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Category – Community Update Featured Articles
Joseph Arena
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, so it is helpful for directors and property managers to be familiar with some of …
Kathleen O. Berkey, AICP
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), New Year’s Day (January 1st), and Independence Day (July 4th). Igniting fireworks any other day …
Becker
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.
Evacuation
Emergency evacuation routes and special instructions regarding use …
Maritrini Soto Garcia
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 concerning the use, occupancy, and transfer of the units permitted by law with reference to …
Jay Roberts
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 decisions throughout their terms in office to manage the operation of the community association. Because …
Elizabeth "Beth" A. Lanham-Patrie
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 of the tree) does not owe a duty to remove or trim tree branches or …
Robyn Severs
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 to adequately care for themselves. Associations are often at a loss with how to assist …
Yeline Goin
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 access the pipe by tearing though some portion of a unit wall. This type of …
Sanjay Kurian
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 consider is, what is required after a hurricane to ensure compliance with your insurance policy …
Becker
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 and expenses. In addition to annual operating expenses, Section 718.112(2)(f)(2)a, Florida Statutes, requires the proposed …
Kathleen O. Berkey, AICP
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,” published on October 28, 2019, can or should your association install traffic calming …
Sanjay Kurian
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. Unfortunately, many communities are still suffering through unpaid claims and, in many cases, unknown damages. …