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Does This Alteration to the Condominium Require Membership Approval?

A “material alteration or addition” is one that “palpably or perceptively var[ies] or change[s] the form, shape, elements, or specifications of a building in such a manner as to appreciably affect or influence its function, use, or appearance.”  Sterling Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685, 687 (Fla. 4th DCA 1971).  If any […]

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What Can a Board Do about a Rude Officer or Director?

Most community association governing documents as well as applicable corporate statutes grant the board the right to appoint and remove officers. This is important when an officer proves to be prone to bad/rude behavior. The board likely has the right to vote to remove this individual as an officer (president, vice president, treasurer, secretary) at […]

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Premises Liability for Failure to Enforce

There are two recent cases of which community association boards should be particularly aware of.  Both cases involved residents who were injured by third parties but who filed suit against their association claiming that the association was also partly responsible for their damages because of their failure to enforce the rules and restrictions in the […]

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“Competitors Draft Pioneering Program to Address Incivility in the Legal Profession,” Daily Business Review

This article profiles one set of three finalists for the Daily Business Review’s Attorney of the Year award, the top honor at the annual Professional Excellence Awards ceremony. The other finalists are Kerri Barsh of Greenberg Traurig and James Sammataro of Stroock & Stroock & Lavan. The winner will be announced during an event May 23 at […]

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Different Laws Govern Associations

Q: My community has both single-family homes and townhouses. A question has arisen as to whether the laws that govern condominium associations or homeowners’ associations apply. Can you clarify this for us? (B.K., via e-mail) A: The answer would depend on the language of the governing documents for your association. Condominiums are governed by Chapter […]

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Names of Unit Week Owners not Available in Timeshare Condominiums

Q:  You recently published an article stating that the names of fellow unit owners are a public record.  Is the rule the same for timeshare condominium associations? A:  No.  When it comes to providing the names (and other information) of owners of a timeshare, the “rules” are different.  Unlike the Condominium Act (Chapter 718, Florida […]

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What Should a Buyer Do After They Have Purchased Their Dream Home?

Completing a home purchase is an exciting moment for everyone who worked on the real estate transaction.  The seller has sold a property and perhaps made a nice profit from the sale.  The real estate agents that worked hard on the transaction for several months are finally going to get paid for their services.  The […]

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