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“Back to Basics,” FCAP Managers Report

There are articles every month covering community association issues, which you can find from a plethora of sources. This magazine, other similar magazines, national magazines, newspaper articles, everyone’s favorite blog, attorney resources, Internet, etc. Most of these articles deal with specific issues, such as short term rentals, or emotional support animals, or the latest case […]

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“Committee Conundrum Explored,” News-Press

Q: A director on our condominium board recently resigned, but would still like to volunteer on a committee. Is this permissible? (S.F., via e-mail) A: I believe so, but the law is a bit of a mess. Section 718.103(7) of the Florida Condominium Act defines a “committee” as “a group of board members, unit owners, […]

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Why Should Your Community Consider Trademarking Its Name and Logo?

Many communities rely upon name recognition and a certain style logo to attract attention from potential new purchasers as well as to enhance real property values for existing owners. I live in a country club community that has a distinct font and logo which is intentionally highlighted on our association website, advertisements, business cards, stationary, […]

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Are Signed Condominium Election Ballots Valid?

For the most part, voting in a condominium election is supposed to be by secret ballot but many times owners sign their ballots. Does this invalidate the ballot? No, it does not. This issue was addressed in the arbitration case of Alvarez v. Club Atlantis Condominium Association, Inc. In this case an association rejected ballots […]

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The Use of a Power of Attorney Document at Association Meetings and Elections

A power of attorney (“POA”) is a legal document delegating authority (specific rights set forth in the POA) from one person (the principal) to another (the agent). Association boards and managers may have encountered these from members who wish to designate someone else to act on their behalf and many questions arise as a result. […]

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Dos and Don’ts for HOA Board Members When It Comes to E-Discovery

You were just elected as a member of the board for your association and with that election comes a series of responsibilities. With so many people living in your building, along with those who service the building, odds are you may deal with a legal issue or two during your tenure. If any of these […]

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“50/50 Games Not Permitted,” News-Press

Q: My condominium association uses 50/50 raffles to raise funds for our committees. With the holidays around the corner and funding efforts in full effect, we are concerned about recent comments from some owners about this being illegal. Are 50/50 raffles allowed? (M.G., via e mail) A: No. I have written on this topic in […]

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“Can a Recalled Director Run Again?,” Naples Daily News

Q: I am an owner, living in a community with a homeowners’ association. I would like to know if a member of the board of directors who has been “recalled” (removed by a member vote) can run again for the board.  Our membership, following all the proper procedures outlined in Florida Statutes relating to the […]

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