency powers” given to condominium, cooperatives, and homeowners’ associations in Sections 718.1265, 719.128, and 720.316, Florida Statutes, respectively, are no longer in effect.  The emergency powers that were in …

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“Caring for the Financial Well-being of the Association,” FLCAJ Magazine

To ensure the financial well-being of the association, boards and managers should focus on at least four factors in the association: budget, reserves, insurance, and collection practices. This article will take a brief look at each of these, but this is not a finite list. It is recommended that you consult with your association attorney and …

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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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Issues to Consider Prior to Installing Security Cameras on the Common Areas – Part I

Many associations now install security cameras on the common areas to guarantee video evidence of any intentional vandalism or negligent actions which result in damage to the common areas, such as a vehicle running into the gate of a gated community. Some association want to install  security cameras as a way of deterring criminal acts …

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Bankruptcy Basics for Community Associations

Associations generate nearly all of their funding through fees and special assessments paid by members of the shared ownership community. Some members who fall behind in their financial obligations may look to bankruptcy as a way to address their debts, so it is helpful for directors and property managers to be familiar with some of …

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Playing for Keeps – What Rights & Authority Is an HOA Developer (or Successor Developer) Allowed to Keep after Turnover?

For many Homeowners’ Association (“HOA”) owners and board members, the words “turnover” and “transition” are two of the most anxiously anticipated yet mysterious terms in community association lingo. Often used interchangeably, the phrases generally refer to the period of time (or “triggering event”) in the development of the community at which the developer is required, …

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