Can a non-owner be a Board member in a Condominium?
Every year this question comes up in one form or another. In some cases, it is a spouse who is not on the deed who wants to be …
Fiduciary Relationship and the Business Judgment Rule
Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association …
2022 Hurricane Nicole Permit Extension Opportunity Extended Further
Property owners, developers, construction industry professionals, and other permit- and authorization-holders may have even more opportunities for further extensions due to Hurricane Nicole in 2022.
The following provides an overview of the permit extensions available under law, including what gives rise …
Pesky Critters in Your Community? Top Tips From Wildlife Expert and Trapper Todd Hardwick
As developers continue to build at a brisk pace, community association residents often find themselves sharing space with all types of wildlife including the good, the bad and the dangerous! What would you do if you spotted an alligator in your …
‘Sunshine’ Rules Apply to Budget Workshops
Q: An issue has come up in my condominium association regarding the creation of the budget for the 2024 fiscal year. The board has discussed having a board workshop to develop the budget. However, it is not clear that the board …
Director Removal Does Not Require Good Cause
Q: Until recently, I was the president of my condominium association. However, certain unit owners were unhappy with the decisions I had made and pushed through a recall. While I do not dispute that they obtained recall agreements signed by …
Boot Camp for Board Members: Army Vet, PCAM and Becker Shareholder, Howard Perl, Discusses the Benefits of Rigorous Board Member Education
This week, our guest and Becker Shareholder, Howard Perl, sits down with host Donna DiMaggio Berger to share his experiences as both an army veteran as well as a successful PCAM before going to law school later in life. Howard recounts …
New HOA Fining Law Take Effect October 1
Q: You had previously written about some new changes that are coming up about how to handle fines in homeowners’ association. Can you give a brief summary of what we need to do? (M.J., via e-mail)
A: Several new …
New HOA Law Addresses Storage
Q: At a recent event I attended, someone mentioned a new rule that prohibits sheds on a single-family property in a HOA. I could not find any reference for that in your 2023 legislative reviews. It seems someone may have …
Are Those Under Age 18 a Protected Class?
In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering …