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Tag Archives CUP

Emails as Association Official Records

Whether you live in a condominium, cooperative or homeowner association, the Statute governing your community defines the term “official records.” In defining official records, each Statute has a catch-all provision.

All other written records of the association not specifically included in the foregoing which are related to the operation of the …

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Conflicts of Interests – Condominium Service Providers

An association’s officers and directors, along with their family members and anyone who has a financial relationship with the director and/or officer, are completely prohibited from entering into an agreement with the condominium association.

Prior to July 1, 2017, §718.3026(3), Florida Statutes, was the only statute applicable regarding conflicts of interest. It …

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BEWARE: Bankruptcy Do’s and Don’ts

If your Community Association has been spared from bankruptcy in the last decade count yourself lucky.  Bankruptcy, in general, is intended to (1) provide a fresh start for the honest, but unfortunate debtor (delinquent owners), and (2) provide equal treatment of all Creditors (including the Association).  Unfortunately, Bankruptcy has also become a safe haven …

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Is it too soon to start talking about the 2018 Hurricane Season?

No! If Hurricane Irma taught us anything it is that adequate preparation before the storm will go a long way towards addressing issues after the storm.

Now is the time for associations to communicate with its owners about insurance- and liability-related issues. One of the often-confusing areas for many is understanding the …

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Preventing Sexual Harassment in the Community Association Workplace

Sexual harassment is not often thought about in the context of community association law.  The reality, however, is that the number of sexual harassment claims brought against community associations has skyrocketed in recent years, making it imperative that a community association know everything it can about the law to shield itself from these types …

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Medical Marijuana and Your Florida Community

Citizens in the Sunshine State approved Amendment 2, which legalized the use of medical marijuana, by a 71% margin. Florida is expected to log more than $1 billion in medical marijuana sales by 2019, according to a report compiled by marijuana industry analysts New Frontier Data and Arcview Market Research. The full extent of …

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What’s New With Official Records?

The Condominium Act (“The Act”) has a catchall provision which essentially provides that “other written records” related to the operation of a condominium are considered official records of an association.  In 2017, the Act underwent some changes as it pertains to official records and these changes are important to keep in mind to avoid …

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Stopping the Limitations Clock in Bank Foreclosures – Bartram v. U.S. Bank

Associations across Florida have anxiously awaited the Florida Supreme Court’s decision in Bartram v. U.S. Bank Nat. Ass’n, 2016 WL 6538647 (Fla., November 3, 2016).  While the underlying facts in Bartram are somewhat convoluted, the relevant question before the Florida Supreme Court was whether the five (5) year statute …

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