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Category – Community Update Featured Articles

COVID-19: Technology and Social Distancing

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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 …

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Election Process – Part 2 of 2

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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 …

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Is a Voting Certificate Required If a Unit Is Owned by an LLC?

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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 …

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Why Should Your Community Consider Trademarking Its Name and Logo?

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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 …

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Slow Your Roll: How to Address Speeding Issues in Your Association

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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 …

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Attorneys Need Not Always Be Your Attack Dog

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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 …

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“Who Said What?” Board Officers Should be Careful how They Handle Their Official vs. Personal Communications to Members – Part I

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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 …

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Solar Panels & HOAs – Can They Be Restricted?

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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 …

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PSA: Condominiums and Websites

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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 …

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Premises Liability for Failure to Enforce

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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 …

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

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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 …

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Avoid a Gridlock – Educate, Communicate & Plan

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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 …

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