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Is it too soon to start talking about the 2018 Hurricane Season?

No! If Hurricane Irma taught us anything it is that adequate preparation before the storm will go a long way towards addressing issues after the storm.

Now is the time for associations to communicate with its owners about insurance- and liability-related issues. One of the often-confusing areas for many is understanding the …

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Can My Association Send Notices Electronically?

Florida community associations are permitted to send membership meeting notices and certain board meeting notices to the owners electronically if the association obtains the written consent of the subject owner. The association attorney can assist in preparing the applicable consent form, which will need to include the designated e-mail address the owner wishes the …

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Participation in Social Media – Considerations for an Association

In an age where people increasingly rely on social media as their source for news, entertainment, and socialization, it is natural that community associations have begun to take a serious look at social media as a potential means of disseminating information to residents as well as fostering a sense of community spirit. While social …

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Volunteer Help: Friend or Foe to a Community?

Many community associations face substantial budgetary shortfalls on a yearly basis. As such, the use of volunteer labor may look like an attractive proposition to some associations. While saving money should be of paramount importance, not all free glitter is gold. In fact, relying on volunteer help may expose a community association to certain …

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Preventing Sexual Harassment in the Community Association Workplace

Sexual harassment is not often thought about in the context of community association law.  The reality, however, is that the number of sexual harassment claims brought against community associations has skyrocketed in recent years, making it imperative that a community association know everything it can about the law to shield itself from these types …

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Medical Marijuana and Your Florida Community

Citizens in the Sunshine State approved Amendment 2, which legalized the use of medical marijuana, by a 71% margin. Florida is expected to log more than $1 billion in medical marijuana sales by 2019, according to a report compiled by marijuana industry analysts New Frontier Data and Arcview Market Research. The full extent of …

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What’s New With Official Records?

The Condominium Act (“The Act”) has a catchall provision which essentially provides that “other written records” related to the operation of a condominium are considered official records of an association.  In 2017, the Act underwent some changes as it pertains to official records and these changes are important to keep in mind to avoid …

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Stopping the Limitations Clock in Bank Foreclosures – Bartram v. U.S. Bank

Associations across Florida have anxiously awaited the Florida Supreme Court’s decision in Bartram v. U.S. Bank Nat. Ass’n, 2016 WL 6538647 (Fla., November 3, 2016).  While the underlying facts in Bartram are somewhat convoluted, the relevant question before the Florida Supreme Court was whether the five (5) year statute …

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The Association Foreclosed On A Delinquent Owner. Is The Mortgagee Entitled To The Rental Income?

Condominium and Homeowner Associations are never anxious to take on properties abandoned by owners.  Yet with the mortgage crisis many properties were left vacant for years.  In the interim, unpaid assessments continued to accrue and the properties were ripe for vagrants and were left to deteriorate, risking damage to the common elements or adjoining …

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