I recently heard a popular estate planning guru boldly make the following statement: “Everyone should have a living revocable trust.” Because of this person’s popularity in social media circles I saw many blind followers respond in ‘knee jerk’ fashion by spending several thousands of dollars to creatively construct living trusts to distribute their assets when they die.

Don’t get me wrong, I’m not opposed to living trusts (sometimes called inter-vivos trusts).They can be helpful estate planning tools. I have created numerous living trusts myself. What I am opposed to are short sighted statements that presume ‘one size to fit all’ no matter what they be.

Unfortunately, many associations must deal with the dilemma of how to respond when an owner is less than cooperative.  Take for instance, an association that has a governing document requiring the association to provide pest control.  What happens when the Unit Owner decides he or she doesn’t want to let the association enter the property to provide this service?

The holidays bring out the festive spirit in many of us. For many Associations, the holidays include lights, statues, decorations, and festive adornments on neighborhood properties. However, as we each have our own opinion as to what is tasteful and appropriate holiday decoration, the holiday season can be a time of contention between HOA’s and residents. While some believe that a simple wreath on the door is sufficient, others put great effort into creating elaborate outdoor holiday decorations. Decorations that may be considered tasteful and festive to some may be viewed as an eye-sore or distraction to others. On occasion, traffic problems may occur when holiday sight-seers come to view particularly elaborate holiday decorations while some other homeowners may leave their festive creations up until February or March. This creates issues within the community and can lead to bad blood, Covenant Violations, or even lawsuits.

The Florida Condominium Act requires that notice of all Board Meetings specifically identify the agenda items and be posted conspicuously on the condominium property for at least 48 continuous hours before the meeting, except for in the case of an emergency.  Additionally, if the Board Meeting is to consider a non-emergency special assessment, the association budget, insurance deductibles or amendments to rules regarding unit use, the written notice must be mailed, delivered or electronically transmitted to the unit owners and posted on the condominium property conspicuously at least fourteen (14) days before the meeting.  However, a Condominium Association should always check its bylaws to determine if there are more stringent or additional notice requirements for these types of meetings.

If you are a member of a Community Association in Florida (a Condominium Association, Cooperative Association, or Homeowners Association), then you have the absolute right to access your Association’s “Official Records.”

Florida Statutes (§718.111 for Condominiums, §719.104 for Co-ops, and §720.303 for Homeowners Associations) provide that a member of an Association has a right to have the Association’s Official Records made available to the member, upon the member submitting a written request for access.

Does your homeowners association conduct nominations from the floor at its annual election?  Recent changes to the Florida Statutes governing homeowners associations have given some associations the right to choose to forego nominations from the floor as a part of that association’s annual elections process.  But, before your association decides to take this important step out of its annual election process, you should make sure that your documents are analyzed for compliance with the statutory requirements for this action. 

As if our communities hadn’t suffered enough during this long mortgage crisis, we are just now starting to come to grips with the reality that our neighbors may not be who we thought they were.

I’m not talking aliens out of a M. Night Shyamalan or Steven Spielberg movie.  I’m talking squatters.  Squatters are occupants of properties which do not have a record ownership interest in the property, a valid lease nor are they even permitted to be on the property by the owner.  Usually, squatters have scoped out a habitable property, abandoned by the lawful owner after the owner has defaulted on the mortgage, and they move in and set up house.  They are usually able to get the utilities turned on by simply claiming to have a lease or showing a fake lease to the utility company and paying a nominal deposit.  So long as the lawful owner’s lender delays its mortgage foreclosure, squatters will occupy the property.  And rarely do owners who have abandoned their former homes care who or what happens to the property.