Florida Condo & HOA Law Blog

Filters

Search Perspectives

Show Filters

Area of Focus

Year

Type

Reset Filters

Direct all media inquiries to BPR@beckerlawyers.com

Results

Community Update – May 2019

Association board members are tasked with acting in the best interest of their communities while also upholding the parameters set forth in their association’s governing documents. These documents are the cornerstone of association operations and often dictate everything from member rule enforcement to protocol for removing a delinquent officer. This month’s featured article, “Premises Liability […]

Read More

Does This Alteration to the Condominium Require Membership Approval?

A “material alteration or addition” is one that “palpably or perceptively var[ies] or change[s] the form, shape, elements, or specifications of a building in such a manner as to appreciably affect or influence its function, use, or appearance.”  Sterling Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685, 687 (Fla. 4th DCA 1971).  If any […]

Read More

What Can a Board Do about a Rude Officer or Director?

Most community association governing documents as well as applicable corporate statutes grant the board the right to appoint and remove officers. This is important when an officer proves to be prone to bad/rude behavior. The board likely has the right to vote to remove this individual as an officer (president, vice president, treasurer, secretary) at […]

Read More

Premises Liability for Failure to Enforce

There are two recent cases of which community association boards should be particularly aware of.  Both cases involved residents who were injured by third parties but who filed suit against their association claiming that the association was also partly responsible for their damages because of their failure to enforce the rules and restrictions in the […]

Read More

Different Laws Govern Associations

Q: My community has both single-family homes and townhouses. A question has arisen as to whether the laws that govern condominium associations or homeowners’ associations apply. Can you clarify this for us? (B.K., via e-mail) A: The answer would depend on the language of the governing documents for your association. Condominiums are governed by Chapter […]

Read More

Names of Unit Week Owners not Available in Timeshare Condominiums

Q:  You recently published an article stating that the names of fellow unit owners are a public record.  Is the rule the same for timeshare condominium associations? A:  No.  When it comes to providing the names (and other information) of owners of a timeshare, the “rules” are different.  Unlike the Condominium Act (Chapter 718, Florida […]

Read More

Can an Association Be Held Liable for Discriminatory Conduct of Residents?

On a daily basis we read about acts of hatred and discrimination occurring in our society.  As residential communities are microcosms of the society at large, associations, too, are increasingly faced with determining how to deal with such issues.  Legal precedent has established that associations may be held liable for discriminatory acts committed by its […]

Read More