The word “immunity” can conjure up many feelings, especially after living through the past few years of COVID-19. This is somewhat ironic because a different type of immunity became a flashpoint for community associations during the pandemic – tort immunity. Tort immunity is a legal theory that provides, in certain […]
As the holiday season approaches, it is a good time for associations to consider its authority regarding outdoor holiday decorations. Every community is different, and opinions vary about when the holiday decorations should be put up and “how much” is “too much.” Some people want to start decorating for the […]
When faced with a reoccurring issue in a condominium, the Board of the Directors may want to consider implementing a restriction as a long term solution to the problem. For example, after increasing complaints of loud music at late hours, the Board of Directors may consider a restriction as to […]
Section 720.3045, Florida Statutes was created during the recent legislative session as part of House Bill 437. This section prevents associations from restricting the installation, display and storage of “any item” on a parcel that is not visible from the parcel’s frontage or an adjacent parcel, unless same are prohibited […]
What if there is a leak in the unit; whose insurance covers the damage? There are usually three parties to this type of situation: 1) the owner who caused the leak; 2) the other owners damaged by the leak; and 3) the Association. All three parties should put their insurance […]
