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Category – Community Update Featured Articles
Becker
Posted on 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 to …
Michael Casanover
Posted on 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 should …
Yeline Goin
Posted on 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 corporation. …
Donna DiMaggio Berger
Posted on 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, business …
Jennifer Biletnikoff
Posted on 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 your …
Marilyn Perez-Martinez
Posted on 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 the …
Shayla Mount
Posted on 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 in …
Elizabeth "Beth" A. Lanham-Patrie
Posted on 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 collectors, …
Marilyn Perez-Martinez
Posted on 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 amicably …
Shayla Mount
Posted on 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 the …
Sara K. Wilson
Posted on 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 its …
Lilliana Farinas-Sabogal
Posted on 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 we …