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Category – Insight
The line between what an association’s board can legally do as a matter of law and what the board should do as a matter of good practice and policy is often blurred without any practical guidance available for well-intentioned directors who want to do the very …
Who is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway?
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When a community has an entrance gate, it is almost inevitable that the association will at some point deal with the issue of whether it is responsible for damage to a vehicle which occurred when someone was entering or exiting the gate. The primary question to resolve in assessing liability in such a circumstance …
Florida laws governing community associations require notice of meetings to encourage owner participation. Here is a helpful guide summarizing the notice requirements under statute; however, this guide is not intended to be all inclusive and is only for general reference.
Meeting Type
Condo/Co-op
HOA
Board meeting(s)
48 hours posted notice with agenda, except …
Jennifer Horan has spent over twelve years addressing and resolving a myriad of issues facing community, condo, and homeowners’ associations. Below is a collection of her insights regarding association board roles and responsibilities, managing disputes, COVID-19 health and safety protocols and enforcement, and more.
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When teaching contract law to my undergraduate students at Florida International University, I always begin with a question: “How many of you sign a contract without reading it?” A simple question and one would think that everyone reads before they sign. But no. Mostly everyone signs without reading, whether a credit card agreement, apartment …
Although the advent of vaccines signals the end of COVID-19, the pandemic remains a fixture in our landscape and undoubtedly will for some time to come. As Southwest Florida community associations typically have most of their meetings during the “season,” this presents recurrent questions about the applicable laws and “sunshine rules,” especially regarding “remote …
Other than political debate, perhaps nothing else evokes more of an “emotional” response than the issue of emotional support animals in a no pet community. While this is not a new issue, and has been discussed many times in this forum and others, new laws in Florida may affect how your community may handle …
This article is Part I of a two-part series on the vital subject of amending community association governing documents. This article will focus on the common reasons why a community association should consider amending its governing documents. Part II will focus on how to amend governing documents. There are three …
The line between what an association’s board can legally do as a matter of law and what the board should do as a matter of good practice is often blurred without any practical guidance available for well-intentioned directors who want to do the very best they can for their community …
Chapter 558, Florida Statutes and Section 553.84, Florida Statutes are consumer-friendly statutes drafted and signed into law years ago to protect Florida homeowners, HOAs, and condominiums, provide for the resolution of construction defect claims, and promote the settlement of claims without resorting to litigation. Bills filed recently by Florida politicians would severely hamper the …
Some boards only engage legal counsel when a situation has become dire. Others are overly cautious and all the attorney at the drop of a hat, but unusually high legal bills often lead to membership scrutiny.
More often than not, however, boards don’t consult legal counsel enough. It’s a dangerous …