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My Association is Responsible for What?!? The Good, Bad, and Ugly of Contractual Indemnity

“Indemnity” is a legal term of art which stands for the right of a party to claim reimbursement for its loss, damage, or liability from another party who has such a duty. Ordinarily, the duty to indemnify arises through express contractual agreement. The 2014 adoption of section 468.4334, Florida Statutes, has brought a spotlight to […]

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What Associations Need to Know About Homestead

Article X, Section 4 of Florida’s Constitution protects homestead property from many kinds of forced sales. However, since foreclosures of homestead properties for unpaid association assessment debts and for unpaid mortgage debts occur routinely, it is easy to see how many homeowners’ associations and condominium associations are lulled into thinking that constitutional homestead property protections […]

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Phony Parking Violation Letters in Condominiums

Condominium living has its advantages and challenges – one such challenge is often parking. Today, people move into these communities with several vehicles in tow and in condominiums, there is limited space in the parking garages and parking areas for unit owners and their guests. Sometimes this results in unit owners taking parking, that violates the t

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Community Update – January 2021

With 2020 finally in the rearview mirror, we dive into what’s ahead for community associations in the New Year. In addition to enjoying this month’s featured articles, we encourage you to take part in our COVID-19 vaccine survey. We want to hear your thoughts on whether or not your association is considering becoming a vaccine […]

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Community Update – December 2020

Since early on in the pandemic, boards and management professionals have shouldered the immense responsibility of ensuring the safety of their residents. Now, with the imminent rollout of the vaccine, they will face a whole new set of challenges which we delve into in this issue of CUP. For those who wish to discuss this […]

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Community Update – November 2020

We hope you had a wonderful Thanksgiving holiday! While this year has not been without challenges, we are tremendously grateful to all of our clients and friends and wish you and your loved ones a joyous and healthy holiday season. Enjoy this month’s edition of CUP and we look forward to seeing you next month! […]

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An Association’s Obligation Regarding Neighbor Versus Neighbor Disputes

Community Associations have an obligation to enforce their governing documents. However, that obligation does not extend to policing, mediating, or resolving disputes between owners, without a corresponding covenant violation. Associations have an obligation to all owners of the community to do what is in the best interest of all owners, not just the select one […]

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Community Update – October 2020

The 2020 Legislative Guide is here! Florida’s 2020 Session produced a bevy of newly passed community association legislation including the long-awaited criminalization of fraudulent emotional support animal requests. New laws regarding registration requirements for “55 and over” communities, rights for HOA residents to use fireworks on the 4th of July, and housing discrimination laws were […]

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Community Update – September 2020

Can you believe it’s autumn already? National and local elections are fast approaching and the chatter about whether or not political signs should be permitted in private residential communities is building. We delve into this issue as well as discuss how to keep your HOA director elections, which are also on the horizon, from turning […]

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