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Category – Community Update Featured Articles
Section 791.08, Florida Statutes, took effect on April 8, 2020 and has several implications for Florida homeowners’ associations. The statute provides that fireworks may be lawfully used on certain “designated holidays” which are defined as New Year’s Eve (December 31st), New Year’s Day (January 1st), and Independence Day (July 4th). Igniting fireworks any other …
The first step toward developing and implementing a disaster plan is identifying the potential consequences of a disaster. The second step is to develop and implement a plan to mitigate the impact of a disaster to the fullest extent possible.
Evacuation
Emergency evacuation routes and special instructions regarding …
Many condominium governing documents require new residents to go through a screening process. Section 718.104(5) of the Florida Condominium Act provides that “[t]he declaration as originally recorded or as amended under the procedures provided therein may include covenants and restrictions concerning the use, occupancy, and transfer of the units permitted by law with reference …
Your community association is something of a small sub-democracy. In many respects, it runs in a similar manner to representative governments. The owners / members elect leaders for the community (the board of directors), and those leaders make the important decisions throughout their terms in office to manage the operation of the community association. …
Who is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway?
Florida common law provides that a property owner (owner of the tree) does not owe a duty to remove or trim tree branches …
Some older individuals choose to live out their final years in their personal residences alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience certain mental health issues that make them unable to adequately care for themselves. Associations are often at a loss with how to …
There are times when an association must damage a unit or units in order to maintain or repair the common elements. For example, if repairs must be made to a common element water trunk pipe, an association may have to access the pipe by tearing though some portion of a unit wall. This type …
There is a lot of information on how associations can prepare for hurricanes but much less information as to what happens after the hurricane, particularly as it pertains to insurance claims. A question that managers and board members need to consider is, what is required after a hurricane to ensure compliance with your insurance …
With the budget season approaching, many condominium associations may wonder how to prepare a budget when it’s anticipated that members will vote to waive or partially fund reserves. The board must create a proposed annual budget that includes estimated revenues and expenses. In addition to annual operating expenses, Section 718.112(2)(f)(2)a, Florida Statutes, requires the …
Between kids at play, exterior maintenance projects, pedestrians, and cyclists, your association could be seriously impacted by speeders. As a follow up to Jennifer Horan, Esquire’s article “Slow Your Roll: How to Address Speeding Issues in your Association,” published on October 28, 2019, can or should your association install traffic …
Almost three years have passed since Hurricane Irma and almost two years since Hurricane Michael. If your community has received insurance money and rebuilt, or if your community has only suffered minor damages, both hurricanes may seem a lifetime ago. Unfortunately, many communities are still suffering through unpaid claims and, in many cases, unknown …
COVID-19 has introduced new challenges to the way we meet and work together in our communities. Many of our daily community association activities include in-person interaction, from regular meetings to conduct association business to elections and other membership votes. Social distancing, the new normal, has necessitated a change to our behavior. While we continue …