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Tag Archives Damages

What to Do When a Vendor Damages Association Property

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Service providers often cause property damage in community associations. Imagine a furniture delivery driver in a rush to make his next appointment, clipping your community’s security gate and taking a portion of it down the road, or a garbage truck …

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Term Limits in Bylaws Trump Statute

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Q: I am writing regarding your recent series of articles on the new condominium legislation.
You have stated that the new law imposes term limits of eight years. Our current bylaws impose
a …

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Associations Should Proceed with Caution After Storm

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Three weeks after Hurricane Irma, power and communications have been restored to most areas. Associations have had time to address their property damage, although under very difficult circumstances, including extended periods of being without electricity. By now, the following list …

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Special Assessments May Provide Insured Cash Flow After Storm

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Two weeks ago today, Hurricane Irma tore through in Southwest Florida. All things considered, it could have certainly been much worse. However, it was as bad as it gets for those who lost their lives, and some communities suffered relatively …

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Golf Balls and Windows in Florida HOAs

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Question: My home is located near the tee box of the first hole of a local golf course.  Periodically (but very infrequently) an errant golf ball strikes my house.  Two weeks ago a particularly bad golfer sent a …

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Incidental Damages, Who Pays?

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Certainly, if the association is negligent in performing its maintenance and such negligence causes damage to the owner’s unit or personal property, the association is liable for the damage. But, what about situations where the association must cut into unit ceilings, floors or walls to repair common element pipes? The resulting damage is not the result of negligence in these instances. But is it fair for the unit owners to pay for the repairs when they had nothing to do with causing the damage?

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