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Category – Community Update Articles

Part 1: Can an Association Prohibit Smoking in Its Condominium?

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Secondhand smoke is formed from a burning cigarette or the smoke exhaled by the cigarette smoker. Secondhand smoke contains over 7,000 chemicals, hundreds of which are toxic and nearly 70 can cause cancer. From 1964 to 2014, the Surgeon General …

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Best Practices for Hurricane Preparedness

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It’s that time of year again. As the days get longer and the weather gets hotter, we know that hurricane season is fast approaching. Therefore, this is a good time to review some of the “best practices” to prepare for …

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Strict Compliance vs. Substantial Compliance – Not Knowing the Difference Can Cost You!

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The Florida statues governing community associations often provide timeframes for notice to owners before the association can proceed with action, including passage of special assessments, adoption of fines and collections. While some statutory sections allow for “substantial compliance” with the …

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Update: Condo/Co-Op/HOA Meeting Agendas & Notice Requirements

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Florida laws governing community associations require notice of meetings to encourage owner participation. Here is a helpful guide summarizing the notice requirements under statute; however, this guide is not intended to be all inclusive and is only for general reference. …

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What Are Limited Common Elements and Who’s Responsible?

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The Florida Condominium Act defines limited common elements as those common elements that are reserved for the use of a certain unit or group of units, as specified in the declaration of the condominium. This definition indicates that the limited …

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The New Fannie Mae and Freddie Mac Lender Questionnaire: To Answer, or Not to Answer, That Is the Question!

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The Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) recently issued new temporary requirements as an attempt to mitigate risk in community association loan underwriting. Many other industries within the community association world, …

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Getting “Flag Ready” for the Fourth of July

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Flags serve as a powerful symbol of a nation, its ideals, and its people, and their display in community associations is addressed under State law.

The Florida Condominium Act permits a unit owner to display, in a respectful …

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Who Can Be A Condominium Board Member?

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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 …

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The Worst Storm Is the Storm You Didn’t Prepare For

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With hurricane season quickly approaching, it is important that you prepare for the worst (and hope for the best)! Hurricane season is June 1 through November 30. This article will provide tips to help prepare your 2023 hurricane preparedness guide, …

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Understanding the New Timeframes for Collections

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Associations frequently ask the question: “When should a delinquent owner be turned over for collections?” To fully answer to this question, the association must understand the relatively new statutory requirements that must be fulfilled before an account is turned over …

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New Laws Regarding Emotional Support Animals

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Nothing evokes more of an “emotional” response than the issue of emotional support animals in a no-pet community. While this is not a new issue, and has been discussed many times in this forum and others, Florida laws affect how …

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Borrowing Money

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We have been receiving a number of loan requests. Even though we’ve done articles in this forum regarding association borrowing in the past, there are some issues that keep reoccurring.

Do not start the borrowing process without …

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