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Tag Archives CUP

#MeToo – What is Old is New

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You have to be living under a rock if you have not heard of the #MeToo movement.  Although stories of sexual harassment in the workplace are nothing new and the law prohibiting sexual harassment has been around for almost 30 …

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The Subrogation Situation

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With increasing frequency, insurance companies that provide unit owner insurance are suing community associations to recover payments made to the unit owner that are related to water leaks in the unit. The problem with these lawsuits is two-fold. First, the …

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Penalties for Financial Reporting Violations

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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 …

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Performing Rights for Organizations and Associations

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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. …

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Avoiding Defense of Selective Enforcement

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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 …

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Estoppel Certificates

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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 …

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Why Do They Need a Key to My Unit???

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“Every man may justly consider his home his castle and himself as the king thereof; nonetheless his sovereign fiat to use his property as he pleases must yield, at least in degree, where ownership is in common or cooperation with …

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Banning Guests from a Gated Community

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Some communities have guests who are regular guests of an owner or tenant and violate the governing documents, or sometimes even violate the law by committing criminal acts. In such situations, gated communities, which have a guard 24/7 and can …

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Can a Condo Board Meet Behind Closed Doors?

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Yes, as a matter of fact, it is legal for a condominium association board to hold a closed board meeting, but only in certain circumstances. Section 718.112(2)(c)3, of the Florida Condominium Act, allows the board to hold a closed board …

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Those Pesky Little White Balls

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Living in a golf course community is the ultimate dream for many. However, a golf course address can equate to some rather nightmarish liability issues for many community associations. Those issues often stem from misdirected golf swings or “errant” shots. …

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