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Category – Community Update Articles

Does Your Association Allow You to Use the Clubhouse for Political Events?

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Florida Statutes allow the Condominium unit owners to use the common elements for the purposes for which the common elements were intended as long as their “use does not hinder or encroach upon the lawful rights of other unit owners.” …

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Timesavers at Annual/Election Meetings

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Proxies and Limited Proxies

In condominiums and cooperatives, general proxies are used for establishment of a quorum and limited proxies are used to vote on a particular matter – amendments, waive reserves or financial reporting requirements, etc. It …

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Lender Questionnaires

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Associations and association managers routinely receive what are referred to as lender questionnaires on a regular basis.

A lender questionnaire is usually a request from a bank, lending institution or title company that requests the Association provide information …

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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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