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“Distinguishing Between Statutory and Non-statutory Reserves under the Florida Homeowners’ Association Act” – FCAP Managers Report

10.05.2020
Karyan San Martano

Considering the fiduciary responsibilities officers and directors have to the homeowners’ association’s members, it is important to understand not only the importance of including reserve accounts in an association’s budget, but also to understand when reserve funding is mandatory under the Florida Homeowners’ Association Act. Unlike condominium associations, maintaining fully […]

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

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

09.29.2020
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

“Homeowners’ Association Documents Should Discuss Amendment” – News-Press

09.28.2020
Joseph E. Adams

Q: My homeowners’ association is considering amendments to its governing documents. A question has come up concerning what membership vote is required to amend the documents. Can you please advise? (G.R., via e-mail) A: There is no one size fits all answer concerning what vote is required to amend a […]

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

The COVID-19 Pandemic and Its Effect On Association Collections

09.28.2020
Karl T. Meth

Since the early days in March 2020, the discussion during the COVID-19 pandemic has been about, among other related issues, Stay at Home Executive Orders, closing and then opening businesses, flattening the curve, wearing masks and social distancing. These discussions and decisions are understandable however association collection attorneys, (on a […]

Areas of Focus: Real Estate