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“Easements Explained” – News-Press

Q: The survey for my lot when I closed on my property shows a 15-foot-wide drainage easement dedicated to my homeowners’ association. Can my association use the drainage easement for another purpose besides drainage? (A.D., via e-mail) A: Most likely not. However, the answer to your question depends on several things, including the language contained […]

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“Association Loans Explained” – News-Press

Q: The board of directors of my condominium association has stated they are considering major restoration projects soon and have stated that they are considering a loan from a bank to fund part the projects. While nothing has been decided, the board has mentioned that considering a loan to pay for the work. Does the […]

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“A Deduction to Be Taken With a Grain of Salt” – Reuters

The institution of marriage has been around long before the Internal Revenue Code (the “IRC”) was legislated into existence. In fact, the state and local tax (“SALT”) deduction was first enacted by President Abraham Lincoln and the Republican Congress during the Civil War as a temporary federal income tax to fund the Union army. Lowry, […]

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“Manager Licensing Explained” – News-Press

Q: What exactly is a CAM? I hear this term used at some of our board meetings. (K.R., via e-mail) A: The term “CAM” is an acronym often used when referring to a “community association manager.” A CAM is a person licensed by the Florida Department of Business & Professional Regulation to perform “community association […]

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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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“SBA Loan Update” – News-Press

The U.S. Small Business Administration (“SBA”) has announced that it is waiving the interest rate for the first year on new loans and deferring loan re-payments for 12 months. Therefore, SBA loan borrowers will not be required to make principal payments or interest payments during the first year of the loan. The SBA is automatically […]

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“Retweets As Evidence: The Developing Case Law” – Law360

Social media encourages seamless communication among a variety of different platforms, such as Facebook, Instagram, Twitter and TikTok. Commentators no longer need to gain notoriety before having their opinions published, broadcast, or heard by millions. Today, social media platforms provide us with the ability to share ideas and opinions with the simple touch of a […]

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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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“Board Can Install Vehicle Chargers” – News-Press

Q: There have been recent discussions in my condominium about the board installing an electric vehicle charging station for everyone to use. It was my understanding that owners are entitled to install charging stations at their expense. Doesn’t a common charging station that we all have to pay for require a vote of the owners? […]

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“Tax Equity Requires Reinstating the Home Office Deduction” – Law360

Over the past two and a half years, the job market has changed tremendously due to the COVID-19 pandemic. During this unprecedented time, employees have experienced a new normal that included working from home, eliminating both the time and cost of commuting to the office. Unable to go to the office, employees were forced to […]

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“Condo vs. HOA Budget Procedures Explained” – News-Press

Q: How much notice to the members is required when the board is adopting the annual budget? (B.R., via e-mail) A: For a condominium association, budget meetings must be noticed at least 14 days in advance for the benefit of the members. Notice is to be posted on the condominium or association property, and also […]

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“Competitive Bidding Explained” – News-Press

Q: When does a condominium association have to get bids for repair work and does the association have to hire the company with the lowest bid? (K.R., via e-mail) A: Contracts for legal, accounting, architectural, engineering, and landscape architectural services are not subject to the competitive bid requirements. Contracts for employees who work directly for […]

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“Hurricane Ian Cleanup and Restoration Work Issues” – News-Press

It has now been over a month since Hurricane Ian made landfall in Southwest Florida, causing historic levels of damage to our community. Some of the most shocking damage from Hurricane Ian was due to its unprecedented levels of storm surge, causing flooding in large portions of Southwest Florida. However, our community has responded in […]

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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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“Hurricane Ian Recover: Debris Removal Issues” – News-Press

It has now been about a month since Hurricane Ian devastated Southwest Florida. The clean-up process is ongoing, and many community associations still have significant amounts of debris to deal with. One option that may be available to community associations to address debris removal is authorizing entry by county contractors to remove materials. The Stafford […]

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“Emergency Powers for Community Associations” – News-Press

Two and half weeks ago, Hurricane Ian made landfall in Southwest Florida. Hurricane Ian was practically a worst-case scenario for our area and has impacted essentially every person and community. The recovery for many of our communities will take years and the process is only beginning. In response to Hurricane Ian, the Governor has declared […]

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“Association Voting in the Electronic Age” – News-Press

Q:  I serve on the Board of a very large condominium association. Getting unit owners to return proxies and ballots is difficult (to say the least), making it almost impossible to get voting items to pass. Oftentimes, we have a hard time even getting a quorum. With so many people being accustomed to “Zoom” meetings, […]

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“Building Bridges to Find Common Ground in Israel” – Influence Magazine

If you want a glimpse into the potential role intersectionality of people, politics, religions and belief can play in helping bridge differences, spend some time in Israel. I was one of a dozen lobbyists, elected leaders and others from the U.S. who toured Israel on a week long trip in July arranged by the American […]

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“Recovery From Hurricane Ian” – News-Press

Recovery From Hurricane Ian Unfortunately, Hurricane Ian was a historic storm and has left a wide and substantial swath of damage across Southwest Florida. As we all work to recover from the ongoing effects of Hurricane Ian, I would like to share a few pointers we have learned from past storms and some things we […]

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“Special Assessment Due Dates Not Set by Statute” – News-Press

Q: I understand that the board of directors of my condominium association has the authority to levy special assessments. However, is there any requirement on when special assessments must be due? Does the association have to allow at least 30 days or more before the special assessment can be due? (M.B., via e-mail) A: The […]

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“Board Workshops Covered by Sunshine Law” – News-Press

Q: I understand that if the board of directors posts notice for a meeting, and a majority of board members are there, that is a board meeting. However, what if a board just holds a workshop to discuss certain items and to get input, but no vote is taken. What is that, and is that […]

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“Can a Married Couple Both Serve on the Board?” – Naples Daily News

Q: Can a husband and wife both serve on the same condominium board of directors? T.H. A: Maybe. If the husband and wife are both co-owners of a unit (i.e., both names listed on the deed), a provision from the Florida Condominium Act addresses the issue raised in your question. This provision states that, in […]

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