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Category – Community Update Articles

Weighing the Costs: Common Sense/‘Cents’ COVID-19 Measures for Community Associations Reopening Common Elements and Common Facilities

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One full year into the COVID-19 pandemic and people have really started to appreciate (or abhor) their neighbors. The extra time at home or stuck in one’s condominium unit has caused an increased sense of awareness and, in some cases, aggravation regarding the comings and goings and habits of our neighbors.

Many community …

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Reflections On The Lasting Effects Of The COVID-19 Pandemic

No one has a crystal ball to look into the future, but some things are more likely than others. The many media references to the “2020 Bingo Card,” containing any number of unfathomable happenings, supports the idea that no one could possibly have predicted the kinds of questions lawyers are receiving from their community association …

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Hiding in Plain Sight: What Are “Discriminatory Covenants” and Does Your Association’s Governing Documents Contain Them?

One of the last few bills to be approved by Governor DeSantis at the end of this year’s legislative session was Senate Bill No. 374 which became law on September 4, 2020.  The new law defines and prohibits “discriminatory restrictions” from any title transaction recorded in the State of Florida and creates section 712.065, Florida …

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Phony Parking Violation Letters in Condominiums

Condominium living has its advantages and challenges – one such challenge is often parking. Today, people move into these communities with several vehicles in tow and in condominiums, there is limited space in the parking garages and parking areas for unit owners and their guests. Sometimes this results in unit owners taking parking, that violates …

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What to Do When a Vendor Damages Association Property

Service providers often cause property damage in community associations. Imagine a furniture delivery driver in a rush to make his next appointment, clipping your community’s security gate and taking a portion of it down the road, or a garbage truck leaking hydraulic fluid on your community roadways, leaving permanent stains. What should your association do …

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Be Wary of MRTA

A little-known law, which can present big problems for planned residential and commercial subdivisions, has undergone a number of recent changes intended to make it more manageable and less impactful on the associations which oversee or manage planned residential and commercial subdivisions.

While the law, commonly known as MRTA and formally known as …

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Diligencia Al Invertir En Comunidades Costeras

Aunque invertir y comprar una propiedad cerca del mar parece ser una inversión de un sueño hecho realidad, el cambio climático y el aumento del nivel del mar se han convertido en una amenaza existencial que puede afectar la viabilidad económica de invertir y comprar una propiedad en comunidades costeras. Excluyendo Alaska, la Florida es …

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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 are …

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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 Florida …

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