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Court Finds Short-Term Rentals Violate Deed Restriction

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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.

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New Laws

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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 …

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Navigate the Claims Process Successfully

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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 …

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

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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 …

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Take a Bite Out of Fraudulent Emotional Support Animal Requests

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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.

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

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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 …

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Is a Community Association Responsible for the Acts of Its Volunteers?

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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 …

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The Association’s Strong Hand for the Removal of Non-Approved Structures

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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 …

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Removing Officers and Directors Require Different Procedures

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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 …

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Preparing to Navigate the Claims Process by Understanding What Is Expected

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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 …

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Virus Still Raising Questions For Associations

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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) …

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Parking Controversy Raises Questions

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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 …

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