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5 feet or 10 feet, Which Is It? The Confusion Within The NJ Fire Code Regarding Portable Propane BBQ Grills

Everyone enjoys a good BBQ, and making sure they are safe should be a priority for any board in a community association. In the mid 2000’s, community associations throughout New Jersey saw a flurry of rule adoptions to comply with the New Jersey Fire Code at the time, which generally prohibited portable propane BBQ grills […]

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“Services Not Required for ‘55 and Over’ Communities,” News-Press

Q: Some in our homeowners’ association argue we need not offer any amenities like a swimming pool, tennis court, bocce ball, bingo, community dinners, etc., in order to maintain our “55 and over” status. Others say we must have all these and maybe more. Is there a list of amenities that must be followed to […]

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“Why Am I Being Deposed?,” The New Jersey Cooperator

The unit owners in your condominium have been noticed for deposition in the pending transition litigation. Now they have come to you, the property management team, with questions. What should they expect at the deposition? What kinds of questions can they be asked? Did they do something wrong? Will they have to testify at trial? […]

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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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“Notice of Board Meetings Must Be Properly Posted,” News-Press

Q: I purchased my condominium unit last year. Am I entitled to have a copy of the agenda for regular board meetings prior to the actual meeting or at least be provided a copy upon attendance at meeting? (H.B., via e-mail) A: Under Chapter 718 of the Florida Statutes, the Florida Condominium Act, adequate notice […]

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Why Community Associations Should Check Their Zoning and Entitlement History

Zoning laws are enacted by villages, towns, cities, or counties to control the types of uses and the parking ratio, intensity, density, and dimensions of those uses. This is for the purpose of preserving property values, managing growth, preserving the character of a community, facilitating the adequate provision of transportation, and promoting public health and […]

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“How Condo Associations Can Mitigate Damages from Sea-Level Rise,” Sun-Sentinel

Daunting statistics indicate that sea level will continue to rise for centuries, even if greenhouse gas emissions and global warming are sharply reduced. By 2100, sea levels are expected to rise by at least 24 inches. In Florida, the statistics are not encouraging. Miami has the most to lose in terms of financial assets of […]

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“Law Does Not Limit Budget Increases,” News-Press

Q: My condominium association is confused as to how the “115% rule” applies to its budget. Is the association prohibited from adopting a budget that exceeds 115% of the preceding year’s budget? (E.O., via e-mail) A: No. Chapter 718 of the Florida Statutes, the Florida Condominium Act, does not limit the ability of the association […]

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“Cable Rebates Questioned,” News-Press

Q: Recently our homeowners’ association negotiated a new bulk cable and internet contract. One of the new provisions of the contract is the service provider is going to pay the association over one hundred dollars for every home in the community. The money is to be paid to the association in a lump sum. Many […]

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