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Category – Insight
Navigating an insurance claim after a significant loss can be frustrating, costly, and time consuming. Associations have an obligation to cooperate with their insurance company fully and completely during the claims process, even in the most daunting of circumstances. Failure to adhere to that duty may result in the denial of an insurance claim even in …
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 …
One of the most difficult issues facing community association board members is how to evaluate and address requests for accommodations for emotional support animals (“ESA”). Often, mental disabilities are not as visible and obvious as many physical disabilities. …
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 …
Community associations can be a great place for community involvement. It is always nice to see members get involved and help with operating the association. However, should the association be concerned about the actions of these volunteers?
An association may be held liable for the acts of its volunteers, depending on the …
Enforcing HOA restrictions can be a formidable task, implicating myriad overlapping declaration provisions, association rules, and Florida law. And going to court to get injunctive relief – a court order requiring an owner to comply – can seem even more daunting. The elements that are required to establish a basis for injunctive relief are: …
Q: Our homeowners’ association board president has not been responsive. He is also over two months overdue on assessments. Can he be replaced and what are the steps for that process? (V.R., via e-mail)
A: There is a difference between directors and officers. Directors (the “board”) are elected by the …
Navigating an insurance claim after a significant loss can be frustrating, costly, and time consuming. Associations have an obligation to cooperate with their insurance company fully and completely during the claims process even in the most daunting of circumstances. Failure to adhere to that duty may result in the denial of an insurance claim …
Q: There have been so many orders and news conferences from the governor regarding the COVID-19 pandemic. Can you give us a quick overview of what orders that apply to community associations are still in effect? (R.D., via e-mail)
A: On March 9, 2020, Governor Ron DeSantis issued Executive Order …
Q: Does a condominium unit owner have the right to prohibit anyone from parking in his assigned parking space while he or she is residing in their northern home? (J.M., via e-mail)
A: It depends. If the parking space is designated by the declaration of condominium as a “limited common …
Q: I own the top unit in a two-story building. Heavy rains caused roof damage which caused significant ceiling damage in my unit. The property manager quickly sent a roofer to fix the exterior problem. They will provide service to replace my ceiling sheet rock but will not pay for ceiling paint. Why …
Q: We heard a rumor that our “55+ Park” is no longer required to register with the state. Is this true? (D.R., via e-mail)
A: Yes. Effective July 1, 2020, Section 760.29(4) of Florida Statutes was amended to delete the requirement that “housing for older persons communities,” often called “55 …