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“Switching Hats: Can a Lawyer Who Represents an Association also Serve as a Member of the Client’s Board of Directors?” – FCAP Managers Report

04.01.2022
Karyan San Martano

The short answer: there is no express prohibition against this, but it’s complicated and not recommended for either the association or the lawyer. There are several ethical issues that arise due to the lawyer’s duties to the entity as its counsel, fiduciary duties to the entity as a director, and […]

Areas of Focus: Condo, Co-Op & HOA, Florida Community Association

“Board Member Tidbits” – FCAP Managers Report

03.02.2022
Howard J. Perl

For this article, I thought I would jump around and discuss various items regarding board members, board meetings and a few association operational issues that keep popping up as questions and issues. Board member certification. Let’s start with the board member certification requirement, which applies to condominiums, homeowner associations and […]

Areas of Focus: Condo, Co-Op & HOA, Florida Community Association

“‘Drawing a Line in the Sand’ by Reviving Previously Unenforced Restrictions” – FCAP Managers Report

01.04.2022
Karyan San Martano

The previous boards failed to enforce the parking restrictions in the community, and now parking has become a nightmare. The new board would like to remedy the solution, but can the board begin to enforce a restriction that has not been enforced in the past? Generally, the association may lose […]

Areas of Focus: Condo, Co-Op & HOA, Florida Community Association

“Attention to Detail” – FCAP Managers Report

12.07.2021
Howard J. Perl

Attention to detail. A simple phrase that’s not always so simple to comply with, especially in a community association context. There are several technical provisions in the statutes governing community associations that must be complied with. Chapters 607, 617, 718, 719, and 720, Florida Statutes have numerous requirements that associations […]

Areas of Focus: Condo, Co-Op & HOA, Florida Community Association

“Limited Common Elements: What Are They and Who Is Responsible?” – FCAP Managers Report

11.01.2021
Karyan San Martano

Condominiums generally consist of the following two components: 1) the units that are subject to exclusive ownership by one or more persons, and 2) the common elements, which are any areas not included within the unit boundaries. Unit owners, in addition to the exclusive ownership of their units, also own […]

Areas of Focus: Condo, Co-Op & HOA, Florida Community Association