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Category – Community Update Articles
Community association law is an area of practice that has experienced considerable growth in the past few years. As a result, many unqualified lawyers are jumping on the community association bandwagon. Therefore, your board should do its homework before hiring …
Whether you know it or not, the roads traveling through your subdivision are likely easements created for the purpose of providing ingress/egress access to public streets. And whether you know it or not, those easements may also benefit neighboring properties, …
Every director who sits on the board of a homeowners association gets a voice in the operations of the association. The questions I receive are more about how that voice is exercised through a vote. For instance, some directors travel …
Special assessments happen. The unfortunate reality is that during the life of a condominium building some unexpected expenses are going to arise and the association must take steps to fulfill its obligations to the membership. If the operating budget cannot …
In 2017, the Florida Legislature passed a law which stated that condominium directors could not serve more than 4 consecutive 2-year terms, essentially creating an 8-year term limit.
The obvious immediate question was whether this law would be …
Most community association governing documents as well as applicable corporate statutes grant the board the right to appoint and remove officers. This is important when an officer proves to be prone to bad/rude behavior. The board likely has the right …
A “material alteration or addition” is one that “palpably or perceptively var[ies] or change[s] the form, shape, elements, or specifications of a building in such a manner as to appreciably affect or influence its function, use, or appearance.” Sterling …
With the plethora of reality TV shows involving home renovations and real estate searches, your association may be asked to sign an agreement to allow a production company to film your community.
Since most governing documents grant the …
I have met with many boards over the years and often find that they are tireless volunteers who due to malcontents in the community being unappreciative and rude chose to resign from the Board rather than continue dealing with the …
In the Condominium Act, it is very clear that only a unit’s owner can vote in election. That means that an election can’t be decided through the use of proxies (limited or general). There is an exception for associations with …
In the proverbial “tool belt” of enforcement options available to an association for violations of the rules and regulations, the imposition of fines and suspensions is one that we frequently get questions about due to the procedures that must be …
The board member in a homeowners association just hired the same pool company that is used by the association. Conflict? Not necessarily. There are provisions within the Homeowners Association Act which prohibit contracts between an association and a company when …