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Category – Community Update Articles

Reviving Unenforced Restrictions

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The previous boards failed to enforce the provisions of the Declaration, bylaws, and/or rules and regulations of the community and now whenever the manager tells someone that they are in violation, the response is that the Association allowed this to …

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The Role of Impartial Committees in Condominium Elections

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The focus of this article is on impartial committees for the annual election. This committee tallies the votes that were cast and determines the outcome of the election. If selected in advance of the annual meeting by the Board, the …

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Special Assessments

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There are very specific statutory requirements for levying a special assessment in a condominium.

Your governing documents must be reviewed to determine who votes on the special assessment (Board, membership, or both), and the notice period for the …

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The 2023 Season is Upon Us. Time to Think about Elections

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A new season means a new annual meeting and election. In condominiums and cooperative associations there are two components: the election of directors and the annual meeting. Most think of them as one and the same, but they really are …

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Do Not Miss These Deadlines

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The new law passed by the Legislature, known as “SB 4-D”, became effective May 26, 2022 and contains various important deadlines for compliance. The new law applies to condominiums and cooperatives which are 3 stories or higher. We …

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Why Can’t We…

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Unit owners often move from private homes and do not understand that the condominium form of ownership in Florida is somewhat unique. In many instances some individual liberties must be curtailed for the good of the community as a whole. …

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Enforcing the Rules and Regulations in Your Community: All Actions Have Consequences. How Prepared Are You to Enforce Them?

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Whether you live in a condominium, cooperative, or homeowners’ association, owners and their guests, tenants and invitees are bound by the association’s governing documents, which may include the declaration, articles of incorporation, and bylaws, and any rules and regulations. Prospective …

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Options for Dispute Resolution in Condominium Associations

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Peace is Not the Absence of Conflict, it is the Ability to Handle Conflicts by Peaceful Means – Ronald Reagan

On July 1, 2021, changes to Florida law opened the door to allow condominium and cooperative …

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Recovery From Hurricane Ian

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Recovery From Hurricane Ian

Unfortunately, Hurricane Ian was a historic storm and has left a wide and substantial swath of damage across Southwest Florida. As we all work to recover from the ongoing effects of Hurricane …

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Estoppel Fees Have Increased

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In 2017, the Florida Legislature amended the community association statutes to formalize the estoppel certificate process and to establish the amount association were permitted to charge for providing the estoppel certificate. Prior to 2017, the statutes stated that associations could …

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Electronic Voting in Community Associations Are the Days of Paper Ballots and In-Person Meetings a Thing of the Past?

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Before the 2020 pandemic, annual membership meetings were a time for owners to get together and discuss community issues while anxiously awaiting for election ballots to be counted. However, COVID-19 changed the manner in which association meetings were held. With …

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Acceptance and Application of Payments is ALWAYS the Right Answer

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Assessment payments are the life blood of every community association, and the recovery of delinquent assessments is the primary goal for every community association. However, many associations, and their management companies, refuse to accept direct payment from delinquent owners once …

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