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Category: FCAP Managers Report

“Impact of 2022 Legislative Summary on Community Associations” – FCAP Managers Report

05.17.2022
Steven H. Mezer

The 2022 session of the Florida Legislature was statistically slightly above average with 1700 bills considered in its 60-day session. A total of 238 bills were passed by both houses and will be presented to the governor for his signature. Thirty bills were filed that could have impacted community associations. […]

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

“2022 Community Association Legislation – What Happened?” – FCAP Managers Report

05.11.2022
Howard J. Perl

After the Surfside tragedy, everyone wanted to know how such a tragedy could happen and what steps could be taken to avoid similar incidents in the future. What caused the collapse? Could it have been avoided? Why were repairs not made? Why did local governments allow repairs to drag on? […]

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

“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