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Condos and HOAs Follow Different Budgeting Rules

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Q: Our association will be holding its annual budget soon. After receiving the notice for this meeting, I called our association manager to ask how and where I could obtain a copy of the proposed budget. I was told …

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Marketable Title Act Explained

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Q: What vote is required to protect our homeowners’ association documents from MRTA? (Y.G., via e-mail)

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Law of Nuisance Explained

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Q: I live in a townhome. My neighbors recently installed outdoor lighting in their back lanai. Bright lights flood into my home and are becoming a serious annoyance. Can my association request that my neighbors have their lights dimmed …

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Community Associations Affected by the 2021 Legislative Session Part XI

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This week concludes our review of the 2021 legislative changes by reporting on a number of miscellaneous bills that may have indirect applicability to community associations.

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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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“Sunshine Laws” for Condominium Associations

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Florida’s Sunshine in the Government Act, (“Sunshine Laws”) requires transparency and disclosure in government and business. Although the Sunshine Laws do not apply to condominium associations, the Florida Condominium Act (“Act”) found in Chapter 718, Florida Statutes, contains its own …

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A Guide to Sending the New Notice of Late Assessment

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As of July 1, 2021, associations are required to send delinquent owners a Notice of Late Assessments, giving the owners 30 days to bring the account current prior to turning the account over to the association’s legal counsel for collections. …

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Community Association Due Process Rights with Respect to Neighboring Developments

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If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and …

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Do Owner Petitions Require the Board to Act?

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Q: My condominium is being overrun by commercial vehicles. I am trying to convince my board and fellow owners to change the documents to outlaw them. I got 15 percent of the owners to sign a petition to ban …

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Community Associations Affected by the 2021 Legislative Session Part X

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This week continues our review of the 2021 legislative changes affecting Florida community associations focusing on two bills that address COVID-19 pandemic legal issues.

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