FCAP Managers Report

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“Can the Board Enforce Restrictions that the Previous Board Failed to Enforce?” – FCAP Managers Report

The short answer is yes. But not so fast. The correct procedures must be followed. The Board needs to put owners on notice that from this point onward, the restriction that was previously unenforced will now be actively and evenly enforced. This is done through a Board resolution adopted at a duly noticed Board meeting. […]

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“Legal Recap 2022” – FCAP Managers Report

The 2022 legislative session may end up being one of the most impactful in terms of legislative changes to the Condominium Act since the statute was first enacted in 1963. This is a result of Senate Bill 4-D (SB 4-D), codified as Chapter 2022-269, Laws of Florida, which became effective on May 26, 2022. The […]

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“Is your Community Association Set up to Vote Electronically?” – FCAP Managers Report

With election season upon us, has your community set up electronic voting? In many communities, voter apathy is an issue with members not returning their proxy and not attending meetings. Not only does this impact elections, but also other membership votes, such as amending the governing documents, voting on material alterations, etc.. One way to […]

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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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“Limited Common Elements: What Are They and Who Is Responsible?” – FCAP Managers Report

Condominiums generally consist of the following two components: 1) the units that are subject to exclusive ownership by one or more persons, and 2) the common elements, which are any areas not included within the unit boundaries. Unit owners, in addition to the exclusive ownership of their units, also own an undivided share in the […]

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“Maintaining Civility in Community Associations” – FCAP Managers Report

This past year has brought out divisiveness and discord at all levels of governance, including community associations. Although emotions always seem to run particularly high, community associations have been filled with neighbors with differing values, preferences, and opinions as to how the association should be run and maintained. Even pre-COVID, association governance could become intensely […]

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“Hurricane Preparation” – FCAP Managers Report

Yes, it’s that time of year again. The six month long hurricane season in South Florida. South Florida has seen an increase in hurricane activity over the past years, and that is expected to continue this year. Let’s look at some ways community associations to prepare for such storms. Information on how to prepare for […]

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“Playing for Keeps – What Rights & Authority Is an HOA Developer (or Successor Developer) Allowed to Keep after Turnover?” – FCAP Managers Report

For many Homeowners’ Association (“HOA”) owners and board members, the words “turnover” and “transition” are two of the most anxiously anticipated yet mysterious terms in community association lingo. Often used interchangeably, the phrases generally refer to the period of time (or “triggering event”) in the development of the community at which the developer is required, […]

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“The Ins & Outs of Preparing a Condominium Association Budget” – FCAP Managers Report

In many ways, the managing and operating of a condominium association is akin to operating a business. A primary similarity is the importance of careful and accurate financial planning and budget preparation. The board of directors of an association has fiduciary duties to its members. By paying close attention to the legal and technical requirements […]

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“Know When To Call Your Professional” – FCAP Managers Report

What a year. Because of COVID-19 issues, associations have dealt with owners working from home, children remote learning, contractor issues, common area issues, the pool, the gym, the visitors, the cleaning, the quarantine, the masks, and so on. Quite a year indeed. Many associations have spent more time speaking with their attorney, and hopefully insurance […]

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“Condominium Association Elections – The Who, What, When, & Where” – FCAP Managers Report

Your condominium association elections for your Board of Directors are governed by the Florida Condominium Act (Chapter 718 of the Florida Statutes), and Rule 61B-23.0021 of the Florida Administrative Code. Your association governing documents may also contain requirements for your election. Generally, these requirements are contained in the association’s By-Laws. With this in mind, there […]

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“Buy the Right Insurance: It Could Make All the Difference” – FCAP Managers Report

Purchasing insurance is often expensive, time consuming, and confusing. However, today is the right time to make sure you have the proper insurance coverage in place and to confirm that your insurance company has the financial strength to handle the claims process. That way you can rest comfortably knowing that you will be in the […]

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“Weighing the Costs: Common Sense/‘Cents’ COVID-19 Measures for Community Associations Reopening Common Elements and Common Facilities” – FCAP Managers Report

One full year into the COVID-19 pandemic and people have really started to appreciate (or abhor) their neighbors. The extra time at home or stuck in one’s condominium unit has caused an increased sense of awareness and, in some cases, aggravation regarding the comings and goings and habits of our neighbors. Many community associations, and […]

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“New Laws Regarding Emotional Support Animals” – FCAP Managers Report

Other than political debate, perhaps nothing else evokes more of an “emotional” response than the issue of emotional support animals in a no pet community. While this is not a new issue, and has been discussed many times in this forum and others, new laws in Florida may affect how your community may handle a […]

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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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