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Emails as Association Official Records

Whether you live in a condominium, cooperative or homeowner association, the Statute governing your community defines the term “official records.” In defining official records, each Statute has a catch-all provision.

All other written records of the association not specifically included in the foregoing which are related to the operation of the …

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Conflicts of Interests – Condominium Service Providers

An association’s officers and directors, along with their family members and anyone who has a financial relationship with the director and/or officer, are completely prohibited from entering into an agreement with the condominium association.

Prior to July 1, 2017, §718.3026(3), Florida Statutes, was the only statute applicable regarding conflicts of interest. It …

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BEWARE: Bankruptcy Do’s and Don’ts

If your Community Association has been spared from bankruptcy in the last decade count yourself lucky.  Bankruptcy, in general, is intended to (1) provide a fresh start for the honest, but unfortunate debtor (delinquent owners), and (2) provide equal treatment of all Creditors (including the Association).  Unfortunately, Bankruptcy has also become a safe haven …

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Is it too soon to start talking about the 2018 Hurricane Season?

No! If Hurricane Irma taught us anything it is that adequate preparation before the storm will go a long way towards addressing issues after the storm.

Now is the time for associations to communicate with its owners about insurance- and liability-related issues. One of the often-confusing areas for many is understanding the …

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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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Can My Association Send Notices Electronically?

Florida community associations are permitted to send membership meeting notices and certain board meeting notices to the owners electronically if the association obtains the written consent of the subject owner. The association attorney can assist in preparing the applicable consent form, which will need to include the designated e-mail address the owner wishes the …

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Participation in Social Media – Considerations for an Association

In an age where people increasingly rely on social media as their source for news, entertainment, and socialization, it is natural that community associations have begun to take a serious look at social media as a potential means of disseminating information to residents as well as fostering a sense of community spirit. While social …

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Volunteer Help: Friend or Foe to a Community?

Many community associations face substantial budgetary shortfalls on a yearly basis. As such, the use of volunteer labor may look like an attractive proposition to some associations. While saving money should be of paramount importance, not all free glitter is gold. In fact, relying on volunteer help may expose a community association to certain …

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Preventing Sexual Harassment in the Community Association Workplace

Sexual harassment is not often thought about in the context of community association law.  The reality, however, is that the number of sexual harassment claims brought against community associations has skyrocketed in recent years, making it imperative that a community association know everything it can about the law to shield itself from these types …

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Medical Marijuana and Your Florida Community

Citizens in the Sunshine State approved Amendment 2, which legalized the use of medical marijuana, by a 71% margin. Florida is expected to log more than $1 billion in medical marijuana sales by 2019, according to a report compiled by marijuana industry analysts New Frontier Data and Arcview Market Research. The full extent of …

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