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Director Elections in HOAs (i.e. Welcome to the Wild, Wild West)

02.27.2023
Jennifer L. Biletnikoff

An increasing number of homeowners’ associations are adopting a two-notice, advance-nomination process for electing directors, similar to the election procedures statutorily dictated for condominium associations. Yet with many HOAs still operating with governing documents drafted by the developer, it is not uncommon to hear about situations where an association is […]

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

Lender Questionnaires

02.27.2023
Howard J. Perl

Associations and association managers routinely receive what are referred to as lender questionnaires on a regular basis. A lender questionnaire is usually a request from a bank, lending institution or title company that requests the Association provide information about the community to the lender. Such requested information generally includes request […]

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

Reviving Unenforced Restrictions

01.27.2023
Karyan San Martano

The previous boards failed to enforce the provisions of the Declaration, bylaws, and/or rules and regulations of the community and now whenever the manager tells someone that they are in violation, the response is that the Association allowed this to occur for many years without enforcement. All is not lost. […]

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

The Role of Impartial Committees in Condominium Elections

01.27.2023
Joseph Arena

The focus of this article is on impartial committees for the annual election. This committee tallies the votes that were cast and determines the outcome of the election. If selected in advance of the annual meeting by the Board, the committee may also verify outer envelope information in advance of […]

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