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Homeowner Association Confusion & Frequently Asked Questions

Although the term community association encompasses different types of community associations, in Florida, the two predominant forms of community associations are homeowners associations and condominium associations. There are vast differences but also numerous similarities between the two. Unfortunately, this can cause confusion when owners, directors, and/or managers assume the two are the same. Simply put, …

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Condominium Association Elections – The Who, What, When, & Where

Your condominium association elections for your Board of Directors are governed by the Florida Condominium Act (Chapter 718 of the Florida Statutes), and Rule 61B-23.0021 of the Florida Administrative Code. Your association governing documents may also contain requirements for your election. Generally, these requirements are contained in the association’s By-Laws. With this in mind, there …

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Weighing the Costs: Common Sense/‘Cents’ COVID-19 Measures for Community Associations Reopening Common Elements and Common Facilities

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One full year into the COVID-19 pandemic and people have really started to appreciate (or abhor) their neighbors. The extra time at home or stuck in one’s condominium unit has caused an increased sense of awareness and, in some cases, aggravation regarding the comings and goings and habits of our neighbors.

Many community …

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Hiding in Plain Sight: What Are “Discriminatory Covenants” and Does Your Association’s Governing Documents Contain Them?

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” from any title transaction recorded in the State of Florida and creates section 712.065, Florida …

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Phony Parking Violation Letters in Condominiums

Condominium living has its advantages and challenges – one such challenge is often parking. Today, people move into these communities with several vehicles in tow and in condominiums, there is limited space in the parking garages and parking areas for unit owners and their guests. Sometimes this results in unit owners taking parking, that violates …

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Can I Trim Tree Limbs?

Q: I am a new owner of a home located within a deed restricted community. Many of the lots, including mine, have large oak trees located between the rear of the residence and the community property line. The oak trees are never trimmed by the association. One oak tree in particular is located on common …

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“Managing Common Housing Under the Threat of COVID-19,” FCAP Managers Report

Managers are on the front lines of many challenging issues for private residential communities but managing a pandemic is uncharted territory for most. With the number of cases of COVID-19 increasing in Florida and the fact that Governor DeSantis has declared a State of Emergency, proactive community association management professionals are thinking about how this virus …

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“How to Minimize Coronavirus Risk in Fla. Residential Communities,” Daily Business Review

With the number of cases of COVID-19 increasing in Florida and Gov. Ron DeSantis declaring a state of emergency, proactive community association boards and their management professionals are thinking about how this virus might impact their residential communities and what can be done to blunt the impact. …

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“Limit on Charging Transfer Fees? ,” Naples Daily News

Q: My condominium association imposes strict limitations on the rental of units.  The condominium documents include a requirement for the board to review and approve all proposed leases and tenants.  The condominium documents also permit the association to charge a fee up to the highest amount the law allows to cover the cost of the …

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