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Community Update

September 2018

In this Issue

Of course it doesn’t feel like it in Florida but autumn is officially here, which means before you know it breathing outdoors will be possible again. This of course means more and more comfortable time outdoors, more residents back to living in your association and with it all – more risk. That’s why in this issue we take a look at some areas where you as an association board member or manager can mitigate the legal risk inherent in such on-site amenities as swimming pools, golf courses and even general repairs and enhancements.

Our first article, Those Pesky Little White Balls, addresses the extent of liability a community association faces as a result of errant shots. We know, YOU always shoot straight, but you may be surprised at the amount of case law covering this issue.

Just how risky is it for an owner to rent out their unit? Our article Are HOA Owners “Grandfathered” In from New Rental Restrictions? lays it all out.

There’s also risk involved if your community is planning repairs or improvements and you don’t get government approval. Managing Government Approval for Community Repairs and Improvements spells it out for you.

Charging the Way: New Law Opens the Door for Electric Charging Stations in Condominiums discusses a recent amendment to Florida’s Condominium Act that lays out unit owners’ rights if they want to install an electric vehicle charging station.

When it comes to risk we all know the complexities around maintaining a swimming pool. But what about the very specific case where owners are hiring instructors to provide private swimming lessons in the community pool? Swimming Lessons in the Community Pool – What’s the Risk? discusses the issues an association should consider.

If you have new members on your Board or a new manager for your community and want them to be part of our Community Update community, have them subscribe:

See you in our next issue!

Marilyn J. Perez-Martinez, Editor

  • Those Pesky Little White Balls

    Living in a golf course community is the ultimate dream for many. However, a golf course address can equate to some rather nightmarish liability issues for many community associations. Those issues often stem from misdirected golf swings or “errant” shots. …

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Did you know?

You may not know that much about Jeremy Shir, an attorney with Becker’s Government Law & Lobbying group. Well, that’s about to change. Jeremy’s practice specializes in Land Use & Zoning and is just one example of the depth and breadth of legal services Becker has available to you. Is your association planning repairs or improvements? That’s where Jeremy can help. In fact, he discusses the need for just this kind of counsel this month in his article Managing Government Approval for Community Repairs and Improvements.

As a land-use attorney, Jeremy assists in guiding community associations, developers and business owners through the multifaceted approval process with issues such as site-plan approvals, rezonings, variances, special exceptions and conditional use permits, among other things. Jeremy also specializes in representing condominium associations and HOA’s with strategic advice, negotiations and, when necessary, administrative hearings or litigation against developers on intensity of use, compatibility issues and construction management.

A graduate of Cooper City High School and the University of Miami Law School, Jeremy is deeply involved in the community. When not at the beach with his wife and baby or learning to play the guitar (after reasonable accomplishment on the saxophone and bassoon), he makes time to serve as a board member with the Greater Hollywood Chamber of Commerce Board of Directors and as the co-chair of the Broward Urban Land Institute’s Young Professionals Committee. In true Floridian fashion, he’s perpetually at work on his tennis game and, word has it, throws a pretty mean jump shot when on the basketball court with friends. Jeremy’s wife Rony, an FSU graduate, is the Director of Corporate and Alumni Engagement for the UM Business School. Jeremy, however, remains convinced that she is a Trojan horse for FSU. The couple are widely reported to host epic competitions of PS4’s “Just Dance” with their friends.