Blog

Objection! Enacting Board Rules & Regulations

It is true that after the required notice, boards can generally enact rules & regulations, via a board vote at a duly called board meeting. However, that does not mean such rules and regulations will be valid, binding, effective and enforceable. Determining the validity, effectiveness and enforceability of board adopted rules & regulations depends on various factors.  Moreover, such rules & regulations may have significant limitations.

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What's the Damage? Condominium Association Insurance and Hurricanes

In light of recent hurricane and tornado damages, condominium association Board members have been lighting up our “switchboards” with questions relating to the association’s (and individual unit owners’) responsibilities for property damaged by storm events. The simple answer, in most cases, is found in reviewing Florida Statute 718.111(11), which provides condominium associations with guidance as to their insurance requirements. However, there is a bit of a story as to why the answer is generally statutory, and not driven by directly by the condominium association’s governing documents.

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“The times…they are a-changin'…”

Condo Association Board Members may now face recall without the ability to arbitrate the recall process conducted by owners. In early September, the Florida Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares and Mobile Homes, issued a Final Order of Dismissal in the recall arbitration case of Sunbrook Condominium Association, Inc. v. Unit Owners Voting For Recall. This particular case was the first test of the new changes to Section 718.112(2)(j), which severely limited the right of condominium association Board members to challenge recall efforts by unit owners.

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Civil and Criminal Prosecution of Animal Abuse: How can we stop Animal Abuse?

For most, our animals are treated just like children. They are beloved members of our family. Unfortunately, not everyone treats their animals in such a away. According to the Humane Society of the United States, the most common victims of animal abuse are dogs, cats, horses, and livestock.

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"Another Day, Another Battle..."

As you may be aware, the Florida legislature approved six bills that directly affect Community Associations in the 2017 legislative session. The governor approved five of these bills, and vetoed one of them. This article will quickly address the three bills that provide the greatest effect on our client Associations, and will give a short summary of how they may affect your Association.

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I Volunteer!

Volunteers are the lifeblood of Florida Community Associations. The members of the Board of Directors and officers of Florida Community Associations, as Not-for-Profit Corporations, are, after all, volunteers. An Association must also depend on volunteers to serve on any committees (Architectural Review Committees, Social Committees, etc.) established by the Association. The Association must, however, be careful not to utilize volunteers for matters and tasks that should be performed by licensed professionals or other trained personnel.

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Re-charging your Association!…what should an Association do about electric vehicles…

As technology increases its influence on daily life, one cannot help but notice the increasing chatter about electric vehicles. While fully-electric vehicles and “plug-in hybrids” represent only a small fraction of the number of vehicles sold each year in the United States, nevertheless, it goes without saying that an association should anticipate a growing interest in this type of vehicle from its residents.

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Let’s Get Down to Businesses

A provision which prohibits all Business and Commercial Operations may prove problematic, as it may seek to prohibit all business and commercial activities (i.e., operations) within a community. Please appreciate that prohibiting business and commercial activities within communities has become more problematic as technology has advanced. In today’s world, countless individuals perform some level of business or commercial activity from their homes. How many of us use our phones and computers on business activities from our homes? Given this fact, do you really want to stop all such activities, or do you only want the outward manifestation of such business and commercial activities to cease? By way of example, while you may want to prohibit an auto repair shop operating within your community, you probably do not want to prohibit someone from using a phone for a business.

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Short Term Rentals - Long Term Problems

Most Florida Community Associations have adopted covenants, restrictions or rules and regulations which limit or regulate the rental of the properties within the Community. Often, the rental and leasing restrictions will mandate a minimum rental or lease term (usually at least six months or one year) for the property. An integral part of the rental process, for a Community Association, is the requirement that potential renters, through the property owner, submit a “Lease/Rental Application” to the Association. The application process allows the Board of Directors of the Association to know who the proposed renter is (and how many renters are applying!) and, where permitted, to accept or reject the rental applicant. Where the goal of the Association is to limit or prohibit “transient” renters (rentals on a daily or weekly basis), recent on-line services and trends in booking private residences for hotel-like accommodations have frustrated Community Associations who wish to limit short-term rentals.

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Criminal Sections For Rogue Associations

Condominium Associations in Florida are run by Volunteers who for the most part are individuals who have no criminal intent while performing their Association duties.  According to the Final Report of the Miami-Dade County Grand Jury filed February 6, 2017, Condominium Associations and Management Companies have criminal tendencies.  The Grand Jury claims the Department of Business and Professional Regulations are not coming down hard enough or the existing Condo laws and regulations lack “teeth” to keep these rogue Associations and/or Management Companies in check.

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