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Tag Archives CUP

Best Practices for the Use of Video Cameras

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If an association undertakes the use of video cameras for its community, it should consider the following issues and measures:

  1. As the Division of Florida Condominiums, Time Shares and Mobile Homes has determined that the installation of …

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Top 10 Manager Dos And Don’ts

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Managers and directors are faced with many decisions while operating and managing community associations. To be effective, it is important to prioritize which issues must be addressed, and in what order, and to be able to determine which matters need …

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Can Anything Be Done About Solar Panels?

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If you are living in an HOA, you probably have heard that the association cannot prohibit the installation of solar panels (or “solar collectors”). A Florida law, F.S. 163.04, provides that any “deed restriction or declaration” or even any “similar …

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The ABC’s – Alcohol Sales, BYOB, and Related Considerations

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Does your association include facilities that serve and sell alcohol? Is the association property zoned to permit alcohol-related uses? Does your association hold any alcoholic beverage licenses from the Florida Department of Business and Professional Regulation’s Division of Alcohol Beverages …

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Statutory Meeting Requirements

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Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency. One way that association activities are made transparent is through statutory provisions requiring most kinds of meetings to be open and noticed to the membership. …

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Top Five Tips When Negotiating a Construction Contract

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The following are some general principles that might help you evaluate a construction contract:

  1. Define the Scope of Work
    One of the most important things you can do is define the scope of work. …

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Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement

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Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents.  Where the terms of a covenant are unambiguous, courts will enforce such restrictions.  However, it is not uncommon for an owner who …

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Community Association Due Process Rights with Respect to Neighboring Developments

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If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and …

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More on the Installation of Security Cameras

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The installation of a security camera on condominium common elements is considered a material alteration or substantial addition to the common elements.  In Sterling Village Condo., Inc. v. Breitenbach, 251 S.2d 685, 687 (Fla. 4th 1971), the court defined “material …

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Tree Maintenance and the Potential Impact of Section 163.045, Florida Statutes

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In general, a community association is responsible for operating and maintaining the common areas of the community (in the case of homeowners’ associations), and the common elements (in the case of condominium associations). If there are trees located on these …

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