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“Section Poised to Call for a Statewide Business Court,” The Florida Bar News and Journal

After more than a year of meetings and intense study, a Business Law Section task force is poised to unveil a proposal for a statewide business court. Business Courts Task Force Co-Chair Jon Polenberg said the panel is expected to approve a “rules-based approach” at the Winter Meeting in Orlando next month. “We’re going to […]

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“Are no pet restrictions enforceable?,” Naples Daily News

Q: I live in a condominium that does not allow pets of any kind, and never has allowed them.  One of the reasons I purchased a unit in this condominium is because I don’t like pets and I don’t want to be around them.  Last year my condo board allowed a new owner, who is […]

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“Water leaks in your condo: Who’s responsible? | Opinion ,” Miami Herald

There are many advantages to living in a multifamily condo or coop building in South Florida: great views, enviable locations and abundant amenities. However, there is always the possibility of water leaks. Not surprisingly, when these leaks occur, there is often an inherent tension and finger-pointing between the owner who suffers interior damage and the […]

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“Tree Root Damage, Who is Responsible?,” News-Press

Q: I live in a gated homeowners’ association.  Roots from a tree planted on the common area has damaged my driveway.  Who is responsible for the repair? (J.K., via e-mail) A:Probably you. There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused […]

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“Directors Can’t Vote by Proxy,” News-Press

Q: If a board member in a homeowners’ association can’t be present at a board meeting, can they vote in advance and in writing for a specific issue? Can another board member submit their written vote at the board meeting? (J.T., via e-mail) A: No. Section 720.303(2)(c)3 of the Florida Homeowners’ Association Act specifically provides […]

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“Avoiding Election Pitfalls,” FCAP Managers Report

Avoiding Election Pitfalls Many condominium associations are gearing up for, or in the midst of, election season, which presents challenges and questions regarding the election process. Condominium elections that fail to follow the procedures outlined in the Condominium Act, Florida Administrative Code, and the association’s governing documents can result in an election being voided. Homeowners’ […]

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“Death of Candidate Does Not Require New Election,” News-Press

Q: My condominium association recently held its annual election. Seven people ran for five open seats, including the five incumbent directors and two other candidates. The ballots were sent out properly. An incumbent board member passed away a week before the election. At the annual meeting, the remaining four members of the board were re-elected. […]

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“Community Associations Threatened With Website Litigation Under the ADA,” Daily Business Review

In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users. The genesis for these association website suits may lie with the holding in the recent Domino’s Pizza v. Robles case. That case was originally brought by […]

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“Frequency of Board Meetings Not Set by Law,” News-Press

Q: The board of my homeowners’ association has decided to meet only quarterly. Is this legal? I thought that by law the Board needed to meet ten times per year. (S.B., via e-mail) A: Section 720.303(2) (a) of the Florida Homeowner’s Association Act states that a meeting of the board occurs “whenever a quorum of […]

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