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Heads up! Potential changes to MRTA incoming!

21 Dec 2017

Although the next legislative session has not yet started as of the date of writing (note: starts January 9, 2018), bills affecting community associations are often filed months in advance of the start of the session. We are most closely monitoring, at this time, Senate Bill 266.

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Criminal Sections For Rogue Associations

11 Dec 2017

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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Objection! Enacting Board Rules & Regulations

22 Nov 2017

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

29 Sep 2017
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'…”

18 Sep 2017
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.