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“Q&A: In Wake of APMS Investigation, Southwest Florida HOA Attorney Explains How To Avoid Fraud,” News-Press

05.19.2022
James Robert Caves, III

Community associations are not immune from fraud on the part of employees, members, or contractors. In a Q&A with News-Press, Becker Shareholder Rob Caves went into detail about what community associations can do to identify and protect against fraud. Topics covered include: The kinds of fraud and financial mismanagement that […]

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

“COVID Lingers/So Do Legal Questions” – News-Press

05.16.2022
Joseph E. Adams

Q: Now that we are no longer under the COVID state of emergency in Florida, can a homeowners’ association hold “Zoom only” board meetings or are they required to have an announced meeting venue where owners can attend in person? (C.J., via e-mail) A: While your question is simple enough, […]

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

“Should Board Members Be Paid?” – News-Press

05.09.2022
Joseph E. Adams

Q: Is a condominium association permitted to pay the members of the board of directors? Board members spend a lot of time and energy in a thankless job. It only seems fair that they should get some benefit for all the effort. (M.S., via e-mail) A: Section 718.112(2)(a)1 of the […]

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

“Management Company Conflict of Interest Questioned” – News-Press

05.02.2022
Joseph E. Adams

Q: Can the president of a condominium association also be an owner of the property management company that represents the association or is that a conflict of interest? (K.R., via e-mail) A: The facts you describe create a rebuttable presumption of a conflict of interest, because the president of the […]

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

“Right to See HOA Records Process Questioned” – News-Press

04.18.2022
Joseph E. Adams

Q: I understand that the Florida Homeowners’ Association Act states that if a request to inspect records is sent by certified mail and the association fails to make their records available within 10 business days, the statute imposes a rebuttable presumption that the association willfully failed to comply with the […]

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