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Category – Community Update Featured Articles
A vacancy requires two or more eligible candidates. If not enough eligible candidates give notice of their intent to run, then an election is not required. Since write-in candidates and nominations from the floor are not accepted, an association will know well in advance of the scheduled election if it is necessary. The association …
Many governing documents include a provision requiring a voting certificate if a unit or parcel is owned by more than one person, a corporation, or another entity. In some cases, there is an exception for spouses, and other times, a voting certificate is only required if the unit or parcel is owned by a …
Many communities rely upon name recognition and a certain style logo to attract attention from potential new purchasers as well as to enhance real property values for existing owners.
I live in a country club community that has a distinct font and logo which is intentionally highlighted on our association website, advertisements, …
Speeding is a big problem for many community associations — a problem that is not always easily addressed or corrected. How can your board slow the speed of traffic in your community?
If your association does not currently have traffic rules, you may be able to rely on a nuisance provision in …
I am lucky enough to be part of a profession with many specialties and even luckier to work for a variety of communities and to meet a variety of people. This has taught me a few things that I want to share. While it is great to have an attorney ready to bite off …
There is no doubt that technology has significantly improved the way communities and neighbors interact and communicate with one another. The sheer number of social media applications and web-based platforms available to individuals and community associations make it easy for information (and misinformation) to be disseminated quickly among hundreds, if not thousands, of individuals …
While solar panels are often considered unsightly, they are a renewable energy device. For an individual home, they must be permitted by a homeowners association. However, they can be regulated. The relevant statute regarding solar panels is Section 163.04, Florida Statutes, which provides that no ordinances or laws can prohibit “the installation of solar …
I have previously written a few articles for our Community Update about the website requirement for condominiums operating at least 150 units. Just recently, I represented a condominium that was being investigated by the Division of Business and Professional Regulation (DBPR), for among other things, failing to have a website. While that issue resolved …
There are two recent cases of which community association boards should be particularly aware of. Both cases involved residents who were injured by third parties but who filed suit against their association claiming that the association was also partly responsible for their damages because of their failure to enforce the rules and restrictions in …
On a daily basis we read about acts of hatred and discrimination occurring in our society. As residential communities are microcosms of the society at large, associations, too, are increasingly faced with determining how to deal with such issues. Legal precedent has established that associations may be held liable for discriminatory acts committed by …
When strangers come together as a new board of directors for a community association, they may find they have such differing views on what is best for the building that they can feel as though they are in a no win scenario. While working to find a creative solution to the problem is something …
So your community association has survived Hurricane Irma and completed all the repairs. In celebration of this milestone, the association decided to hold a community wide cookout with live music. The celebration was a success and thoroughly enjoyed by everyone. Now, two weeks later, you are in receipt of a certified letter from a …