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Category: FCAP Managers Report

“Sunshine Laws for Condominium Associations” – FCAP Managers Report

02.27.2023
Karyan San Martano

Issues generally arise in community associations when there is or appears to be a lack of transparency between the board of directors and the association members. The Florida’s Sunshine in the Government Act, or the “sunshine laws,” require transparency and disclosure in government and business. Although the Florida’s Sunshine in […]

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

“Welcome to the Board: Now What?” – FCAP Managers Report

02.24.2023

So, you’ve been elected or appointed to the board of your association. Now what? First, it is necessary to become familiar with the association’s governing documents (declaration, articles of incorporation, and bylaws) and any written rules and policies. Board members are charged with upholding these documents and policies to the […]

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

“Water Will Come: Get Your Ducks in A Row” – FCAP Managers Report

02.24.2023
David M. Milton

Florida has a well-deserved reputation for many things: world-class theme parks, stunning beaches, and, to the delight of outsiders everywhere, the exploits of the infamous “Florida Man.” We also accept, as an inescapable consequence of living in our state, that we must deal with hurricanes, tropical storms, and regularly scheduled […]

Areas of Focus: Construction Law & Litigation

“Tips, Tricks and Things You Can Mix” – FCAP Managers Report

01.24.2023
Howard J. Perl

Timesavers Proxies and Limited Proxies In condominiums and cooperatives, general proxies are used for establishment of a quorum and limited proxies are used to vote on a particular matter – amendments, waive reserves or financial reporting requirements, etc. In homeowner associations proxies may also be used for elections. Proxies and […]

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

“Can the Board Enforce Restrictions that the Previous Board Failed to Enforce?” – FCAP Managers Report

01.04.2023
Karyan San Martano

The short answer is yes. But not so fast. The correct procedures must be followed. The Board needs to put owners on notice that from this point onward, the restriction that was previously unenforced will now be actively and evenly enforced. This is done through a Board resolution adopted at […]

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