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“Sit Back and Enjoy the Ride,” FCAP Managers Report

On July 10, 2020, Governor Ron DeSantis announced over $8 million of the state’s budget this year will be dedicated to strengthening Florida’s electric vehicle infrastructure. The intent of what Gov. DeSantis described as a “long-term investment” is to “promote reduced emissions and better air quality” and to “improve mobility and safety for the ever-increasing number …

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Pandemic Has Changed How Boards Do Business

Q: Our condominium association board held online/telephone monthly meetings during the pandemic enabling owners to listen and ask questions. Normally, our board holds meetings where owners may attend in person. When the Florida Governor implemented Phase 2, the board went back to in person attendance meetings with social distancing. Is the condominium association …

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Does My Association Include Fully Funded Reserves in Its Proposed Budget?

With the budget season approaching, many condominium associations may wonder how to prepare a budget when it’s anticipated that members will vote to waive or partially fund reserves. The board must create a proposed annual budget that includes estimated revenues and expenses. In addition to annual operating expenses, Section 718.112(2)(f)(2)a, Florida Statutes, requires the …

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Be Wary of MRTA

A little-known law, which can present big problems for planned residential and commercial subdivisions, has undergone a number of recent changes intended to make it more manageable and less impactful on the associations which oversee or manage planned residential and commercial subdivisions.

While the law, commonly known as MRTA and formally known …

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Mold Problem Explored

Q: My condominium unit has mold as a result of poor original construction in the 1980’s. Under the Florida Condominium Act, is the association responsible for the structural repairs of the damage caused by this mold? (S.S., via e-mail)

A: Mold is a symptom of water or excess moisture being …

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Florida Supreme Court Rules COVID-19 Pandemic Constitutes “Natural Emergency”

Governor Extends COVID-19 State of Emergency by 60 Days – Opportunities to Extend Certain Permits May Be Available to Associations

Section 252.363(1)(a), Florida Statutes, provides that certain qualifying permits and authorizations are eligible for an extension once certain States of Emergency are declared for the length of time the declaration …

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Backyard Clothesline Causes Flap

Q: There is an ongoing dispute in my homeowners’ association concerning the installation of clotheslines that we are hoping you can resolve. Some owners have stated that they are entitled to install clotheslines on their lots without regulation by the association. The board of directors has stated that while clotheslines may be installed, …

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