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Category – Insight
Ensuring that a shared ownership community welcomes legitimate service animals and emotional support animals (ESAs) while protecting the group from fraudulent claims is one of the most complex issues facing volunteer boards today. Becker shareholder and executive director of the …
An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly …
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 …
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 …
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 …
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 …
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,” …
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 …
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 …
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 …
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 …
