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The ABC’s – Alcohol Sales, BYOB, and Related Considerations

04.28.2022
Kathleen “Katie” O. Berkey, AICP

Does your association include facilities that serve and sell alcohol? Is the association property zoned to permit alcohol-related uses? Does your association hold any alcoholic beverage licenses from the Florida Department of Business and Professional Regulation’s Division of Alcohol Beverages and Tobacco (“Division”) and corresponding local government approvals and, if […]

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

Statutory Meeting Requirements

04.28.2022
Joseph Arena

Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency. One way that association activities are made transparent is through statutory provisions requiring most kinds of meetings to be open and noticed to the membership. In fact, applicable laws governing the operation of condominium and […]

Areas of Focus: Condo, Co-Op & HOA, 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

“Director Compensation: Do I Get Paid for This?” – Naples Daily News

04.16.2022
Jennifer L. Biletnikoff

Q:  I am considering running for the board of my condominium association. However, there is a lot of work involved in being on the Board. It can be a thankless position, which discourages many owners from volunteering. Can we compensate the members of the board as a way to encourage […]

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