In the wake of Tropical Storm/Category 1 Hurricane Elsa, and with September being National Preparedness Month, hurricane preparations are top of mind for many owners and associations, as are considerations for how long hurricane shutters, plywood, or other protective window coverings should remain in place following an active threat of a storm. Section 718.113(5) of […]
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“The Membership Poll – The Pros, Cons & Confusion of Taking Membership Surveys,” CAI South Gulf Coast Magazine
The line between what an association’s board can legally do as a matter of law and what the board should do as a matter of good practice and policy is often blurred without any practical guidance available for well-intentioned directors who want to do the very best they can for their community based upon very […]
Read More“Is Your HOA Gate Opening To Increased Liability?,” CAI South Gulf Coast Magazine
When a community has an entrance gate, it is almost inevitable that the association will at some point deal with the issue of whether it is responsible for damage to a vehicle which occurred when someone was entering or exiting the gate. The primary question to resolve in assessing liability in such a circumstance is […]
Read More“Responsibility for Tree Branches & Roots,” CAI South Gulf Coast Magazine
Who is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway? Florida common law provides that a property owner (owner of the tree) does not owe a duty to remove or trim tree branches or roots or […]
Read More“Extension of the Mortgage Foreclosure Moratorium,” CAI South Gulf Coast Magazine
Florida ended its statewide protections against COVID-19 pandemic related foreclosures on October 1, 2020. However, the federal government has extended a foreclosure moratorium on the foreclosure of certain mortgages through June 30, 2021. The action was taken shortly after President Biden’s inauguration. Federal protections were due to expire in March of this year. According to […]
Read More“Association Voting During the Pandemic, What Can We Do?,” CAI South Gulf Coast
Although the advent of vaccines signals the end of COVID-19, the pandemic remains a fixture in our landscape and undoubtedly will for some time to come. As Southwest Florida community associations typically have most of their meetings during the “season,” this presents recurrent questions about the applicable laws and “sunshine rules,” especially regarding “remote participation.” […]
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