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Fiduciary Relationship and the Business Judgment Rule

10.27.2023
Joseph Arena

Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association and to refrain from obtaining or accepting personal benefits at […]

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

2022 Hurricane Nicole Permit Extension Opportunity Extended Further

10.25.2023
Kathleen “Katie” O. Berkey, AICP

Property owners, developers, construction industry professionals, and other permit- and authorization-holders may have even more opportunities for further extensions due to Hurricane Nicole in 2022. The following provides an overview of the permit extensions available under law, including what gives rise to the extensions, the types of permits and authorizations […]

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

Are Those Under Age 18 a Protected Class?

09.27.2023
Michael O. Dermody

In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering that various rules regulating or prohibiting use of the association’s […]

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

Navigating the Complex World of HOA Architectural Control

09.27.2023
Joseph Arena

What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members? In the case, Young v. Tortoise Island Homeowners Association, Inc., the court reasoned that, in the absence of an existing pattern or scheme of architecture which puts […]

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

Backyard Storage Woes: Does the New Backyard Storage Statute Apply to Your Homeowners Association?

09.18.2023
Bryony G. Swift

While there has been a lot of buzz about changes made in the 2023 Florida Legislative Session to laws affecting our Association clients, one potentially important change has been largely overlooked. The seemingly innocuous flag bill – House Bill (HB) 437 — creates the new Florida Statute 720.3045 prohibiting homeowners’ associations from […]

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