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Category – Community Update Articles

To Notice, or Not to Notice, That Is the Question: Closed Board Meetings

The answer to the question of whether all board meetings must be properly noticed to the members is YES. Even the emergency powers section of the community association statutes require notice to be given as is practicable.

What about “closed board meetings?” The answer remains YES. As you are likely aware, there …

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Does A Director of a Condominium Association Have to Also Be a Member?

While it may seem to many unit owners that a director must also be a member of the association, this is not necessarily the case.  This question is document driven.  If the governing documents of a condominium association do not specifically require that a director also be a unit owner / member, then under …

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“Don’t Tread on Me”: The Permissibility of the Gadsden Flag in Your Community

Is flying the Gadsden flag (i.e., the yellow “Don’t Tread on Me” flag with a snake) considered a flag of the United States of America and is it permissible in your community association? It depends.

For those not already familiar, the Gadsden flag is a historical American flag named after the American …

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COVID-19 Presents Unique Questions for Associations

The World Health Organization has declared the Coronavirus a pandemic. States of emergency have been declared at the federal, state and many local levels.

Not surprisingly, we are being asked what steps associations can and can’t (and should and shouldn’t) take. All of the association statutes in Florida contain an “emergency powers” …

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Condos, Cruise Ships and COVID-19: Surprising Commonalities

The cruise ship industry has been particularly hard hit by COVID-19’s rapid spread amongst passengers. For those who were unfortunate enough to deal with a ship-board quarantine, the fact that they would eventually be able to disembark and return to their homes helped them cope. But what if your home posed the same risks …

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How Does Your Collection Policy Stack Up?

Collection of your community’s assessments is critical to maintaining a steady flow of income to support the association’s maintenance responsibilities and maintain the association’s overall fiscal health.  Yet, with the more urgent day-to-day demands on property managers and volunteer board members, collections can often be neglected or completely overlooked.

On day one, …

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Election Process – Part 1 of 2

With many condominium associations in the midst of election season, many questions arise regarding the election process. For the most part the process varies greatly between condominiums and homeowners associations.

Condominium elections that fail to follow the procedures outlined in the Condominium Act, Florida Administrative Code, and the association’s governing documents can …

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