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Category – Community Update Articles

The Association’s Responsibility for Wildlife in the Community

As Floridians, we are familiar with various types of wildlife surrounding our neighborhoods. As new communities develop and expand into natural habitats throughout the state, interactions between residents and wildlife are increasingly common. Most of the time, these interactions are unproblematic, but dangerous incidents can, and do, occur. The tragic alligator attack of the two-year …

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Statutory and Non-Statutory Reserves in Homeowners’ Associations

Given the fiduciary responsibilities of directors and officers to the members of their homeowners’ association, it is important to understand when reserve funding is mandatory under the Florida Homeowners’ Association Act (Chapter 720, Florida Statutes).

Reserve accounts in a Homeowners Association allow the association to set aside funds for deferred or long-term maintenance …

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Electric Vehicle Charging Stations on the Common Elements

Electric vehicles are now commonplace in our society and with the price of gas skyrocketing, more people will consider purchasing them. Condominium association directors should, therefore, expect owners to ask questions about electric vehicle charging stations (EVCS) on the common elements. Specifically, is the board able to install an EVCS on the common elements as …

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The Worst Storm Is the Storm You Didn’t Prepare For

With hurricane season quickly approaching, it is important that you prepare for the worst (and hope for the best)! Hurricane season is June 1 through November 30. This article will provide tips to help prepare your 2022 hurricane preparedness guide, as well as provide actions that you can take before a hurricane makes landfall. The …

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Can Anything Be Done About Solar Panels?

If you are living in an HOA, you probably have heard that the association cannot prohibit the installation of solar panels (or “solar collectors”). A Florida law, F.S. 163.04, provides that any “deed restriction or declaration” or even any “similar binding agreement” may not prohibit – or have the effect of prohibiting – solar collectors, …

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The ABC’s – Alcohol Sales, BYOB, and Related Considerations

Does your association include facilities that serve and sell alcohol? Is the association property zoned to permit alcohol-related uses? Does your association hold any alcoholic beverage licenses from the Florida Department of Business and Professional Regulation’s Division of Alcohol Beverages and Tobacco (“Division”) and corresponding local government approvals and, if so, what is the geographical …

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Statutory Meeting Requirements

Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency. One way that association activities are made transparent is through statutory provisions requiring most kinds of meetings to be open and noticed to the membership. In fact, applicable laws governing the operation of condominium and homeowners’ associations allow board members …

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Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement

Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents.  Where the terms of a covenant are unambiguous, courts will enforce such restrictions.  However, it is not uncommon for an owner who has violated the covenants to scramble for defenses to try to justify his or her …

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