FCAP Managers Report

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“How Community Associations Can Handle the Continuing Popularity of Short-Term Rentals,” FCAP Managers Report

Despite a year that has drastically curtailed traveling due to the global COVID-19 pandemic, the popularity of online vacation and short-term rental platforms, such as Airbnb and others, has persisted as people have sought escapes to private homes instead of hotels and to upgrade their work-from-home routines to somewhere with a view. Airbnb is only […]

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“The ‘Nuisance’ Problem,” FCAP Managers Report

When Do Annoying Behaviors and Activities Within and Surrounding the Community Become a Legal Nuisance and How Can Your Community Deal with It? It seems like everybody’s got a problem with somebody these days. Sure, certain quirks and behaviors can certainly be classified as “annoying.” Who isn’t annoyed by that neighboring co-worker or spouse that […]

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

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 funded reserve accounts is not […]

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“What to Do When a Vendor Damages Association Property,” FCAP Managers Report

Service providers often cause property damage in community associations. Imagine a furniture delivery driver in a rush to make his next appointment, clipping your community’s security gate and taking a portion of it down the road, or a garbage truck leaking hydraulic fluid on your community roadways, leaving permanent stains. What should your association do […]

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“Sit Back and Enjoy the Ride,” FCAP Managers Report

“Sit Back and Enjoy the Ride: Practical Considerations for Condominium Boards Regulating Electric Vehicle Charging Stations” On July 10, 2020, Governor Ron DeSantis announced over $8 million of the state’s budget this year will be dedicated to strengthening Florida’s electric vehicle infrastructure. The intent of what Gov. DeSantis described as a “long-term investment” is to […]

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“Budgets,” FCAP Managers Report

With budget season approaching, Florida community associations must consider their capital expenditures and long-term maintenance needs. Community associations set aside a portion of their budgets for capital expenses and deferred maintenance, frequently referred to as “reserves.” The reserves are for expenses that do not occur on a regular basis and reserves are designed to ensure […]

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“Managing Common Housing Under the Threat of COVID-19,” FCAP Managers Report

Managers are on the front lines of many challenging issues for private residential communities but managing a pandemic is uncharted territory for most. With the number of cases of COVID-19 increasing in Florida and the fact that Governor DeSantis has declared a State of Emergency, proactive community association management professionals are thinking about how this […]

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“Avoiding Election Pitfalls,” FCAP Managers Report

Avoiding Election Pitfalls Many condominium associations are gearing up for, or in the midst of, election season, which presents challenges and questions regarding the election process. Condominium elections that fail to follow the procedures outlined in the Condominium Act, Florida Administrative Code, and the association’s governing documents can result in an election being voided. Homeowners’ […]

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“Back to Basics,” FCAP Managers Report

There are articles every month covering community association issues, which you can find from a plethora of sources. This magazine, other similar magazines, national magazines, newspaper articles, everyone’s favorite blog, attorney resources, Internet, etc. Most of these articles deal with specific issues, such as short term rentals, or emotional support animals, or the latest case […]

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“Say What?,” FCAP Managers Report

In terminating a third party vendor, a board of directors must be careful in disseminating information concerning the basis for its decision – especially if the decision was due to poor performance or contractual violations by the vendor. In Florida, a cause of action for defamation can be brought against a corporation, including specifically, a […]

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