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Surprise Audits Not Authorized

Q: Does Florida do unannounced audits of condominium or homeowners’ associations to see if they are conforming to the relevant statutes? For example, some of our board members don’t want bids for a contract even though it is required by statute. As President, the argument I got from some board members was: “who’s …

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“Someone is Sick: Now What?,” Community Association Management Insider

What do you do when one of your community association members is diagnosed with the coronavirus (COVID-19)? Becker Shareholder Jennifer Horan reminds board members to exercise caution when considering privacy rights of residents, while also being transparent.
“I tell my boards in condo associations that they don’t necessarily have the duty …

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State and Local Opportunities to Extend Certain Permits in Florida Due to COVID-19 May Be Available to Associations

As discussed in our earlier post on March 20, community associations may have access to an extension of opportunities for permits. Although Section 252.363(1)(a), Florida Statutes, as amended in 2019, only provides that certain qualifying permits and authorizations are eligible for an extension once certain “natural emergency” states of emergency are declared, there has …

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Opportunities to Extend Certain Permits in Florida Due to COVID-19 May Be Available to Associations

Community associations may soon have access to an extension of opportunities for permits. Although Section 252.363(1)(a), Florida Statutes, as amended in 2019 only provides that certain qualifying permits and authorizations are eligible for an extension once certain “natural emergency” States of Emergency are declared the current COVID-19 pandemic does not appear to fall under …

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“Community Associations Threatened With Website Litigation Under the ADA,” Daily Business Review

In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users.

The genesis for these association website suits may lie with the holding in the recent Domino’s Pizza v. Robles case. That case was originally brought by a …

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Defending Sea Turtle Lighting Code Enforcement Actions

Have you or your community association been faced with code enforcement violations related to sea turtle lighting? Even the best intentioned can be faced with such an issue in a coastal community.

Kathleen O. Berkey, B.C.S., AICP, a Becker land use and community association attorney and certified land planner who is a Board Certified Specialist in …

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Shedding Light on Sea Turtle Lighting

The Florida Fish and Wildlife Conservation Commission (FWC) and coastal local governments regulate what lighting is permitted to avoid and minimize the impacts to sea turtles, but why is artificial coastal lighting a problem? In the southeastern United States, sea turtle hatchlings begin to hatch throughout the months of June through October, most often at night …

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Back to Basics

There are articles every month covering community association issues, which you can find from a plethora of sources. This magazine, other similar magazines, national magazines, newspaper articles, everyone’s favorite blog, attorney resources, Internet, etc. Most of these articles deal with specific issues, such as short term rentals, or emotional support animals, or the latest …

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Es la temporada de las reuniones anuales y las elecciones. ¿Está usted seguro que sabe cómo conducir la elección de directores? PRIMERA PARTE.

Primero, tenga en mente que una elección no es necesaria al no ser que haya dos o más candidatos elegibles para una vacante en la junta.    Además, una elección general debe llevarse a cabo a la misma vez, y en el mismo lugar de la reunión anual, independientemente de si hay o no hay …

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