Q: What homeowners’ association activity is allowed within “access easements” and “lake maintenance easements?” We own the title to our lots but these easements against our property are set forth in our documents. Does this give the association or …
Penalties for Financial Reporting Violations
In 2018, the Florida Legislature revised a provision within the Condominium Act concerning financial reporting. Specifically, if a condominium association fails to comply with a request from the Division of Condominiums, Timeshares and Mobile Homes (the “Division”) regarding providing a …
Performing Rights for Organizations and Associations
So your community association has survived Hurricane Irma and completed all the repairs. In celebration of this milestone, the association decided to hold a community wide cookout with live music. The celebration was a success and thoroughly enjoyed by everyone. …
Avoiding Defense of Selective Enforcement
A common defense raised by owners who find themselves on the wrong side of a covenant enforcement action is to allege an association’s failure to enforce the covenant at issue against all violators and instead only selectively enforcing it. The …
Estoppel Certificates
Some associations are still not complying with the new laws on Estoppel Certificates which is required of condominiums, cooperatives, and homeowners associations. Prior to July 1, 2017, you only had to provide the prospective purchaser with information about the monies …
Associations Concerned with Proposed Development
South Florida is growing. Just look at the skyline in any reasonable-sized municipality, and you’re bound to see cranes, new condos, strip malls, and housing developments. While development can be beneficial and add tax revenue, the concerns of the existing …
Complaint Against Neighbor Not Confidential
Q: I recently wrote a letter to the board of directors of my condominium association complaining about constant noise from my neighbor. I then learned that my neighbor was given a copy of the letter. Isn’t this supposed to …
Hurricane Insurance Claims for Condominium Associations
There is a lot of information on how associations can prepare for hurricanes but much less information as to what happens after the hurricane, particularly as it pertains to insurance claims. A question that managers and board members need to …
Rental Violations Can Be Frustrating
Q: Our condominium has a three month minimum rental term. However, there seem to be people coming and going all the time, often bringing suitcases like they are checking into a hotel. I know of at least one case …
Estoppel Certificates Explained
Q: Our small condominium is self-managed. We recently received a letter from a title insurance company telling us we are required to give them an “estoppel letter” within the next ten days. No one on our board knows what …