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Solar Panels & HOAs – Can They Be Restricted?

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 …

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PSA: Condominiums and Websites

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 …

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Premises Liability for Failure to Enforce

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 …

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Can an Association Be Held Liable for Discriminatory Conduct of Residents?

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 …

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Performing Rights for Organizations and Associations

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 …

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There’s a Membership Meeting in my HOA, Where Does the Notice get Mailed?

It is commonly understood that membership meeting notices are mailed to members in addition to being conspicuously posted. The address used has historically been either the property address in the community or an alternate address provided by the members. Effective July 1, 2018 however, the address to be used takes on a new characteristic …

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What Did You Say?

In the community association world, it is fundamental for board members, managers and decision-makers to have good communication skills in order to succeed. Such skills are important in any business, but in community associations where membership and dues are mandatory, good communication is critically important.

Many problems and misunderstandings are avoided by …

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Can or Should Community Associations Impose Firearm Regulations through Governing Documents

The recent senseless slaughter of school children in Parkland, Florida has fueled and reignited the long-simmering debate about gun control in our society. Community associations are not immune to violent tragedies, including gun deaths.

We are all familiar with the case involving Trayvon Martin, a teenager who was shot and killed by …

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Building Your Association’s Website – What to Ask and How to Make it Happen

In my last CUP article – www.MyCondoNeedsAWebsite.com – I discussed the 2017 statutory changes that require associations with 150 or more units (which do not manage a timeshare) to have websites. This month, I continue the discussion by providing some important questions to ask anyone offering to create …

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