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Tag Archives CUP

E-Notice for Everyone

It is 2019 and e-mail has, for many, replaced the U.S. Postal service and our voicemails. In the community association setting, many boards send their members communications regarding construction projects, newsletters, and simple FYIs via e-mail and members respond in kind. For the most part, this is appreciated. The problem is that many associations are …

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What Notice is Required for a Rule Amendment?

Where a condominium association’s governing documents authorize the board of directors to promulgate rules regulating the use of the units and/or the common elements, it is important, when such rules are amended, that the appropriate notice requirements be met. Under Chapter 718, the Condominium Act, the notice requirements for a rule amendment depend upon the …

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PART III – NO PET COMMUNITY – ¿Recibiste una petición legítima?

Continuamos con el tema de animales para apoyo emocional. Aquí hablamos de peticiones legítimas y las excepciones.

¿Qué sucede en una situación donde la persona que hace la petición le proporciona a la asociación una carta de un psiquiatra declarando que hace tres años él o ella diagnosticó a la persona que está …

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Sea Level Rise: Forewarned is Forearmed

We have all heard the environmentalists’ cry about the Dead Sea shrinking. Water levels are falling at an average rate of three feet per year due to evaporation and human diversion of tributaries. The opposite conundrum – sea level rise – is not occurring quite as rapidly but is equally as concerning.

Sea-level …

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How to Find an Effective Community Association Lawyer

Community association law is an area of practice that has experienced considerable growth in the past few years. As a result, many unqualified lawyers are jumping on the community association bandwagon. Therefore, your board should do its homework before hiring an attorney.

An effective lawyer can be a huge asset to most associations, …

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What’s Up with All This Traffic? The Impact of Neighboring Development on Community Association Roads.

Whether you know it or not, the roads traveling through your subdivision are likely easements created for the purpose of providing ingress/egress access to public streets. And whether you know it or not, those easements may also benefit neighboring properties, giving them access through your subdivision to a point of entry on a public road. …

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Solar Panels & HOAs – Can They Be Restricted?

While solar panels are often considered unsightly, they are a renewable energy device. For an individual home, they must be permitted by a homeowners association. However, they can be regulated. The relevant statute regarding solar panels is Section 163.04, Florida Statutes, which provides that no ordinances or laws can prohibit “the installation of solar collectors, …

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Directors Voting – Dispelling Myths

Every director who sits on the board of a homeowners association gets a voice in the operations of the association.  The questions I receive are more about how that voice is exercised through a vote.  For instance, some directors travel quite a bit, whether for work or play is irrelevant.  The directors however are entitled …

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Special Assessments in Condo

Special assessments happen.  The unfortunate reality is that during the life of a condominium building some unexpected expenses are going to arise and the association must take steps to fulfill its obligations to the membership.  If the operating budget cannot handle these expenses, and there is not a funded reserve account which can dray the …

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