Q: We recently discovered that the air handler drain in the unit above us became clogged resulting in water damage to our unit. Our insurance covered some of the costs, but not all. We were not in the unit when …
Can Political Flags Be Flown?
Q: I went on a walk in my community and saw at least 8 homes flying either Trump or Biden flags. Is it legal to fly a political flag on a home located in a homeowners association? I.B. …
Use of Easements Limited by Intent
Q: My homeowners’ association has maintenance access easements over certain areas across the lots adjacent to a pond. Does this mean that all homeowners’ association owners/members are allowed to walk over these access easements to access the pond? (D.P., via …
Limits on Amending Rental Rights
Q: I live in a condominium and want to know if there is a state statute that limits the number of units that can be rented in a condominium or can the owners establish such a limit? (R.B., via e-mail) …
Court Finds Short-Term Rentals Violate Deed Restriction
The current economic climate combined with COVID-related migration has many homeowners exploring the revenue generating options of their properties, which can put them at odds with a community association’s mission to cultivate residential harmony and lead to legal proceedings.
Becker Shareholder …
New Laws
New F.S. 718.129, 719.131, and 720.318 provide that an association may not prohibit parking a law enforcement vehicle where the officer has a right to park.
F.S. 760.27 provides that a person seeking an emotional support animal must provide certain supporting …
Navigate the Claims Process Successfully
Navigating an insurance claim after a significant loss can be frustrating, costly, and time consuming. Associations have an obligation to cooperate with their insurance company fully and completely during the claims process, even in the most daunting of circumstances. Failure to …
Distinguishing Between Statutory and Non-statutory Reserves Under the Florida Homeowners’ Association Act
Considering the fiduciary responsibilities officers and directors have to the homeowners’ association’s members, it is important to understand not only the importance of including reserve accounts in an association’s budget, but also to understand when reserve funding is mandatory under the …
Phony Parking Violation Letters in Condominiums
Condominium living has its advantages and challenges – one such challenge is often parking. Today, people move into these communities with several vehicles in tow and in condominiums, there is limited space in the parking garages and parking areas for …
Homeowners’ Association Documents Should Discuss Amendment
Q: My homeowners’ association is considering amendments to its governing documents. A question has come up concerning what membership vote is required to amend the documents. Can you please advise? (G.R., via e-mail)
A: There is …