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Category – Insight
Q: My homeowners’ association has maintenance access easements over certain areas across the lots adjacent to a pond. Does this mean that all homeowners’ association owners/members are allowed to walk over these access easements to access the pond? (D.P., via e-mail)
A: It depends upon the language of the grant …
Q: I live in a condominium and want to know if there is a state statute that limits the number of units that can be rented in a condominium or can the owners establish such a limit? (R.B., via e-mail)
A: Chapter 718 of the Florida Condominium Act (“Act”) does …
The current economic climate combined with COVID-related migration has many homeowners exploring the revenue generating options of their properties, which can put them at odds with a community association’s mission to cultivate residential harmony and lead to legal proceedings.
Becker Shareholder Jennifer Horan strongly advocates for a careful examination of association restrictions before moving forward with …
New F.S. 718.129, 719.131, and 720.318 provide that an association may not prohibit parking a law enforcement vehicle where the officer has a right to park.
F.S. 760.27 provides that a person seeking an emotional support animal must provide certain supporting information to qualify if the relate need for an ESA is not readily apparent. The …
Navigating an insurance claim after a significant loss can be frustrating, costly, and time consuming. Associations have an obligation to cooperate with their insurance company fully and completely during the claims process, even in the most daunting of circumstances. Failure to adhere to that duty may result in the denial of an insurance claim even in …
Considering the fiduciary responsibilities officers and directors have to the homeowners’ association’s members, it is important to understand not only the importance of including reserve accounts in an association’s budget, but also to understand when reserve funding is mandatory under the Florida Homeowners’ Association Act. Unlike condominium associations, maintaining fully funded reserve accounts is not always …
Q: What steps can my homeowners’ association take to control speeding on our community’s roads? (A.G., via e-mail)
A: A number of issues are at play here. For example, what speed measuring devices are being used, if any, what enforcement measures does the association have, how are the association’s roadways …
Q: My homeowners’ association is considering amendments to its governing documents. A question has come up concerning what membership vote is required to amend the documents. Can you please advise? (G.R., via e-mail)
A: There is no one size fits all answer concerning what vote is required to amend a …
One of the most difficult issues facing community association board members is how to evaluate and address requests for accommodations for emotional support animals (“ESA”). Often, mental disabilities are not as visible and obvious as many physical disabilities. …
Q: My condominium association has been questioning when owners and board members can vote by proxy and the differences between a general and limited proxy. Can you explain when proxies can and should be used by either board members or unit owners when voting? (G.R., via e-mail)
A: The short …
Q: When can a condominium board of directors hold a meeting which is closed to the owners? (P.C., via e-mail)
A: Pursuant to Section 718.112(2)(c) of the Florida Condominium Act, meetings of the board of administration at which a quorum of the board members is present must be properly noticed …
Shareholder Jennifer Horan weighs in on amending community association governing documents to include restrictions on the use of surveillance cameras. “The Ring doorbell has been a huge issue because the span [of the captured images] is so far that they can really see everything. Especially in connected homes, where you may share a driveway, people are …