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Are Reserves Still Mandatory for Homeowners’ Associations?

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There were several revisions to Chapter 720, which went into effect July 1, 2021.  One of these revisions was to Section 720.303(6)(c) and (d), Florida Statutes.  The revisions to this Section now provide, in part:

  • An association …

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Security Tips for Managing the Association’s Bank Accounts Online

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Increasing numbers of people and small businesses, including community associations, have switched to managing their bank accounts exclusively over the internet.  Not surprisingly, these numbers surged even higher during the pandemic.  While online banking has become common place, so have …

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Natural Gas Fuel Stations

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A few years ago, the Florida Legislature recognized that the use of electric vehicles conserves and protects the state’s environmental resources, provides significant economic savings to drivers, and serves an important public interest.  As a result, the Legislature created Section …

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“Sunshine Laws” for Condominium Associations

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Florida’s Sunshine in the Government Act, (“Sunshine Laws”) requires transparency and disclosure in government and business. Although the Sunshine Laws do not apply to condominium associations, the Florida Condominium Act (“Act”) found in Chapter 718, Florida Statutes, contains its own …

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A Guide to Sending the New Notice of Late Assessment

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As of July 1, 2021, associations are required to send delinquent owners a Notice of Late Assessments, giving the owners 30 days to bring the account current prior to turning the account over to the association’s legal counsel for collections. …

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Community Association Due Process Rights with Respect to Neighboring Developments

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If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and …

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What is a “Fining Committee” and Who Can Be on It?

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Of all enforcement options available to an association for violations of its governing documents, the imposition of fines is one that yields many questions due to the strict procedures required to impose a fine. If the process is not followed …

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Absentee Owners and Unoccupied Condominium Units

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In condominium associations throughout the state, it is common for there to be seasonal unit owners who leave their units unoccupied during portions of the year. For associations faced with periodically unoccupied units in multifamily condominium buildings, there are distinct …

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My Association is Responsible for What?!? The Good, Bad, and Ugly of Contractual Indemnity

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“Indemnity” is a legal term of art which stands for the right of a party to claim reimbursement for its loss, damage, or liability from another party who has such a duty.  Ordinarily, the duty to indemnify arises through express …

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What Associations Need to Know About Homestead

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Article X, Section 4 of Florida’s Constitution protects homestead property from many kinds of forced sales. However, since foreclosures of homestead properties for unpaid association assessment debts and for unpaid mortgage debts occur routinely, it is easy to see how …

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Can Remote Meetings Be Held Now That the State of Emergency Has Expired?

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The “state of emergency” that had been imposed by Governor DeSantis in light of the COVID-19 pandemic expired on June 26, 2021.  As a result, the “emergency powers” given to condominium, cooperatives, and homeowners’ associations in Sections 718.1265, 719.128, and …

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“Caring for the Financial Well-being of the Association,” FLCAJ Magazine

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To ensure the financial well-being of the association, boards and managers should focus on at least four factors in the association: budget, reserves, insurance, and collection practices. This article will take a brief look at each of these, but this …

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