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COVID Lingers/So Do Legal Questions

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Heron at Destin West Beach & Bay Resort Condominium Association, Inc v. Osprey at Destin West Beach and Bay Resort Condominium Association, Inc.

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Hierarchy amongst documents which govern a community association is at the heart of THIS CASE.  The primary dispute which ignited this litigation concerned how the president would be chosen for the master association board of directors.  The master association board …

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“3 Tax Traps for Associations and Managers to Avoid” – Community Association Management Insider

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Kickbacks might be easy to define, but sometimes in the day-to-day of work transactions, they can be difficult to spot.

“It’s generally receiving something of value in exchange for getting a contract or a better deal and pocketing …

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“Cornering Kickbacks: How to Help Your Managers Avoid Them” – Community Association Management Insider

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Kickbacks might be easy to define, but sometimes in the day-to-day of work transactions, they can be difficult to spot.

“It’s generally receiving something of value in exchange for getting a contract or a better deal and pocketing …

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Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.

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The ability for condominium associations to terminate certain contracts using a statutory procedure is at the heart of THIS CASE. In 2002, Comcast of Florida, L.P. (“Comcast”) entered into an agreement with the condominium developer (on behalf of the Association) …

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Brown v. Rice

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The ability (and limitations) on transferring limited common elements is at the heart of THIS CASE. The declaration of condominium at issue specifically described the garages as limited common elements and gave the developer the authority to assign garages. The …

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What Associations Need to Know About Homestead

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Article X, Section 4 of Florida’s Constitution protects homestead property from many kinds of forced sales. However, since foreclosures of homestead properties for unpaid association assessment debts and for unpaid mortgage debts occur routinely, it is easy to see how …

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Condo cannot collect safe harbor from mortgagee after foreclosure

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Court explains “safe harbor” and says:

“individualized charges, such as interest, late fees, collection costs and attorney’s fees do not fit within the statutory or common sense understanding of “regular periodic assessments”

A …

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Condo Associations & HOAs Losing Millions Nationwide

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Financial controls are extremely important.

According to recent reports, more than 1.2 million worthless checks enter the banking system every day in the United States.  Check fraud losses account for …

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Federal Lawsuit Filed Against HOAs for Overcharges

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HOAs are being sued in federal court for charging more fees, costs and assessments than permitted by law.

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