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Category – Community Update Articles

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 …

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Becker Uncovers Collusion Between Florida OIR & Citizens Insurance

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Citizens Property Insurance allegedly overcharged Florida condominium association policyholders for years, according to the Fort Lauderdale, FL., law firm Becker. The firm also accuses the Florida Office of Insurance Regulations (OIR) of partaking in secret communications with the insurer, which resulted in a consent order being issued without a trial or considering the legality …

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Homeowner Association Confusion & Frequently Asked Questions

Although the term community association encompasses different types of community associations, in Florida, the two predominant forms of community associations are homeowners associations and condominium associations. There are vast differences but also numerous similarities between the two. Unfortunately, this can cause confusion when owners, directors, and/or managers assume the two are the same. Simply …

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Condominium Association Elections – The Who, What, When, & Where

Your condominium association elections for your Board of Directors are governed by the Florida Condominium Act (Chapter 718 of the Florida Statutes), and Rule 61B-23.0021 of the Florida Administrative Code. Your association governing documents may also contain requirements for your election. Generally, these requirements are contained in the association’s By-Laws. With this in mind, …

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Weighing the Costs: Common Sense/‘Cents’ COVID-19 Measures for Community Associations Reopening Common Elements and Common Facilities

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One full year into the COVID-19 pandemic and people have really started to appreciate (or abhor) their neighbors. The extra time at home or stuck in one’s condominium unit has caused an increased sense of awareness and, in some cases, aggravation regarding the comings and goings and habits of our neighbors.

Many …

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Reflections On The Lasting Effects Of The COVID-19 Pandemic

No one has a crystal ball to look into the future, but some things are more likely than others. The many media references to the “2020 Bingo Card,” containing any number of unfathomable happenings, supports the idea that no one could possibly have predicted the kinds of questions lawyers are receiving from their community …

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Hiding in Plain Sight: What Are “Discriminatory Covenants” and Does Your Association’s Governing Documents Contain Them?

One of the last few bills to be approved by Governor DeSantis at the end of this year’s legislative session was Senate Bill No. 374 which became law on September 4, 2020.  The new law defines and prohibits “discriminatory restrictions” from any title transaction recorded in the State of Florida and creates section 712.065, …

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