Becker & Poliakoff

Community Update – January 2022

Community Update – January 2022

This month, we work through a wide array of issues, from trees to legal documentation, and even speeding tickets. Please feel free to join us at the 2022 CA Day & Trade Show hosted by the Central Florida Chapter of Community Associations Institute on February 11 in Orlando!

In 1988, Congress pulled back some restrictions on the use of common areas by minors. “Can You Have Rules Dealing With Children?” provides guidance.

Can you remove a tree without any prior authorization from local governments? Florida statute attempts to shed some light on the issue, though it leaves a clear answer covered in shade. See “Tree Maintenance and the Potential Impact of Section 163.045, Florida Statutes” for more.

Can something as small as a security camera be a material alteration that requires association approval? Would there be any liability associated with the camera? Arbitrators have weighed in recently. “More on the Installation of Security Cameras” (Part 2) addresses their decisions and some relevant case law.

What happens when various association documents make for unruly neighbors? “THIS CASE: Heron at Destin West Beach & Bay Resort Condominium Association, Inc v. Osprey at Destin West Beach and Bay Resort Condominium Association, Inc.” addresses which document governs when there is a conflict.