This is a question I am asked seemingly on a daily basis. It has some variations in format; perhaps involving a burst pipe, toilet/shower leak, or air-conditioner drip pan overflow but the theme is always the same. That is, something …
Indemnity and the Association, Part 2
Last week I wrote about Indemnification. Specifically about hiring contractors and ensuring that contract clauses were properly worded so that the Association was being indemnified and not providing the indemnity. At the end, I concluded by noting that indemnification in …
Indemnity and the Association
Indemnification. A scary word and a confusing subject. However, almost all contracts for services contain requirements for one party to indemnify the other from damages. Often these clauses are in small type of allegedly “standard form” agreements. For purposes of …
Differences in Insurance Requirements for Condominiums vs. Cooperatives in Florida
Much has been written about the insurance requirements for condominium associations and condominium owners. The Florida Condominium Act has been amended significantly over the years in this regard. Major changes resulted from the 2003 legislative session, by …
Fannie Mae Tightens Lending Standards for Florida – Project Eligibility Review Required
Fannie Mae recently announced several changes to its standards and reintroduced its Project Eligibility Review Service (PERS). Read PDF. PERS review is required for new and newly converted condominiums in Florida, while optional in projects located elsewhere …
Attorney-Client Privilege When Board Members Sue the Association
Protecting the Association’s interests when members of the Board are involved in a suit can get complicated. Creating a committee for the purpose of handling the matter may be the best solution.
Board Talking About Switching Over to “Pooled” Reserves
Question: Our board of directors has been talking about switching over to “pooled” reserves. Can you explain what this means?
L.A. (via e-mail) Answer: The concept of funding condominium reserves …
2009 Annual Community Association Leadership Conference
Free Educational Forum
The Community Association Law Practice Group of Becker & Poliakoff is pleased to announce that the Firm will be holding its Annual Community Association Leadership Conferences beginning on January 16, 2009. Becker & Poliakoff …
Management Company / Resident Conflict of Interest?
Q&A: The owner of the management company is also a resident/property owner in our community. Some of us feel that this creates a conflict of interest. What is your opinion on this?
In Re: Petition For Arbitration: Cypress Bend IV Condominium Association, Inc., v. Cheryl Pepper and Richard Frisbie, Arbitration Case No. No. 00-0417 (Final Order 6/26/00)
A. Facts:
In this case, the Cypress Bend IV Condominium Association (“Association”) filed a petition for arbitration against unit owners Cheryl Pepper and Richard Frisbie (“Respondents”). The Association alleged that the Respondents violated Article XIII, Section …