Re-charging your Association!…what should an Association do about electric vehicles…
Let’s Get Down to Businesses
Short Term Rentals - Long Term Problems
Criminal Sections For Rogue Associations
Condominium Associations in Florida are run by Volunteers who for the most part are individuals who have no criminal intent while performing their Association duties. According to the Final Report of the Miami-Dade County Grand Jury filed February 6, 2017, Condominium Associations and Management Companies have criminal tendencies. The Grand Jury claims the Department of Business and Professional Regulations are not coming down hard enough or the existing Condo laws and regulations lack “teeth” to keep these rogue Associations and/or Management Companies in check.
Alligators, Coyotes and Black Bears. Oh My! How Your Community’s Liability Is Changing
Here in Florida, we have plenty of wild animals to be concerned with: black bears, alligators, snakes, in some parts of the state, wild boar, crocodiles, and bobcats, and now becoming ever more common, even in urban areas, we have coyotes. Recent trends in the law are seemingly increasing the risk of liability to community association for the acts of wild animals.
Use of Terms and Conditions in Purchase Agreements
Attorneys and REALTOR®s have sought to produce standardize contracts for the sale and purchase of real estate ever since I can remember. I have personally witnessed the evolution of these contracts over the past forty (40)+ years. What began for me back in 1974 as a four (4) page residential contract has grown into a thirteen (13) page residential contract (see attached).
Choose your own adventure! How your HOA may be conducting its annual elections improperly…
Around this time every year, most of our Homeowners Association (HOA) clients are readying themselves for their annual meeting, including the election of the next year’s Board members. Under current Florida law, there is minimal statutory guidance for Homeowners Associations as to how an HOA is required to conduct their election of Board members. This stands in stark contrast to the rules governing the election of Board members in a condominium association, which are heavily regulated by statute, as well as state administrative agencies. For most HOAs, the association is simply to follow the election requirements as set forth in the association’s governing documents, within minimal statutory guidelines.
The Struggle of Notifying Out-of-State Condominium Owners
As 2016 comes to an end, Condominium Associations find themselves sending out mandatory notices to Owners regarding budget proposals, declaration amendments, changes to monthly assessments, etc. But what if, as with many of Florida’s condominium owners, a unit Owner lives out of state? Does every notice from the Association have to be sent to the unit Owner’s out of state address?
Chapter 718 of the Florida Statutes explicitly states that official notice of meetings and all other purposes must be mailed to each unit owner at the address last furnished to the association by the unit owner. The statute does allow hand delivery of notices; however, this is a risky tactic on behalf of the Condominium Association as it may be difficult in the future to prove that the notice was actually delivered. The statute also allows Condominium Associations to send notices via e-mail; but only if the Condominium Owner provides written consent for such action (Associations make sure you retain this written consent in your records!).
Single Family Residential Use Restriction What it Means, What it Prohibits
The term “single family” has been interpreted to mean multiple if not numerous things. In fact, the term may encompass a group of unrelated individuals living as a single household unit. Similarly, a religious group may qualify as a single family. As such, the term is not even necessarily limited to an individual and his or her significant other. Consequently, single family restrictions within associations’ governing documents may have little or no teeth with which to restrict who and/or how many individuals can reside within a unit. In fact, this development has severely, if not completely, undermined the ability of associations to use the “single family” use restriction(s) found within their documents to prohibit a multitude of activities.
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