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Category – Community Update Articles

The DBPR Now Has Broader Authority to Investigate and Enforce Compliance

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It wasn’t so long ago that Florida’s Department of Business and Professional Regulation (the “DBPR”) had little jurisdiction over the operation of condominium associations after their developer turnover meetings, and, what little jurisdiction the DBPR had over associations after turn …

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New Heat Protection Rule Is Set to Take Effect

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The Occupational Health and Safety Administration (OSHA) has proposed a new heat protection rule aimed at safeguarding employees who are exposed to excessive heat in their work environments. This rule is particularly relevant to condominium associations and homeowner associations, which …

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Guarding Against the Unauthorized Practice of Law

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The unauthorized practice of law poses significant legal and financial risks to both community association managers (CAMs), board members, and the communities they serve. The Florida Supreme Court has consistently ruled on the boundaries of lawful conduct for non-lawyers, particularly …

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If Your Condominium Has 25 or More Units There Is a New Website Requirement

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Prior to July 1, 2024, only associations operating condominiums with 150 or more units were required to have a website. However, Florida lawmakers expanded this mandate through House Bill 1021, which was signed by Governor DeSantis and became effective July …

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My Safe Florida Condominium Pilot Program

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Newly created Florida Statute 215.5587 establishes the My Safe Florida Condominium Pilot Program- a grant program to help condominiums within 15 miles inward from the coastline offset the cost of certain building improvement projects to strengthen their buildings against hurricanes. …

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Making It Easier to Amend Governing Documents

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Clients frequently ask how to amend their governing documents, and how to make the amendment process easier. There is one preliminary step I recommend, to help an association successfully amend their governing documents. First, I recommend a board look to …

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Hurricane Preparedness and Electric Vehicles

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It is mid-July and we have already experienced two (2) named storms this year. Where are you in your hurricane preparedness? In addition to general hurricane preparedness, local municipalities and programs throughout the state have been warning against the potential …

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Delivering Marketable and Insurable Title After Condo Termination

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In the aftermath of Hurricane Ian, many condominiums in the Southwest Florida area were substantially damaged. While many Associations are in the process of rebuilding, some have not been able due to the high costs involved. As result, some of …

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Ask About Incidental Damages Before Starting Your Condo’s Maintenance Project

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Incidental damages are damages that are caused by associations to portions of buildings that unit owners are required to maintain. The most common example occurs when an association has its contractor go into a unit and remove portions of the …

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New Requirements for Condominium Association on Inspections of Official Records

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The Florida Legislature adopted House Bill (HB) 1021, which was recently signed into law by the Governor which makes certain changes to Chapter 718, Florida Statutes, known as the Condominium Act. It will become law on July 1, 2024. A …

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Meetings and Records Request Rules

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Unfortunately, one of the more common calls I receive from community association clients concerns how to deal with unruly or disruptive members. These members disrupt association board meetings and committee meetings, often by speaking out of turn, refusing to sit …

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HB 1203, Effective July 1, 2024, Changes HOA Fining Requirements

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When Florida lawmakers concluded their 2024 Legislative Session, a number of bills passed that affect community associations. House Bill 1203, which was signed by Governor DeSantis and is effective July 1, 2024, changes the game when it comes to fining …

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