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Is Your Building Nearing its 40th Birthday?

Broward is one of two Florida counties (Miami-Dade is the other) which requires multifamily buildings that are larger than 3,500 square feet (in the case of Miami-Dade it is buildings in excess of 2,000 square feet) and are forty years old or older to be inspected for structural and electrical safety and “certified”. Thereafter, those […]

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Deadline looms for older Florida High-Rises to Install Engineered Life Safety Systems!

Florida’s 2019 60-day Legislative Session will begin on March 5, 2019 and is expected to end on May 3, 2019. The Florida Fire Protection Code, Section 31.3.5.12 of the National Fire Protection Association (NFPA) 101 requires existing (pre-1992) “high-rise” buildings which are not otherwise exempt to be protected either by an automatic sprinklers system or […]

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Know What You Are Getting into Before Your Board Agrees to an Indemnification Clause

Many boards focus on only a few provisions of the contracts they sign. What service or materials are they getting? What are they paying? When will the contract commence? Far too many other crucial provisions are overlooked as boilerplate. Indemnification clauses are often seen as part of the standard boilerplate provisions in most contracts and […]

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What Are Your Board’s Rights and Obligations with Regard to Sales and Financing in Your Community?

On any given day in any given Florida community association, a manager or director may receive a frantic call from a real estate or title agent about an upcoming closing. These frantic calls typically include an immediate request for information in the form of affidavits, estoppel information, lender questionnaires or other records and information. Naturally, […]

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Should Your Association Eliminate Some of Your Outdated Rules?

Many of my conversations with my association clients involve an evaluation of their rules and regulations and their available enforcement tools.  We regularly discuss how previously overlooked rules can be revived through a process known as republication so the Board can once again enforce them prospectively.  We also discuss how rules must complement rather than […]

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Mental Health Issues in a Community Association Context

Over the years, I’ve met thousands of people living in shared ownership communities and without fail, at least one person in every community questions the mental health of someone in their community. Sometimes the suspect serves on the board, other times it is the person living next door, and other times it is simply a […]

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Summer Shut-Down Considerations for Seasonal Communities

If your community is a seasonal one that tends to thin out over the summer months, what rules or policies do you have in place to ensure that your association continues to operate smoothly and transparently over the summer months? The less crowded summer months in some communities provide an optimal time to pursue important […]

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Improve Your Members’ Chances of Casting a Successful Election Ballot

Every year, I attend many of my clients’ annual meetings and elections and it is always disappointing when some members’ election ballots must be discarded due to avoidable errors. For Florida condominiums and HOAs who have adopted a “condominium style” election process, the election protocol that was implemented to discourage voter fraud can also be […]

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New Year’s Resolutions for Your Board

Historians believe that the ancient Babylonians were the first people to make New Year’s resolutions approximately 4,000 years ago. During a religious festival known as Akitu which lasted for a lengthy 12 days, the Babylonians crowned a new king or reaffirmed their loyalty to the reigning king. They also made promises (precursors to modern day […]

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