FCAP Managers Report


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“Management of Community Amenities, Landscaping, and Pests” – FCAP Managers Report

Have you ever asked yourself, why would anyone want to live in a community that could restrict your every move? The answer may surprise you:  a change in lifestyle. What exactly draws individuals to homeowners and condominium communities? The various amenities and an impressive, well-manicured landscape, the likes only seen at five-star hotels. However, that new […]

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“It’s Hurricane Preparedness Time Again” – FCAP Managers Report

It’s that time of year again. As the days get longer and the weather gets hotter, we know that hurricane season is fast approaching. Therefore, this is a good time to review some of the “best practices” to prepare for and protect the association in the event a hurricane comes our way. Ideally, the board […]

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“Disputes in Community Associations: Arbitration, Mediation, or Litigation?” – FCAP Managers Report

Disputes within community associations were originally treated like other civil disputes, requiring litigation when the parties could not agree. The law evolved to now require certain types of “alternate dispute resolutions” for community associations before the parties head to court. Specifically, both the Florida Condominium Act (Chapter 718 of the Florida Statutes) and the Florida […]

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“Preparing for Success – What Associations and Management Companies Should Consider When Contemplating Doing Business With Each Other” – FCAP Managers Report

Hiring a property management company is one of the most important decisions a community association can make. In turn, taking on a new community association client has significant implications for a property management company. A bad fit can be problematic for all involved. Understanding what each party expects and offers at the outset will give […]

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“Impact of 2022 Legislative Summary on Community Associations” – FCAP Managers Report

The 2022 session of the Florida Legislature was statistically slightly above average with 1700 bills considered in its 60-day session. A total of 238 bills were passed by both houses and will be presented to the governor for his signature. Thirty bills were filed that could have impacted community associations. For residents of condominiums, the […]

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“2022 Community Association Legislation – What Happened?” – FCAP Managers Report

After the Surfside tragedy, everyone wanted to know how such a tragedy could happen and what steps could be taken to avoid similar incidents in the future. What caused the collapse? Could it have been avoided? Why were repairs not made? Why did local governments allow repairs to drag on? Why were repairs not made […]

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“Switching Hats: Can a Lawyer Who Represents an Association also Serve as a Member of the Client’s Board of Directors?” – FCAP Managers Report

The short answer: there is no express prohibition against this, but it’s complicated and not recommended for either the association or the lawyer. There are several ethical issues that arise due to the lawyer’s duties to the entity as its counsel, fiduciary duties to the entity as a director, and the lawyer’s personal self interest […]

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“Board Member Tidbits” – FCAP Managers Report

For this article, I thought I would jump around and discuss various items regarding board members, board meetings and a few association operational issues that keep popping up as questions and issues. Board member certification. Let’s start with the board member certification requirement, which applies to condominiums, homeowner associations and cooperative association board members. Within […]

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“‘Drawing a Line in the Sand’ by Reviving Previously Unenforced Restrictions,” FCAP Managers Report

The previous boards failed to enforce the parking restrictions in the community, and now parking has become a nightmare. The new board would like to remedy the solution, but can the board begin to enforce a restriction that has not been enforced in the past? Generally, the association may lose its right to enforce a […]

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“Attention to Detail,” FCAP Managers Report

Attention to detail. A simple phrase that’s not always so simple to comply with, especially in a community association context. There are several technical provisions in the statutes governing community associations that must be complied with. Chapters 607, 617, 718, 719, and 720, Florida Statutes have numerous requirements that associations must adhere to. A few […]

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