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Tag Archives Maintenance

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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Services Not Required for ‘55 and Over’ Communities

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Q: Some in our homeowners’ association argue we need not offer any amenities like a swimming pool, tennis court, bocce ball, bingo, community dinners, etc., in order to maintain our “55 and over” status. Others say we must have …

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“Vaping” Rules Questioned

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Q: We have a few people who “vape” at the swimming pool at our condominium. I complained to one of them once as the fumes were blowing in my direction. They pointed to the “No Smoking” sign posted at …

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Managing Government Approval for Community Repairs and Improvements

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Do you live in a community that is planning repairs or improvements? You may not be aware, but it is often the case that in order to legally proceed you must obtain local government approval through the Planning & Zoning …

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Can My Condominium Association Remove Palm Trees?

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Question: Our condo board wants to remove 44 mature Foxtail palms that shade the courtyards of our 22 coach home buildings. They claim their roots threaten the sidewalk pavers, but there are low cost solutions to address that …

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Community Update, Volume 5, 2014

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Our legislative town halls have provided active community leaders with insights into the new laws that impact community association operations. Over 100 people attended the session held in Fort Lauderdale where the panel consisted of no less than six (6) …

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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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Covenant Enforcement is an Option for Property Owners

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A reader recently posted the following inquiry to this site:

I live in a community in which the HOA documents are not being enforced, for instance most every homeowner in the community except for about 40 out …

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