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Legal Decisions Which Could Affect Your Community

Many community associations do not have an absolute right to approve or disapprove of prospective purchasers; but instead the governing documents give them a right of first refusal to assign a sales contract to another purchaser on the same terms and conditions. A lis pendens is a publicly recorded notice on real estate documenting …

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The (Tree) Root of the Problem: Who Is Responsible When Tree Roots and Branches Cause Damage?

They say good fences make good neighbors. But trees, on the other hand, have been known to strain the relationship between neighbors. Damage and disruption amongst neighboring lot owners, caused by tree roots and branches, is a very common problem in Florida. Not surprisingly, Florida courts have addressed this issue and have carved out …

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Problem Parking in your Community Association?

It really shouldn’t come as a surprise that older multifamily communities in Florida (and elsewhere in the country) have serious parking problems these days since those communities were built decades ago when families used fewer cars.

Today, people move into these communities with three, four and sometimes five cars in tow. In …

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The Association Was Served With A Writ Of Garnishment For An Employee/Vendor…Now What?

If the garnishment concerns a judgment against an employee/vendor of the Association, then the Association’s only concern is with ensuring that it is properly withholding from distribution to that employee/vendor the portion of the payment which is subject to garnishment. In other words, the Association is not responsible for disputing the validity of the …

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