The line between what an association’s board can legally do as a matter of law and what the board should do as a matter of good practice and policy is often blurred without any practical guidance available for well-intentioned directors who want to do the very best they can for […]
Category: Article
When a community has an entrance gate, it is almost inevitable that the association will at some point deal with the issue of whether it is responsible for damage to a vehicle which occurred when someone was entering or exiting the gate. The primary question to resolve in assessing liability […]
Who is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway? Florida common law provides that a property owner (owner of the tree) does not owe a duty to remove or trim […]
Florida ended its statewide protections against COVID-19 pandemic related foreclosures on October 1, 2020. However, the federal government has extended a foreclosure moratorium on the foreclosure of certain mortgages through June 30, 2021. The action was taken shortly after President Biden’s inauguration. Federal protections were due to expire in March […]
Q: Is there a legal opinion on the impact of a condominium association’s board term limits due to the emergency declarations and emergency powers granted to association boards? (D.S., via e-mail) A: No. Effective July 1, 2018, the Florida Condominium Act was amended to provide that a board member may […]
