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Category – Community Update Articles

Are Reserves Still Mandatory for Homeowners’ Associations?

There were several revisions to Chapter 720, which went into effect July 1, 2021.  One of these revisions was to Section 720.303(6)(c) and (d), Florida Statutes.  The revisions to this Section now provide, in part:

  • An association is deemed to have provided for reserve accounts upon the affirmative approval of a majority …

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Security Tips for Managing the Association’s Bank Accounts Online

Increasing numbers of people and small businesses, including community associations, have switched to managing their bank accounts exclusively over the internet.  Not surprisingly, these numbers surged even higher during the pandemic.  While online banking has become common place, so have incidents of cybercrime and fraud.  Banks of course use a variety of security measures to …

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Natural Gas Fuel Stations

A few years ago, the Florida Legislature recognized that the use of electric vehicles conserves and protects the state’s environmental resources, provides significant economic savings to drivers, and serves an important public interest.  As a result, the Legislature created Section 718.113(8), Florida Statutes, to allow unit owners to install electric vehicle charging stations within the …

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“Sunshine Laws” for Condominium Associations

Florida’s Sunshine in the Government Act, (“Sunshine Laws”) requires transparency and disclosure in government and business. Although the Sunshine Laws do not apply to condominium associations, the Florida Condominium Act (“Act”) found in Chapter 718, Florida Statutes, contains its own set of “sunshine” requirements for these communities, with transparency being the key to compliance. Issues …

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A Guide to Sending the New Notice of Late Assessment

As of July 1, 2021, associations are required to send delinquent owners a Notice of Late Assessments, giving the owners 30 days to bring the account current prior to turning the account over to the association’s legal counsel for collections. Failure to provide the delinquent owner with this 30-day notice will preclude the association from …

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Community Association Due Process Rights with Respect to Neighboring Developments

If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and residents procedural due process, which includes fair notice of the public hearings at which the …

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Absentee Owners and Unoccupied Condominium Units

In condominium associations throughout the state, it is common for there to be seasonal unit owners who leave their units unoccupied during portions of the year. For associations faced with periodically unoccupied units in multifamily condominium buildings, there are distinct legal issues worth considering in advance of problems arising.

Florida’s Condominium Act (the …

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My Association is Responsible for What?!? The Good, Bad, and Ugly of Contractual Indemnity

“Indemnity” is a legal term of art which stands for the right of a party to claim reimbursement for its loss, damage, or liability from another party who has such a duty.  Ordinarily, the duty to indemnify arises through express contractual agreement.  The 2014 adoption of section 468.4334, Florida Statutes, has brought …

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What Associations Need to Know About Homestead

Article X, Section 4 of Florida’s Constitution protects homestead property from many kinds of forced sales. However, since foreclosures of homestead properties for unpaid association assessment debts and for unpaid mortgage debts occur routinely, it is easy to see how many homeowners’ associations and condominium associations are lulled into thinking that constitutional homestead property protections …

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Can Remote Meetings Be Held Now That the State of Emergency Has Expired?

The “state of emergency” that had been imposed by Governor DeSantis in light of the COVID-19 pandemic expired on June 26, 2021.  As a result, the “emergency powers” given to condominium, cooperatives, and homeowners’ associations in Sections 718.1265, 719.128, and 720.316, Florida Statutes, respectively, are no longer in effect.  The emergency powers that were in …

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“Caring for the Financial Well-being of the Association,” FLCAJ Magazine

To ensure the financial well-being of the association, boards and managers should focus on at least four factors in the association: budget, reserves, insurance, and collection practices. This article will take a brief look at each of these, but this is not a finite list. It is recommended that you consult with your association attorney and …

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