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Panic Is Setting In – The Housing Market Must Be About to Crash

Over the last few days, I have been flooded with articles about one mortgage company after another laying off hundreds, or thousands of employees because over the last several weeks, mortgage originations are down. Similarly, I am seeing articles that title companies who close residential loans, are laying off employees for the same reason. Armageddon […]

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Can Anything Be Done About Solar Panels?

If you are living in an HOA, you probably have heard that the association cannot prohibit the installation of solar panels (or “solar collectors”). A Florida law, F.S. 163.04, provides that any “deed restriction or declaration” or even any “similar binding agreement” may not prohibit – or have the effect of prohibiting – solar collectors, […]

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The ABC’s – Alcohol Sales, BYOB, and Related Considerations

Does your association include facilities that serve and sell alcohol? Is the association property zoned to permit alcohol-related uses? Does your association hold any alcoholic beverage licenses from the Florida Department of Business and Professional Regulation’s Division of Alcohol Beverages and Tobacco (“Division”) and corresponding local government approvals and, if so, what is the geographical […]

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Statutory Meeting Requirements

Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency. One way that association activities are made transparent is through statutory provisions requiring most kinds of meetings to be open and noticed to the membership. In fact, applicable laws governing the operation of condominium and homeowners’ associations allow board members […]

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War In Ukraine Can Affect U.S. Real Estate Transactions

As we watch the news each night, we see images of the devastating war in Ukraine. Millions of Ukrainian citizens have been displaced from their homes and are now considered refugees. The humanitarian crisis grows every day. It’s hard to imagine how such suffering can reach our daily business transactions here at home, but it […]

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Top Five Tips When Negotiating a Construction Contract

Often even a small proposal for repair work can cause thousands of dollars in unanticipated costs later, which likely could have been avoided by association counsel.  A few changes and/or a short addendum to a contract can be surprisingly affordable and possibly the best fiduciary decision a board can make in any given year.

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Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement

Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents. Where the terms of a covenant are unambiguous, courts will enforce such restrictions. However, it is not uncommon for an owner who has violated the covenants to scramble for defenses to try to justify his or her […]

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Community Association Due Process Rights with Respect to Neighboring Developments

If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and residents procedural due process, which includes fair notice of the public hearings at which the […]

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Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected?

The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others. The privilege covers written and oral […]

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