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Can Owners Stop the Turnover of a Homeowners’ Association?

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In a newly developed community, transitioning control of the association from the developer to the owners is often an anxiously anticipated – and some might say, dreaded – event. Pursuant to Section 720.307, Florida Statutes, transition of control of a …

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Issues to Consider Prior to Installing Security Cameras on the Common Areas – Part I

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Many associations now install security cameras on the common areas to guarantee video evidence of any intentional vandalism or negligent actions which result in damage to the common areas, such as a vehicle running into the gate of a gated …

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Bankruptcy Basics for Community Associations

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Associations generate nearly all of their funding through fees and special assessments paid by members of the shared ownership community. Some members who fall behind in their financial obligations may look to bankruptcy as a way to address their debts, …

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Leasing Restrictions – Be Sure You Can Do What You Think You Can Do

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For over a year, it would appear from the outside that the only issue Florida community associations have been dealing with is the pandemic. Those of us who work with, live in, or manage condominiums know this is not the …

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Playing for Keeps – What Rights & Authority Is an HOA Developer (or Successor Developer) Allowed to Keep after Turnover?

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For many Homeowners’ Association (“HOA”) owners and board members, the words “turnover” and “transition” are two of the most anxiously anticipated yet mysterious terms in community association lingo. Often used interchangeably, the phrases generally refer to the period of time …

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Is That Contractor Really an Employee?

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The misclassification of an employee as an independent contractor can prove costly for employers — including both community associations and managers. So it was good news when the Trump administration finalized a rule that loosened the test for determining whether …

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How to Handle Unexpected and Dangerous Situations

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Florida associations are accustomed to preparing for hurricanes, but disaster plans should also account for other catastrophic events where there is often less advance warning, such as tornadoes, active shooter scenarios, and now global pandemics.

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The Ins & Outs of Preparing a Condominium Association Budget

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In many ways, the managing and operating of a condominium association is akin to operating a business. A primary similarity is the importance of careful and accurate financial planning and budget preparation. The board of directors of an association has …

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Becker Uncovers Collusion Between Florida OIR & Citizens Insurance

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Citizens Property Insurance allegedly overcharged Florida condominium association policyholders for years, according to the Fort Lauderdale, FL., law firm Becker. The firm also accuses the Florida Office of Insurance Regulations (OIR) of partaking in secret communications with the insurer, which …

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Addressing “Exploding” Frustrations Related to Fireworks Under New Law

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Section 791.08, Florida Statutes, took effect on April 8, 2020 and has several implications for Florida homeowners’ associations. The statute provides that fireworks may be lawfully used on certain “designated holidays” which are defined as New Year’s Eve (December 31st), …

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Should an Association Allow Its Clubhouse, or Other Common Area, to Be Used for Gambling?

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While there are certain exceptions, generally, any game of chance is considered gambling. Section 849.08, Florida Statutes, defines gambling as follows:

“Gambling.—Whoever plays or engages in any game at cards, keno, roulette, faro or other game of chance, …

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The Plan – Identifying the Potential Consequences of a Disaster

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The first step toward developing and implementing a disaster plan is identifying the potential consequences of a disaster. The second step is to develop and implement a plan to mitigate the impact of a disaster to the fullest extent possible. …

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