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.
What's the Damage? Condominium Association Insurance and Hurricanes
28 Sep 2017 inIn 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.
“The times…they are a-changin'…”
18 Sep 2017 inCondo 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.
"How can we stop Animal Abuse?"
09 Aug 2017 inFor most, our animals are treated just like children. They are beloved members of our family. Unfortunately, not everyone treats their animals in such a away. According to the Humane Society of the United States, the most common victims of animal abuse are dogs, cats, horses, and livestock.
"Another Day, Another Battle..."
18 Jul 2017 inAs you may be aware, the Florida legislature approved six bills that directly affect Community Associations in the 2017 legislative session. The governor approved five of these bills, and vetoed one of them. This article will quickly address the three bills that provide the greatest effect on our client Associations, and will give a short summary of how they may affect your Association.
Appeals To A Scheduled Sale
15 Jun 2017 inOur Firm has noticed a substantial increase in the number of appeals being filed against lien foreclosure judgments. Part of this is attributable to the overall decrease of foreclosure matters, and the increase in the number of individuals that cannot reasonably file for bankruptcy to stay a sale (due to the party owning multiple investments, having adequate assets, etc.). A Defendant/Appellant filing an appeal to a lien foreclosure judgment can be a frustrating and infuriating occurrence for an Association.
I Volunteer!
01 May 2017 inVolunteers are the lifeblood of Florida Community Associations. The members of the Board of Directors and officers of Florida Community Associations, as Not-for-Profit Corporations, are, after all, volunteers. An Association must also depend on volunteers to serve on any committees (Architectural Review Committees, Social Committees, etc.) established by the Association. The Association must, however, be careful not to utilize volunteers for matters and tasks that should be performed by licensed professionals or other trained personnel.
Re-charging your Association!…what should an Association do about electric vehicles…
21 Apr 2017 inAs technology increases its influence on daily life, one cannot help but notice the increasing chatter about electric vehicles. While fully-electric vehicles and “plug-in hybrids” represent only a small fraction of the number of vehicles sold each year in the United States, nevertheless, it goes without saying that an association should anticipate a growing interest in this type of vehicle from its residents.
Let’s Get Down to Businesses
10 Apr 2017 inA provision which prohibits all Business and Commercial Operations may prove problematic, as it may seek to prohibit all business and commercial activities (i.e., operations) within a community. Please appreciate that prohibiting business and commercial activities within communities has become more problematic as technology has advanced. In today’s world, countless individuals perform some level of business or commercial activity from their homes. How many of us use our phones and computers on business activities from our homes? Given this fact, do you really want to stop all such activities, or do you only want the outward manifestation of such business and commercial activities to cease? By way of example, while you may want to prohibit an auto repair shop operating within your community, you probably do not want to prohibit someone from using a phone for a business.