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Category – Community Update Articles

Garage Sale or Thrift Shop in Disguise? Doesn’t Matter. Your Homeowners Association Can do Something About it

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This time of year a lot of people are cleaning out their closets, gathering up unused household items, and having garage sales.  It is also the time when many communities are having community-wide garage sales.  But what about the homeowners …

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Basic Tips for Hiring a Community Association Manager

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Community association property management is a field that has experienced significant growth in recent years.  Florida Law requires licensure by individuals who, for compensation, provide management services for community associations with more than ten (10) units, or those with annual …

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Easements by Necessity – Goldman v. Lustig

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In the recent case Goldman v. Lustig, Case No. 4D16-1933 (Fla. 4th DCA January 24, 2018), at issue was whether Unit Owners had the right to use and access a dock located behind an adjacent townhouse owner’s …

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Why is a Plat so Important?

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As an owner of residential property in Florida, you are aware that your community is probably subject to a unique set of “governing documents.” Typically these will include a Declaration of Covenants and Restrictions, Association Articles of Incorporation and Bylaws, …

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Freedom of Speech and Disruptive Owners

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Social media, blogs, and websites are the new normal of daily living in 2018. People post their thoughts, pictures and videos with the swipe of their phone sometimes without regard to accuracy or repercussions. This is a problem in communities …

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Telecommunication Contract Issues

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Other than possibly insurance, largest single expense for many associations is the cost of bulk telecommunication service. Further, bulk telecommunication service agreements often have multi-year terms, some even going as long as ten years. Therefore, whether your association has a …

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To Record or Not Record? That Is The Question!

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Community association boards often ask the question of whether they must record a claim of lien on a property in order to protect the association’s right to recover past due assessments on the property. Although the answer to this question …

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Condominium Contracting With a Director for Goods & Services

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Directors and officers of a condominium have a fiduciary duty to its Members. Therefore, they must be very careful when entering into a contract with the association for which they are an officer or director. In March’s Community Update, I …

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Gambling in Your Community? Penny-ante Games and Bingo

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So you enjoy a good card game and you like to bet a few coins; that’s legal, right? Well, maybe. These are called penny-ante games, most commonly associated with poker, with pennies generally serving as the highest bid possible during …

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Can My Condo Still Use Debit Cards?

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The Condominium Act was amended on July 1, 2017 to specifically address and prohibit the use of debit cards. It states that an association and its officers, directors, employees, and agents may not use a debit card issued in the …

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When Construction Occurs Next Door, Your Board Needs to Get Involved Early!

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It’s likely that at some point during your community’s lifespan, new construction will occur nearby and the impact on your residents will vary both short and long-term depending on the steps your Board takes early in the process. Sometimes new …

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Your HOA Amendments are Ready, Now What?

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The “governing documents” of a homeowners association are the Declaration of Covenants, the Articles of Incorporation, the Bylaws and the Rules and Regulations. Many times, HOAs make a decision to amend by looking to the provisions that needed changing. This …

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