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Category – Community Update Articles

How to Find an Effective Community Association Lawyer

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 an attorney.

An effective lawyer can be a huge asset to most …

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What’s Up with All This Traffic? The Impact of Neighboring Development on Community Association Roads.

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, giving them access through your subdivision to a point of entry on a public …

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Special Assessments in Condo

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 handle these expenses, and there is not a funded reserve account which can dray …

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What Can a Board Do about a Rude Officer or Director?

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 to vote to remove this individual as an officer (president, vice president, treasurer, secretary) …

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Does This Alteration to the Condominium Require Membership Approval?

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 Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685, 687 (Fla. 4th …

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ICYMI: Enforcement Tool Belt – Fining/Suspension

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 followed.  If the process is not followed properly, it may result in invalidation of …

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Is This a Conflict?

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 one of the board members from the association has a financial interest in the …

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