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What Notice is Required for a Rule Amendment?

Where a condominium association’s governing documents authorize the board of directors to promulgate rules regulating the use of the units and/or the common elements, it is important, when such rules are amended, that the appropriate notice requirements be met. Under Chapter 718, the Condominium Act, the notice requirements for a rule amendment depend upon the …

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Sea Level Rise: Forewarned is Forearmed

We have all heard the environmentalists’ cry about the Dead Sea shrinking. Water levels are falling at an average rate of three feet per year due to evaporation and human diversion of tributaries. The opposite conundrum – sea level rise – is not occurring quite as rapidly but is equally as concerning.

Sea-level …

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How to Find an Effective Community Association Lawyer

Community association law is an area of practice that has experienced considerable growth in the past few years. As a result, many unqualified lawyers are jumping on the community association bandwagon. Therefore, your board should do its homework before hiring an attorney.

An effective lawyer can be a huge asset to most associations, …

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What’s Up with All This Traffic? The Impact of Neighboring Development on Community Association Roads.

Whether you know it or not, the roads traveling through your subdivision are likely easements created for the purpose of providing ingress/egress access to public streets. And whether you know it or not, those easements may also benefit neighboring properties, giving them access through your subdivision to a point of entry on a public road. …

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Solar Panels & HOAs – Can They Be Restricted?

While solar panels are often considered unsightly, they are a renewable energy device. For an individual home, they must be permitted by a homeowners association. However, they can be regulated. The relevant statute regarding solar panels is Section 163.04, Florida Statutes, which provides that no ordinances or laws can prohibit “the installation of solar collectors, …

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Directors Voting – Dispelling Myths

Every director who sits on the board of a homeowners association gets a voice in the operations of the association.  The questions I receive are more about how that voice is exercised through a vote.  For instance, some directors travel quite a bit, whether for work or play is irrelevant.  The directors however are entitled …

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Special Assessments in Condo

Special assessments happen.  The unfortunate reality is that during the life of a condominium building some unexpected expenses are going to arise and the association must take steps to fulfill its obligations to the membership.  If the operating budget cannot handle these expenses, and there is not a funded reserve account which can dray the …

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PSA: Condominiums and Websites

I have previously written a few articles for our Community Update about the website requirement for condominiums operating at least 150 units.  Just recently, I represented a condominium that was being investigated by the Division of Business and Professional Regulation (DBPR), for among other things, failing to have a website. While that issue resolved amicably …

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Premises Liability for Failure to Enforce

There are two recent cases of which community association boards should be particularly aware of.  Both cases involved residents who were injured by third parties but who filed suit against their association claiming that the association was also partly responsible for their damages because of their failure to enforce the rules and restrictions in the …

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What Can a Board Do about a Rude Officer or Director?

Most community association governing documents as well as applicable corporate statutes grant the board the right to appoint and remove officers.  This is important when an officer proves to be prone to bad/rude behavior.  The board likely has the right to vote to remove this individual as an officer (president, vice president, treasurer, secretary) at …

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