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“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

“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

“Community Associations Can Sink or Swim Based on Their Rules and Regulations Related to Children and Swim Diapers” – FLCAJ

04.21.2022
JoAnn Nesta Burnett

In January 2022 a Florida couple, Jack and Simone Yeager, who own a home in a Boynton Beach country club, in conjunction with their adult son, David Yeager, and his wife, Nicole Fisher, filed a lawsuit against a South Florida property owners association for allegedly discriminating against them based upon […]

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