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Category – Community Update Articles
Many associations do not just hire a manager. They hire an entire management company. The question I get asked at times is whether a management company has to be licensed. The short answer is yes. Their licensure is addressed by Florida Statutes (§468.432) which requires a community association management firm that is responsible for …
With many condominium associations in the midst of election season, many questions arise regarding the election process. For the most part the process varies greatly between condominiums and homeowners associations.
Condominium elections that fail to follow the procedures outlined in the Condominium Act, Florida Administrative Code, and the association’s governing documents can …
Community Association election season is still going strong. One often asked question during this time is whether an unpaid fine makes an owner ineligible for the board. Simply put, an owner is not eligible to run for the board if he does not pay the fine in full by the statutory deadline. The Condominium …
I have been present at elections where the members have no idea “who” is running for the board. In the condominium setting the members have the benefit of knowing in advance the names of all candidates. That does not mean that the member knows the candidate, either because the candidate has not been active …
The holidays just ended but it seems the question of holiday decorations lives on. Every year, holiday decorations seem to appear earlier and get more extravagant, and not just in the retail setting. While studies are showing that people who decorate for the holidays early are happier, what constitutes “too soon” or “too much” …
For the most part, voting in a condominium election is supposed to be by secret ballot but many times owners sign their ballots. Does this invalidate the ballot? No, it does not. This issue was addressed in the arbitration case of Alvarez v. Club Atlantis Condominium Association, Inc. In this case an association rejected …
In terminating a third party vendor, a board of directors must be careful in disseminating information concerning the basis for its decision – especially if the decision was due to poor performance or contractual violations by the vendor.
In Florida, a cause of action for defamation can be brought against a corporation, …
A power of attorney (“POA”) is a legal document delegating authority (specific rights set forth in the POA) from one person (the principal) to another (the agent). Association boards and managers may have encountered these from members who wish to designate someone else to act on their behalf and many questions arise as a …
You were just elected as a member of the board for your association and with that election comes a series of responsibilities. With so many people living in your building, along with those who service the building, odds are you may deal with a legal issue or two during your tenure. If any of …
Zoning laws are enacted by villages, towns, cities, or counties to control the types of uses and the parking ratio, intensity, density, and dimensions of those uses. This is for the purpose of preserving property values, managing growth, preserving the character of a community, facilitating the adequate provision of transportation, and promoting public health …
Sometimes spouses both take an active part in how their community functions. There is no prohibition on them serving on committees, but can they both serve on the board? They can, but only under certain circumstances. The first is if the condominium has less than 10 units. If that is the case, then regardless …
Many condominiums throughout the state are getting ready for their annual meeting. This means that election season is also underway as the election occurs at the time of the annual meeting. Remember that two notices are required. The first should be sent at least 60 days before the election and the second, at least …