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Tag Archives Maintenance

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

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 common areas/elements, the association’s maintenance duties will include trimming and even the removal of trees …

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Community Update, Volume 5, 2014

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) local legislators. CALL partnered with Biscayne Neighborhood Association, Brickell Homeowners Association, and Downtown Neighbors Alliance …

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Incidental Damages, Who Pays?

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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