[mc4wp_form id="5389"]

Featured

Category – Community Update Featured Articles

The Plan – Identifying the Potential Consequences of a Disaster

Posted on

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. …

Share this article

Bankruptcy Basics for Community Associations

Posted on

Associations generate nearly all of their funding through fees and special assessments paid by members of the shared ownership community. Some members who fall behind in their financial obligations may look to bankruptcy as a way to address their debts, …

Share this article

Addressing “Exploding” Frustrations Related to Fireworks Under New Law

Posted on

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), …

Share this article

Designation of Primary Occupant

Posted on

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 …

Share this article

Elections Have Consequences

Posted on

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 …

Share this article

Responsibility for Tree Branches and Roots

Posted on

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 …

Share this article

An Association’s Response to those Persons Who May Need Some Additional Care in Living

Posted on

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 …

Share this article

Incidental Damage Clauses

Posted on

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 …

Share this article

Hurricane Insurance Claims for Condominium Associations

Posted on

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 …

Share this article

Does My Association Include Fully Funded Reserves in Its Proposed Budget?

Posted on

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 …

Share this article

Slowly Getting Over the Hump: Addressing Speeding with Traffic Calming Devices

Posted on

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,” …

Share this article

Hurricane Insurance Claim Deadlines

Posted on

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. …

Share this article