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Banning Guests from a Gated Community

Some communities have guests who are regular guests of an owner or tenant and violate the governing documents, or sometimes even violate the law by committing criminal acts. In such situations, gated communities, which have a guard 24/7 and can regulate access into the community, have asked whether their association can ban a guest …

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Are HOA Owners “Grandfathered” In from New Rental Restrictions?

The Florida Condominium Act states that an amendment prohibiting unit owners from renting their units or altering the duration of the rental term or specifying or limiting the number of times unit owners are entitled to rent their units during a specified period applies only to unit owners who consent to the amendment and …

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Charging the Way: New Law Opens the Door for Electric Charging Stations in Condominiums

A recent amendment to Chapter 718, Florida’s Condominium Act, facilitates a unit owner’s ability to install and use an electric-vehicle charging station within their condominium. Section 718.113(8), Florida Statutes, which took effect on July 1, 2018, created a new provision stating that a declaration of a condominium or the board of administration of a …

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Swimming Lessons in the Community Pool – What’s the Risk?

In Florida, even after the heart of summer is long gone community swimming pools get a lot of use. But with increased use can come increased risks, particularly where owners are hiring instructors to provide private swimming lessons in the community pool. If you suspect that this may be occurring in your community, there …

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Do My HOA’s Rules Have to be Recorded?

For many years, homeowners’ associations (HOA) were only required to record their rules and regulations if their governing documents required that they be recorded. As of July 1, 2018, that is no longer the case.

Section 720.306 was amended by the Legislature to address the manner in which amendments are carried. The …

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Is a Bid Required?

Certain contracts entered into by a condominium association require competitive bidding. Section 718.3026(1) of the Florida Condominium Act requires competitive bidding for contracts related to the purchase, lease, or renting of materials or equipment, or for the provision of services, which require payment by the association which (in the aggregate) exceeds 5% of the …

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Weathering the Storm of Unexpected Community Association Financial Needs

In Florida, particularly in the summer months, a beautiful sunny day can suddenly morph into a torrential downpour. Similarly, an association with no obvious financial problems can suddenly find itself in the perfect storm that arises when restrictive financial language in governing documents, unexpected-yet-necessary repairs and a shortage of funds collide. There are various …

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