The ‘Nuisance’ Problem
Shayla Mount
Posted on When Do Annoying Behaviors and Activities Within and Surrounding the Community Become a Legal Nuisance and How Can Your Community Deal with It? …
Shayla Mount
Posted on 
Generally Board Members Cannot be Compensated
Joseph Adams
Posted on Q: Can the members of our board of directors receive a holiday bonus? (G.M, via e-mail)
A: Not to be the “grinch,” but this is generally not a good idea and is usually not legally permissible. …
Short-Term Rental Developments: Profits Not Necessary to Violate Residential Use Covenant
Jennifer Biletnikoff
Posted on 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 …
Is It a Limited Common Element?
Michael O. Dermody
Posted on Most condominium unit owners may think that limited common elements are those areas outside the condominium unit that are part of the common elements, but which are used only by a specific unit owner. However, the Florida Condominium Act defines …
An Association’s Obligation Regarding Neighbor Versus Neighbor Disputes
Robyn Severs
Posted on 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 …
Election Season is Upon Us!
Mark D. Friedman
Posted on For condominiums and cooperatives there are a few statutory election guideposts that start with the numbers 60, 40, 35 and 14*.
Sixty (60) days prior to your annual meeting election the first notice must be sent to all …
Hiding in Plain Sight: What Are “Discriminatory Covenants” and Does Your Association’s Governing Documents Contain Them?
Shayla Mount
Posted on 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” …
Court Finds Short-Term Rentals Violate Deed Restriction
Jennifer Biletnikoff
Posted on 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 …
New Laws
Steven H. Mezer
Posted on 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 …
Navigate the Claims Process Successfully
Hugo Alvarez, Esq.
Posted on 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 …
Distinguishing Between Statutory and Non-statutory Reserves Under the Florida Homeowners’ Association Act
Karyan San Martano
Posted on 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 …
Take a Bite Out of Fraudulent Emotional Support Animal Requests
JoAnn Nesta Burnett
Posted on 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. …