No More Mr. Nice Guy
The best way to get members to comply with the governing documents of an Association is to have a clear cut policy for enforcement. The policy will permit proper follow through and will serve to deter future violations.
Does the Association Need a Building Permit?
Does the association need a building permit? On very rare occasions will a building permit not be required. When in doubt, the Association should assume that a permit must be obtained.
Incidental Damages, Who Pays?
Certainly, if the association is negligent in performing its maintenance and such negligence causes damage to the owner’s unit or personal property, the association is liable for the damage. But, what about situations where the association must cut into unit ceilings, floors or walls to repair common element pipes? The resulting damage is not the result of negligence in these instances. But is it fair for the unit owners to pay for the repairs when they had nothing to do with causing the damage?
Protect the Association’s Funds from Fraud or Theft
Community Association Boards of Directors Must Safeguard Association Funds.
Recent Arrests and Reported Losses Demonstrate Lack of Financial Oversight.
Community Associations simply cannot function without adequate cash flow. Community leaders have a fiduciary obligation to monitor and protect the …
Are E-mails, Instant Messages (IM), & Twitter Transcripts “official” records of the Association? (Round 2)
E-mails from members of the Board to Association employees are considered official records and must be maintained whether on paper or electronically to ensure compliance with the Florida Condominium Act.
Protecting the Association Against Unlicensed Contractors
Associations lose hundreds of thousands of dollars to unlicensed and uncertified contractors every year. Associations should protect their property by avoiding unlicensed contractors.
Hurricane Preparedness & Insurance Claims Recovery Webinar
Members of Becker & Poliakoff’s Hurricane Preparedness and Claims Recovery Team presented “Hurricane Season 2009: Are You Ready to Weather the Storm?”
Shareholders Ken Direktor and Herb Brock explained the importance of developing a disaster plan that includes safeguarding documents by making digital backups, advising residents of local …
Posting Debtor Lists to Collect Delinquent Condo & HOA Assessments
The Florida Consumer Collection Practices Act Prohibits Associations From Posting Delinquency Lists and Taking Other Actions to Collect Assessments and Maintenance Fees.
Condominium Warranties and the Statute of Limitations
It is important for all condominium purchasers to know the very strong warranties that come with their purchase of a condominium unit. A developer grants each first-time purchaser of a condominium unit implied warranties under Section 718.203, Florida Statutes. The warranties are for fitness of purchase and merchantability and commence upon the issuance of …
Are E-mails, Instant Messages (IM), & Twitter Transcripts “official” records of the Association?
The ever changing trends in technology will keep Associations on their toes about the “official records” aspect of E-mails, Instant Messages (IM), & Twitter Transcripts.
Roof Leaks and the Statute of Limitations
One of the most important issues for any legal claim is the statute of limitations, and claims for construction defects are no different. The statute of limitations is the time frame within which a lawsuit must be filed in order to have any recovery against the party or parties responsible for the damage. This …
Do Fines Really Work?
Imposing fines may indeed be an inexpensive alternative to filing lawsuits or arbitration petitions but does it actually help in curing violations or deterring owners from violating the association’s use restrictions?