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The Membership Poll – The Pros, Cons & Confusion of Taking Membership Surveys

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The line between what an association’s board can legally do as a matter of law and what the board should do as a matter of good practice and policy is often blurred …

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Responsibility for Tree Branches & Roots

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Who is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway?

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Is Your HOA Gate Opening To Increased Liability?

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When a community has an entrance gate, it is almost inevitable that the association will at some point deal with the issue of whether it is responsible for damage to a vehicle which occurred when someone was entering or exiting …

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New Law Lays Term Limit Debate to Rest

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Q: Is there a legal opinion on the impact of a condominium association’s board term limits due to the emergency declarations and emergency powers granted to association boards? (D.S., via e-mail)

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How to Handle Unexpected and Dangerous Situations

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Florida associations are accustomed to preparing for hurricanes, but disaster plans should also account for other catastrophic events where there is often less advance warning, such as tornadoes, active shooter scenarios, and now global pandemics.

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The Ins & Outs of Preparing a Condominium Association Budget

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In many ways, the managing and operating of a condominium association is akin to operating a business. A primary similarity is the importance of careful and accurate financial planning and budget preparation. The board of directors of an association has …

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Becker Uncovers Collusion Between Florida OIR & Citizens Insurance

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Citizens Property Insurance allegedly overcharged Florida condominium association policyholders for years, according to the Fort Lauderdale, FL., law firm Becker. The firm also accuses the Florida Office of Insurance Regulations (OIR) of partaking in secret communications with the insurer, which …

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Addressing “Exploding” Frustrations Related to Fireworks Under New Law

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Section 791.08, Florida Statutes, took effect on April 8, 2020 and has several implications for Florida homeowners’ associations. The statute provides that fireworks may be lawfully used on certain “designated holidays” which are defined as New Year’s Eve (December 31st), …

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Should an Association Allow Its Clubhouse, or Other Common Area, to Be Used for Gambling?

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While there are certain exceptions, generally, any game of chance is considered gambling. Section 849.08, Florida Statutes, defines gambling as follows:

“Gambling.—Whoever plays or engages in any game at cards, keno, roulette, faro or other game of chance, …

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Owner Feels Locked Out from Information

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Q: I live in Canada and own a condominium unit in Florida. I cannot travel yet to go back to Florida and my condominium board president has blocked me from sending him e-mails. What are my rights to get …

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