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How Community Associations Can Handle the Continuing Popularity of Short-Term Rentals

Despite a year that has drastically curtailed traveling due to the global COVID-19 pandemic, the popularity of online vacation and short-term rental platforms, such as Airbnb and others, has persisted as people have sought escapes to private homes instead of hotels and to upgrade their work-from-home routines to somewhere with a view. Airbnb is …

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An Association’s Response to Owners Requiring Additional Care

Some older individuals choose to live out their final years in their personal residences, alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience certain mental health issues that make them unable to adequately care for themselves. Associations are often at a loss with how to assist these …

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Short-Term Rental Developments: Profits Not Necessary to Violate Residential Use Covenant

Short-term rental arrangements continue to plague community associations, with owners and powerful lobbying groups for companies like Airbnb constantly devising new tactics for avoiding restrictions.

“With Airbnb and those platforms becoming such a huge percentage of rentals,” says Jennifer Horan, a shareholder in the Naples, Fla., office of Becker & Poliakoff, …

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An Association’s Obligation Regarding Neighbor Versus Neighbor Disputes

Community Associations have an obligation to enforce their governing documents. However, that obligation does not extend to policing, mediating, or resolving disputes between owners, without a corresponding covenant violation. Associations have an obligation to all owners of the community to do what is in the best interest of all owners, not just the select …

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Hiding in Plain Sight: What Are “Discriminatory Covenants” and Does Your Association’s Governing Documents Contain Them?

One of the last few bills to be approved by Governor DeSantis at the end of this year’s legislative session was Senate Bill No. 374 which became law on September 4, 2020.  The new law defines and prohibits “discriminatory restrictions” from any title transaction recorded in the State of Florida and creates section 712.065, …

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Court Finds Short-Term Rentals Violate Deed Restriction

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 …

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New Laws

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 …

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