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Category – Community Update Articles

Does a Condominium Have a 115% Cap on Increasing Assessments?

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The increase in costs, especially insurance premiums, have been difficult for condominium associations in the past couple of years. I have been asked on many occasions if there is a cap on increasing the budget by more than 115% from …

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Homeowner Association Architectural Review Standards

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Two of the bills signed into law this month by the Governor modify Florida Statute 720.3035 regulating architectural review. Because of these two pending changes to the law, homeowner’s associations should review their architectural review with their community association attorney. …

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Vacation Rentals and Community Associations

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Over the past few years, Airbnb and VRBO (collectively referred to as “Vacation Rentals”) have become a very popular form of short-term rental. Vacation Rentals include a range of rentals from houses, condos, or in some instances rooms for a …

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What to Do if You Receive a Complaint or Subpoena

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If your community association is served with a complaint or subpoena, you must promptly forward it to the community association’s legal counsel. As explained in this article, receipt of a complaint or subpoena triggers time sensitive legal obligations that can …

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What Can Be Done About Solar Panels?

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If you are living in a Homeowners Association the Board or the Architectural Review Committee generally 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 …

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E-Bikes and Batteries

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Florida has not escaped the growing epidemic of fires started by lithium-ion batteries, like those used in e-bikes and other battery-operated personal transportation devices. A recent Miami bike shop caught fire after the shop owner left an e-bike battery charging …

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Can Emotional Support Animals Be Prohibited in the Pool Area?

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The issue of emotional support animals in pet-restricted communities is never-ending. Their presence seems to have multiplied by the influx of individuals relocating to Florida.

What was considered a “family pet” in the State of origin, suddenly became …

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Does a Condominium Have to Put Insurance in the Annual Budget?

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I have been asked on a few occasions whether an association has to put insurance in the annual budget or whether it can just wait to determine the amount of the insurance, and specially assess for the same (without a …

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Board Member Code of Conduct

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The law specifically provides that Board members have a fiduciary relationship with the owners and requires Board members to disclose conflicts of interest. However, the law does not specifically address acceptable (and unacceptable) behaviors for discharging these responsibilities. As such, …

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The Impact of the New Department of Labor Rule on Worker Classification and Ensuring Proper Classification of Workers

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In the early 2000s, employers and established businesses rarely sought out the work of independent contractors. Now decades later this has changed significantly as employers are relying more and more on independent contractors instead of employees. While using independent contractors …

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Addressing Burdensome Records Requests via the Rule-Making Power of Condominium Associations

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Records requests can become quite daunting when a board of directors is faced with a high volume of demands from unit owners asserting their right of inspection of the association’s official records.

Section 718.111(12)(c)(1) of the Florida Condominium …

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So, You Received a Written Inquiry

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Your community association has just received, by certified mail, a letter from a unit owner with several questions about the operation of the Association. What do you do next?

First and foremost, you should always ensure that your …

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