Tips for Hiring Contractors

08 Dec 2022 in
In the aftermath of the recent hurricane season, many Associations will be faced with hiring one or more construction contractors, contractors for remediation or contractors for other Association work. If your Association is faced with choosing and retaining a Contractor or other vendor, hiring the wrong Contractor can be costly or problematic for the Association.

Commercial Vehicle Restrictions: The Good, The Bad and The Ugly

18 Nov 2022 in
Many individuals believe that commercial vehicles, or at least certain types of commercial vehicles, hurt property values and negatively affect a community’s desirability. Of course, the type of commercial vehicles a community may want to prohibit or restrict may vary significantly. By way of example, where one community may want to prohibit 18-wheelers, another community may want to prohibit any vehicle with signage thereon, while another community may want to restrict various types of vehicles of a certain size, weight, appearance, function, etc. Ultimately, we must acknowledge that restrictions on commercial vehicles, if not the prohibition of commercial vehicles altogether is extremely common in Declarations, if not the norm. Moreover, as additional developments come online, it appears that more and more covenants and restrictions limit and restrict, if not completely prohibit, commercial vehicles from communities.

Commercial Vehicle Restrictions: The Good, The Bad and The Ugly

18 Nov 2022 in
Many individuals believe that commercial vehicles, or at least certain types of commercial vehicles, hurt property values and negatively affect a community’s desirability. Of course, the type of commercial vehicles a community may want to prohibit or restrict may vary significantly. By way of example, where one community may want to prohibit 18-wheelers, another community may want to prohibit any vehicle with signage thereon, while another community may want to restrict various types of vehicles of a certain size, weight, appearance, function, etc. Ultimately, we must acknowledge that restrictions on commercial vehicles, if not the prohibition of commercial vehicles altogether is extremely common in Declarations, if not the norm. Moreover, as additional developments come online, it appears that more and more covenants and restrictions limit and restrict, if not completely prohibit, commercial vehicles from communities.

Commercial Vehicle Restrictions: The Good, The Bad and The Ugly

18 Nov 2022 in
Many individuals believe that commercial vehicles, or at least certain types of commercial vehicles, hurt property values and negatively affect a community’s desirability. Of course, the type of commercial vehicles a community may want to prohibit or restrict may vary significantly. By way of example, where one community may want to prohibit 18-wheelers, another community may want to prohibit any vehicle with signage thereon, while another community may want to restrict various types of vehicles of a certain size, weight, appearance, function, etc. Ultimately, we must acknowledge that restrictions on commercial vehicles, if not the prohibition of commercial vehicles altogether is extremely common in Declarations, if not the norm. Moreover, as additional developments come online, it appears that more and more covenants and restrictions limit and restrict, if not completely prohibit, commercial vehicles from communities.

You Didn’t Timely File Your Corporate Report??

19 Aug 2022 in
So, what happens when your Association doesn’t submit it’s filed annual report on time? Short answer: nothing good. As you likely know, filing a corporate report each year with the Florida Department of Corporations is a statutory requirement – regardless of what type of Association you are.

FREE MONEY FOR THE ASSOCIATION AND LOTS OF IT!!!

10 Aug 2022 in
Does your association’s Governing Documents (e.g., its Declaration) require future purchasers of Lots and/or Units within your community, upon closing, to pay the association a capital contribution? If not, you’re losing out on free money.

Explosive Situations - Can My Association Restrict Fireworks?

24 Jun 2022 in
Many of our Fourth of July festivities will include friends and family, barbecues, and fireworks. Although many attend fireworks celebrations hosted in the community, many of us also love smaller-scale fireworks events in our neighborhoods and driveways. This begs, the question: what can and can't our Homeowners' Association restrict regarding fireworks this upcoming Fourth of July?

Don’t let your control go bye-bye

14 Jun 2022 in
Given their age, many Florida community associations are (often unknowingly) allowing their covenants to expire. Unfortunately not all such communities choose to use an attorney, or at least one whose procedures include notifying associations in advance that their covenants will expire under the Florida Marketable Record Title Act (“MRTA”). That expiration customarily (but not necessarily) occurs 30 years after the date the Declaration of Covenants was first recorded in the County Public Records. Avoiding this expiration is crucial; covenants cease to be enforceable once they expire, and remain unenforceable until they are “revitalized” through a fairly costly and time-consuming process. Essentially, the association has no covenants to enforce once they expire.

Covenants - How Past Requirements Can Affect Future Owners

06 May 2022 in
The recent Florida Supreme Court ruling in Hayslip v. U.S. Home Corporation, Case No. SC19-1371 (January 22, 2022) should make property owners seriously consider using counsel who is well-versed in title issues, to review the original deed transferring their property from the builder to the original owner, and all subsequent deeds in the chain of title, as part of their property purchase. Specifically, this recent case held that if any of those deeds contain provisions that bind the property, they remain effective against new owners, even if those new owners were unaware or these “covenants running with the land,” and even if the covenant is not mentioned in the last several deeds. This also impacts our firm’s Community Association clientele, insofar as the Association could otherwise unwittingly take title to a property through foreclosure or deed in lieu thereof, without knowing it is subject to these covenants and must comply with them or seek to eliminate them.

2022 Mini Legal Update

Join our legal beagle, Russ Klemm, at 6:00 p.m. on Tuesday, June 16th for our 2022 Mini Legal Update webinar and discover what laws (if any)were signed inro law that affects community associations.  Also find out what issues may be building as we speak that might come up in the next session.  Plenty of time to ask questions and pre-submitted questions.