Q: I understand that the Florida Homeowners’ Association Act states that if a request to inspect records is sent by certified mail and the association fails to make their records available within 10 business days, the statute imposes a …
Director Compensation: Do I Get Paid for This?
Q: I am considering running for the board of my condominium association. However, there is a lot of work involved in being on the Board. It can be a thankless position, which discourages many owners from volunteering. Can we …
The Current Crisis with Florida’s Real Property Insurance with Andrea Northrup, Vice President of Insurance Office of America (Part 1)
Florida’s current property insurance is in crisis, and it’s one that has been years in the making. The pendulum has swung in a direction that is not advantageous for homeowners’ associations, and many may be faced with difficult decisions.
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Absentee Directors A Concern
Q: Our condominium board president has filled vacancies with “snowbirds” that are not here for most of the year. Does Florida law require their attendance at regular board meetings? Are there any requirements for attending a minimum number of board …
Short Term Rentals A Neighborhood Problem
Q: How can a homeowners’ association regulate owners renting out their houses to short term guests? If the association were to enforce with a penalty, how can it collect on it? (E.H., via e-mail)
A: The place to start …
Top Five Tips When Negotiating a Construction Contract
The following are some general principles that might help you evaluate a construction contract:
- Define the Scope of Work
One of the most important things you can do is define the scope of work. …
Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement
Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents. Where the terms of a covenant are unambiguous, courts will enforce such restrictions. However, it is not uncommon for an owner who …
Community Association Due Process Rights with Respect to Neighboring Developments
If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and …
2022 Legislative Session in Florida Wrap Up with Yeline Goin, Becker & Poliakoff
Many task forces were convened in the aftermath of the Surfside tragedy, including one by the Florida Bar. All of those task forces urged the passage of new laws pertaining to reserve funding and engineering. However, the 2022 Legislative Session …
Bay Holdings, Inc. v. 2000 Island Boulevard Condominium Association, Inc.895 So.2d 1197 (Fla. 3d DCA 2005)
Limitations on the judicial interpretation of statutes is at the heart of THIS CASE. Bay Holdings, Inc. was a wholly owned subsidiary of Bank United FSB. Bank United FSB foreclosed its first mortgage on a condominium unit within 2000 Island …