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All Posts By Jay Roberts

Klinow v. Island Court at Boca West Property Owners’ Association, Inc.

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Amending maintenance obligations in a homeowners’ association’s declaration of covenants is at the heart of THIS CASE. In 2007, the Association proposed a beautification project which involved replacing driveways and sidewalks at the owners’ expense. As part of the plan, …

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Coral Lakes Community Association, Inc. v. Busey Bank, N.A.

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What happens to unpaid assessments owed to the association when a first mortgagee forecloses is the subject of Coral Lakes Community Association, Inc. v. Busey Bank, N.A., 30 So.3d. 579 (Fla. 2d DCA 2010). Many of you may have heard …

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Elections Have Consequences

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Your community association is something of a small sub-democracy. In many respects, it runs in a similar manner to representative governments. The owners / members elect leaders for the community (the board of directors), and those leaders make the important …

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Amending Governing Documents Part II – How?

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In Part I of this two-part series, we discussed the importance of amending governing documents. Part II discusses tips on how a board of directors can put itself in the best position to have the proposed amendments approved by the …

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Amending Governing Documents – Part 1 – Why?

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This article is Part I of a two-part series on the vital subject of amending community association governing documents. This article will focus on the common reasons why a community association should consider amending its governing documents.  Part …

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To Notice, or Not to Notice, That Is the Question: Closed Board Meetings

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The answer to the question of whether all board meetings must be properly noticed to the members is YES. Even the emergency powers section of the community association statutes require notice to be given as is practicable.

What …

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Special Assessments in Condo

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Special assessments happen.  The unfortunate reality is that during the life of a condominium building some unexpected expenses are going to arise and the association must take steps to fulfill its obligations to the membership.  If the operating budget cannot …

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Why Do They Need a Key to My Unit???

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“Every man may justly consider his home his castle and himself as the king thereof; nonetheless his sovereign fiat to use his property as he pleases must yield, at least in degree, where ownership is in common or cooperation with …

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