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Tag Archives CUP

Medical Marijuana and Your Florida Community

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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 …

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What’s New With Official Records?

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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 …

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

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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 …

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The Association Foreclosed On A Delinquent Owner. Is The Mortgagee Entitled To The Rental Income?

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Condominium and Homeowner Associations are never anxious to take on properties abandoned by owners.  Yet with the mortgage crisis many properties were left vacant for years.  In the interim, unpaid assessments continued to accrue and the properties were ripe for …

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Borrowing Money

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As buildings age, repairs become necessary.  For associations that have not funded reserves, money will be in short supply, leaving two possible options depending on what is permitted under your governing documents:  special assess and/or borrow money from a bank. …

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MyCondoNeedsAWebsite.com

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In less than a year, condominium associations with 150 or more units (that do not manage a timeshare) will be required to have a website for the purpose of posting digital copies of certain official records so members can access …

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Engineered Life Safety System (ELSS) Lobbying Initiative

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 For the 2018 Legislative Session, Becker & Poliakoff’s Community Association Leadership Lobby’s (CALL) will once again tackle the thorny issue of older Florida high-rises that have previously opted out of sprinkler systems still being required to retrofit with …

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This Is The End. . . Or Is It?: Retroactive Application Of The Amendments To The Condominium Act Relating To Termination

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In some instances, unit owners in a condominium association may collectively decide that it would be better to “end it all” and terminate the condominium rather than continue on with the condominium form of ownership. Perhaps the owners in an …

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Responsibility For Repairs After A Hurricane Or Storm

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Given the especially active and devastating 2018 hurricane season, it is helpful to remember how condominium associations should proceed with repairs to the condominium property after a hurricane or other storm event. The first determination that must be made is …

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Conflicts of Interest – Is it time for a new Code of Conduct?

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It has always been the obligation of Board members to serve for the benefit of the entire community.  Doing so requires that they carry out their duties in good faith with the care of ordinarily prudent people.  To safeguard and …

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