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Condominium Rule Restrictions of Door-to-Deliveries: A Right or a Convenience?

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In today’s world, almost anything you can fathom can be conveniently delivered to your door. Whether it is pet food, medicine, or your next meal, you can have seemingly anything you want delivered without ever leaving the comfort of your …

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The Danger of Substituting Artificial Intelligence for Your Attorney

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“Don’t confuse your Google Search with My Law Degree.” This is a popular saying found on attorney coffee mugs these days, and this sentiment does not seem so farfetched as we live in a world increasingly dependent on autonomy and …

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Things Associations Should Know About Tax Deed Sales

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Every so often associations will unexpectedly receive notice that a tax deed has been applied for in connection with a parcel or condominium unit in the community. Those notices will describe tax certificates, provide a redemption amount, and state the …

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Holiday Decorations – Ho, Ho, Ho or Bah Humbug?

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As the holiday season approaches, it is a good time for associations to consider its authority regarding outdoor holiday decorations. Every community is different, and opinions vary about when the holiday decorations should be put up and “how much” is …

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Implementing Condominium Restrictions

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When faced with a reoccurring issue in a condominium, the Board of the Directors may want to consider implementing a restriction as a long term solution to the problem. For example, after increasing complaints of loud music at late hours, …

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The Effect of Section 720.3045, Florida Statute on Homeowner Association

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Section 720.3045, Florida Statutes was created during the recent legislative session as part of House Bill 437. This section prevents associations from restricting the installation, display and storage of “any item” on a parcel that is not visible from the …

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Damage to Units

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What if there is a leak in the unit; whose insurance covers the damage?

There are usually three parties to this type of situation: 1) the owner who caused the leak; 2) the other owners damaged by the …

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Who May Run for the Board?

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Can a non-owner be a Board member in a Condominium?

Every year this question comes up in one form or another. In some cases, it is a spouse who is not on the deed who wants to be …

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Fiduciary Relationship and the Business Judgment Rule

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Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association …

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Are Those Under Age 18 a Protected Class?

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In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering …

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Navigating the Complex World of HOA Architectural Control

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What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members?

In the case, Young v. Tortoise Island Homeowners Association, Inc., the court …

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Borrowing Money

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As one of a handful of Becker attorneys who assists condominiums, cooperatives, and homeowners associations in obtaining bank loans on a regular basis, I’ve noted a few mistakes that boards make when deciding to obtain a loan.

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