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Florida Governor DeSantis recently allowed Executive Order No. 20-52, which originally declared a State of Emergency for the entire State on March 9, 2020 in response to confirmed COVID-19 cases in Florida, to expire after eight (8) extensions¹. …
Donna DiMaggio Berger Addresses Service Animal/ESA Challenge for Community Associations
By Donna DiMaggio Berger
Posted on 
Ensuring that a shared ownership community welcomes legitimate service animals and emotional support animals (ESAs) while protecting the group from fraudulent claims is one of the most complex issues facing volunteer boards today. Becker shareholder and executive director of the Community Association Legislative Lobby Donna DiMaggio Berger joins Sandra Gottlieb of Swedelson Gottlieb and Melissa …
Special Taxing Districts Explained
By Joseph Adams
Posted on 
Q: What is an “MSTU”? My neighborhood association, which is voluntary, is considering getting one set up to maintain our roads. (P.K., via e-mail)
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Fining Procedure Details Explored
By Joseph Adams
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Q: Fining for violations has always been confusing to me, since most fines are cumulative or compounding for each day the violation is not corrected. Should the due date be following correction of the violation or whatever date the fine ceases? (R.N., via e-mail).
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Leasing Restrictions – Be Sure You Can Do What You Think You Can Do
By Lilliana Farinas-Sabogal
Posted on 
For over a year, it would appear from the outside that the only issue Florida community associations have been dealing with is the pandemic. Those of us who work with, live in, or manage condominiums know this is not the case. However, it did seem that COVID-19 issues superseded all other issues for some time. …
Playing for Keeps – What Rights & Authority Is an HOA Developer (or Successor Developer) Allowed to Keep after Turnover?
By Shayla Mount
Posted on 
For many Homeowners’ Association (“HOA”) owners and board members, the words “turnover” and “transition” are two of the most anxiously anticipated yet mysterious terms in community association lingo. Often used interchangeably, the phrases generally refer to the period of time (or “triggering event”) in the development of the community at which the developer is required, …
Owner’s Pot-Bellied Pig Leads To Unusual Discrimination Lawsuit
By David G. Muller
Posted on 
An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly worded restrictions can backfire.
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Is That Contractor Really an Employee?
By Jamie B. Dokovna
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The misclassification of an employee as an independent contractor can prove costly for employers — including both community associations and managers. So it was good news when the Trump administration finalized a rule that loosened the test for determining whether a worker is an employee or an independent contractor.
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Community Association Q&A: Can An HOA Director Be Recalled?
By David G. Muller
Posted on 
Q: One of the directors on the board at my homeowners’ association needs to be removed. He is very belligerent to his fellow directors and other owners. He also rarely attends meetings and never contributes. What needs to happen under Florida law to get him off the board? C.S.
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Lee County Wants to Help Speed Up Hurricane Cleanup
By Joseph Adams
Posted on 
Q: As a popular columnist for Condominium and HOA residents, can you assist Lee County in providing information for hurricane season 2021? (Betsy Clayton, Lee County Government)
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