Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement

Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents. Where the terms of a covenant are unambiguous, courts will enforce such restrictions. However, it is not uncommon for an owner who has violated the covenants to scramble for defenses to try […]

If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and residents procedural due process, which includes fair notice of the […]

Becker’s Take it to the Board with Donna DiMaggio Berger podcast features a variety of guests including our very own attorneys from across the firm’s practice areas and offices. Check out this month’s “Did You Know” section for more information and to tune in to these insightful episodes that delve into everything […]

The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others. The […]

Before discussing specific issues with Bulk Telecommunications Agreements, it is worth noting that the various community association statutes provide for the authority of associations to enter into bulk communication agreements. Specifically, Section 718.115(1)(d), Florida Statutes, specifically authorizes a Condominium Association to enter into a bulk contract for “communication services,”...