[mc4wp_form id="5389"]

Article

Category – Community Update Articles

#MeToo – What is Old is New

Posted on

You have to be living under a rock if you have not heard of the #MeToo movement.  Although stories of sexual harassment in the workplace are nothing new and the law prohibiting sexual harassment has been around for almost 30 …

Share this article

The Subrogation Situation

Posted on

With increasing frequency, insurance companies that provide unit owner insurance are suing community associations to recover payments made to the unit owner that are related to water leaks in the unit. The problem with these lawsuits is two-fold. First, the …

Share this article

Penalties for Financial Reporting Violations

Posted on

In 2018, the Florida Legislature revised a provision within the Condominium Act concerning financial reporting.  Specifically, if a condominium association fails to comply with a request from the Division of Condominiums, Timeshares and Mobile Homes (the “Division”) regarding providing a …

Share this article

Avoiding Defense of Selective Enforcement

Posted on

A common defense raised by owners who find themselves on the wrong side of a covenant enforcement action is to allege an association’s failure to enforce the covenant at issue against all violators and instead only selectively enforcing it. The …

Share this article

Estoppel Certificates

Posted on

Some associations are still not complying with the new laws on Estoppel Certificates which is required of condominiums, cooperatives, and homeowners associations. Prior to July 1, 2017, you only had to provide the prospective purchaser with information about the monies …

Share this article

Condos, HOAs, and Written Inquiries

Posted on

Many times I see situations where an owner sends a community a certified letter seeking the answer to questions about various issues.  The nature and manner of the responses is dictated by the type of community. The Florida Condominium Act …

Share this article

Legal Tools at Your Disposal to Make Your Responsibilities as a Board Member Easier

Posted on

I often find that there is an over-complication that some people believe goes hand-in-hand with their responsibilities in operating a condominium. Most forget that the statute and administrative code provide boards with some basic tools to assist in day to …

Share this article

Beach Access Restricted?

Posted on

Although summer is gone and fall is nearing its end, the truth is that even in the heart of winter we never truly have to wait long to enjoy the beach in Florida. The problem this year however is who …

Share this article

Why Do They Need a Key to My Unit???

Posted on

“Every man may justly consider his home his castle and himself as the king thereof; nonetheless his sovereign fiat to use his property as he pleases must yield, at least in degree, where ownership is in common or cooperation with …

Share this article

Banning Guests from a Gated Community

Posted on

Some communities have guests who are regular guests of an owner or tenant and violate the governing documents, or sometimes even violate the law by committing criminal acts. In such situations, gated communities, which have a guard 24/7 and can …

Share this article

Can a Condo Board Meet Behind Closed Doors?

Posted on

Yes, as a matter of fact, it is legal for a condominium association board to hold a closed board meeting, but only in certain circumstances. Section 718.112(2)(c)3, of the Florida Condominium Act, allows the board to hold a closed board …

Share this article

Term Limit Law Continues to Spark Controversy

Posted on

There have been some interesting recent developments involving the new law establishing term limits for condominium board members, which has been the subject of at least two of my recent columns.

The Florida Condominium Act was amended effective …

Share this article