Damage to Units
What if there is a leak in the unit; whose insurance covers the damage?
There are usually three parties to this type of situation: 1) the owner who caused the leak; 2) the other owners damaged by the …
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Category – Community Update Articles
What if there is a leak in the unit; whose insurance covers the damage?
There are usually three parties to this type of situation: 1) the owner who caused the leak; 2) the other owners damaged by the …
Can a non-owner be a Board member in a Condominium?
Every year this question comes up in one form or another. In some cases, it is a spouse who is not on the deed who wants to be …
Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association …
In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering …
What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members?
In the case, Young v. Tortoise Island Homeowners Association, Inc., the court …
As one of a handful of Becker attorneys who assists condominiums, cooperatives, and homeowners associations in obtaining bank loans on a regular basis, I’ve noted a few mistakes that boards make when deciding to obtain a loan.
In 1968 the Federal Fair Housing Act (also known as Title VIII of the Civil Rights Act) was enacted to prohibit discrimination based on race, color, religion, sex, or national origin. Subsequently, in 1988 the Act was amended to add …
The Marketable Record Title Act’s (MRTA) purpose is to extinguish old interests and use restrictions on lands and to allow for land sales to be completed more easily and with less expense. Unfortunately, aged homeowners’ association covenants are amongst the …
If you are living in a homeowners association you probably know that the Association cannot prohibit the installation of solar panels (or “solar collectors”). But what about a request to install such devices on the roof of a condominium? Section …
The word “hot” has many connotations: it can reveal anger when you say someone is “hot around the collar”; it can invoke personal appeal or desirability “he’s so hot”; it can refer to a disorganized person or situation, hence the …
As mentioned in Part 1, published in last month’s community update, an association can prohibit smoking in the common elements/common areas by adopting a Rule. An association may also want to prevent smoking on balconies and patios. If the balconies …
In 1989, in the wake of a series of serious injuries caused by pit bulls, most notably the mauling of a 7-year-old girl and her mother, Miami-Dade County adopted an ordinance making it illegal for residents to own or keep …