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When faced with a reoccurring issue in a condominium, the Board of the Directors may want to consider implementing a restriction as a long term solution to the problem. For example, after increasing complaints of loud music at late hours, …
Section 720.3045, Florida Statutes was created during the recent legislative session as part of House Bill 437. This section prevents associations from restricting the installation, display and storage of “any item” on a parcel that is not visible from the …
What if there is a leak in the unit; whose insurance covers the damage?
There are usually three parties to this type of situation: 1) the owner who caused the leak; 2) the other owners damaged by the …
Can a non-owner be a Board member in a Condominium?
Every year this question comes up in one form or another. In some cases, it is a spouse who is not on the deed who wants to be …
Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association …
In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering …
What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members?
In the case, Young v. Tortoise Island Homeowners Association, Inc., the court …
In 1968 the Federal Fair Housing Act (also known as Title VIII of the Civil Rights Act) was enacted to prohibit discrimination based on race, color, religion, sex, or national origin. Subsequently, in 1988 the Act was amended to add …
The Marketable Record Title Act’s (MRTA) purpose is to extinguish old interests and use restrictions on lands and to allow for land sales to be completed more easily and with less expense. Unfortunately, aged homeowners’ association covenants are amongst the …
If you are living in a homeowners association you probably know that the Association cannot prohibit the installation of solar panels (or “solar collectors”). But what about a request to install such devices on the roof of a condominium? Section …
