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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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Distinguishing Between Statutory and Non-statutory Reserves Under the Florida Homeowners’ Association Act

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 …

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“What’s New in Rules and Restrictions,” Community Association Management Insider

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 …

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