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Category: Florida Condo & HOA Law Blog

Fiduciary Relationship and the Business Judgment Rule

10.27.2023
Joseph Arena

Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association and to refrain from obtaining or accepting personal benefits at […]

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

Community Update – September 2023

09.30.2023
Joseph E. AdamsJoseph ArenaDonna DiMaggio BergerMichael O. DermodyKenneth S. DirektorMark D. FriedmanMary R. HawkSanjay KurianJay RobertsGary C. RosenBryony G. Swift

Fall is officially here which means busy season is upon us. This month, we spotlight timely articles to help your board succeed in the coming months. Our featured articles explore various topics from board term limits and upgrading your documents to reserves and special assessments. Don’t miss our newest episode […]

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

Are Those Under Age 18 a Protected Class?

09.27.2023
Michael O. Dermody

In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering that various rules regulating or prohibiting use of the association’s […]

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

Navigating the Complex World of HOA Architectural Control

09.27.2023
Joseph Arena

What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members? In the case, Young v. Tortoise Island Homeowners Association, Inc., the court reasoned that, in the absence of an existing pattern or scheme of architecture which puts […]

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