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They're After Us! Florida Community Associations Legal Challenges

03 May 2015

Does it seem that your Community Association is wearing a large target, that your community is now, increasingly, the target of law suits?

Florida Community Associations are under fire from both inside and out by individuals and groups who see Community Associations as a “target rich” environment for claims ranging from alleged “Fair Housing” violations to environmental claims to allegations of failing to maintain Association property.

Florida Community Associations may, potentially, be faced with claims based on Federal or State Consumer Collections Statutes, claims which were, in years past, considered “neighbor-to-neighbor” disputes, and a claim alleging the Community Association has failed to maintain the Association’s Common Elements or Common Areas.

How should your community respond? Initially, the Community Association’s insurance agent should be consulted, to verify that there is sufficient insurance coverage (not just “Directors & Officers” coverage), and it may be necessary to expand the level of coverage, and perhaps consider “umbrella” coverage. One thing is certain; Florida Community Associations will increasingly be a prime “target” for litigation for the foreseeable future.