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Will it Fly? Display of Flags

Russell Klemm | Apr 13, 2021

Several years ago, a few Homeowners Associations, located in south Florida, brought legal actions against Association members, one of whom was a veteran, to prohibit the flying of United States flags on the homeowner’s/veteran’s property. Continue reading

What is Mediation?

Alan Schwartzseid | Mar 11, 2021

Mediation can be a game-changing event in the course of a legal dispute. It can take place at any stage of the dispute, but is frequently required before certain actions can be taken. For example, it must be offered pre-suit in certain Florida Homeowners Association disputes (F.S. § 720.311),… Continue reading

Is Your Website ADA Compliant?

Neal McCulloh | Mar 11, 2021

Unfortunately, the risks to associations continue to escalate. As many of you are aware, associations often can be at risk for violations of the Fair Housing Act, as well as the Americans with Disabilities Act (ADA). One of the issues that seems to be emerging deals with the risk associated with… Continue reading

About Those Community Entrance Security Cameras

Alan Schwartzseid | Mar 11, 2021

Installing security cameras at community entrances, or elsewhere within the community, may sound like an excellent idea – it could deter nefarious acts, assist in determining who is causing problems, and create evidence of bad acts. Community association directors may, however, be unaware that it… Continue reading

Voting in a Virtual World

Clayton & McCulloh | Mar 11, 2021

If you are like most Americans at this moment, voting is at the top of your mind. While most local governments have not instituted electronic or online voting for governmental elections, Florida law does allow community associations, specifically including condominiums and homeowners associations,… Continue reading

I Want a Refund!

Alan Schwartzseid | May 11, 2020

We have recently seen an increase of owners demanding a reduction of periodic (“regular”) assessments, due to Coronavirus/COVID-19-related closures or limited use of common areas/amenities (e.g., pools, gyms, clubhouses, etc.). These requests imply that the association should not seek the amounts… Continue reading

Should Associations Re-Open?

Neal McCulloh | May 04, 2020

As most of you are probably aware, the Governor has issued a new Executive Order implementing the Phase 1 Plan to Re-Open Florida. We are extremely concerned that numerous individuals and various associations may believe that this constitutes a carte-blanche to open up their common property despite… Continue reading

Should We Cease Collecting, Given The Coronavirus

Neal McCulloh | Mar 27, 2020

Given that our Governor has decreed a State of Emergency for the State of Florida and given the devastating economic impact this virus has caused, many Associations may feel compelled to try to help their Members by ceasing or delaying their collection efforts. As you know, collections are the… Continue reading