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Tag Archives Community Update

Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected?

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The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without …

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Bulk Telecommunications Contracts

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This Article aims to highlight issues the association should consider when looking to change or enter into a new bulk agreement.

Bulk Agreements and the Law

Before discussing specific issues with Bulk Telecommunications Agreements, …

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More on the Installation of Security Cameras

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The installation of a security camera on condominium common elements is considered a material alteration or substantial addition to the common elements.  In Sterling Village Condo., Inc. v. Breitenbach, 251 S.2d 685, 687 (Fla. 4th 1971), the court defined “material …

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Tree Maintenance and the Potential Impact of Section 163.045, Florida Statutes

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In general, a community association is responsible for operating and maintaining the common areas of the community (in the case of homeowners’ associations), and the common elements (in the case of condominium associations). If there are trees located on these …

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Can You Have Rules Dealing With Children?

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In 1988, Congress added “familial status” – defined as including those family groups with children under 18 – to the list of protected groups under the Fair Housing Act. Since that time, condominium and homeowner associations have been discovering that …

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Designation of Primary Occupant

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Many condominium governing documents require new residents to go through a screening process. Section 718.104(5) of the Florida Condominium Act provides that “[t]he declaration as originally recorded or as amended under the procedures provided therein may include covenants and restrictions …

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