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Category Page – Community Update
A common defense raised by owners who find themselves on the wrong side of a covenant enforcement action is to allege an association’s failure to enforce the covenant at issue against all violators and instead only selectively enforcing it. The defense of selective enforcement is based upon a case decided by the Supreme Court …
Some associations are still not complying with the new laws on Estoppel Certificates which is required of condominiums, cooperatives, and homeowners associations. Prior to July 1, 2017, you only had to provide the prospective purchaser with information about the monies owed to the association attributable to the unit being purchased. Now you must provide …
How long is a condominium required to keep minutes of its meetings? Prior to July 1, 2018 the answer was seven years. This requirement had both its pros and cons. Likely the biggest advantage was minimizing storage requirements, as months, years, and even decades of minutes add up, particularly for older communities or those …
Many times I see situations where an owner sends a community a certified letter seeking the answer to questions about various issues. The nature and manner of the responses is dictated by the type of community. The Florida Condominium Act states that when a unit owner of a residential condominium files a written inquiry …
I often find that there is an over-complication that some people believe goes hand-in-hand with their responsibilities in operating a condominium. Most forget that the statute and administrative code provide boards with some basic tools to assist in day to day operations. This article will review some of these tools.
Unit …
Although summer is gone and fall is nearing its end, the truth is that even in the heart of winter we never truly have to wait long to enjoy the beach in Florida. The problem this year however is who can access the beach.
During the 2018 Legislative Session, the Legislature passed …
“Every man may justly consider his home his castle and himself as the king thereof; nonetheless his sovereign fiat to use his property as he pleases must yield, at least in degree, where ownership is in common or cooperation with others. The benefits of condominium living and ownership demand no less” Sterling Village …
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 …
Yes, as a matter of fact, it is legal for a condominium association board to hold a closed board meeting, but only in certain circumstances. Section 718.112(2)(c)3, of the Florida Condominium Act, allows the board to hold a closed board meeting (where unit owners are not permitted to attend) in two situations. The first …
There have been some interesting recent developments involving the new law establishing term limits for condominium board members, which has been the subject of at least two of my recent columns.
The Florida Condominium Act was amended effective July 1, 2018 to provide that a board member may not serve more than …
Living in a golf course community is the ultimate dream for many. However, a golf course address can equate to some rather nightmarish liability issues for many community associations. Those issues often stem from misdirected golf swings or “errant” shots.
There is no statutory law that governs golf ball liability. However, the …
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 …