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“Can Political Flags Be Flown?,” Naples Daily News

Q: I went on a walk in my community and saw at least 8 homes flying either Trump or Biden flags. Is it legal to fly a political flag on a home located in a homeowners association? I.B.A: Sections 720.304(2)(a) and 720.3075(3) of the Florida Homeowners Association Act specifically permit the flying of the US […]

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“Use of Easements Limited by Intent,” News-Press

Q: My homeowners’ association has maintenance access easements over certain areas across the lots adjacent to a pond. Does this mean that all homeowners’ association owners/members are allowed to walk over these access easements to access the pond? (D.P., via e-mail) A: It depends upon the language of the grant of easement itself, which will […]

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“The Threshold Question On Threshold Inspections: To Whom Does The Threshold Inspector Owe A Duty?,” ActionLine

The position of threshold inspector 1 has its origin in the March 27, 1981 collapse of the then under construction, Harbour Cay Condominium building in Cocoa Beach, Florida. On that day, the five-story flat-plate reinforced concrete building collapsed as concrete was being placed for the roof slab. 2 Eleven workers were killed and twenty-three were […]

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“Court Finds Short-Term Rentals Violate Deed Restriction,” Community Association Management Insider

The current economic climate combined with COVID-related migration has many homeowners exploring the revenue generating options of their properties, which can put them at odds with a community association’s mission to cultivate residential harmony and lead to legal proceedings. Becker Shareholder Jennifer Horan strongly advocates for a careful examination of association restrictions before moving forward […]

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“New Laws,” FLCAJ Magazine

New F.S. 718.129, 719.131, and 720.318 provide that an association may not prohibit parking a law enforcement vehicle where the officer has a right to park. F.S. 760.27 provides that a person seeking an emotional support animal must provide certain supporting information to qualify if the relate need for an ESA is not readily apparent. […]

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“Navigate the Claims Process Successfully,” FLCAJ Magazine

Navigating an insurance claim after a significant loss can be frustrating, costly, and time consuming. Associations have an obligation to cooperate with their insurance company fully and completely during the claims process, even in the most daunting of circumstances. Failure to adhere to that duty may result in the denial of an insurance claim even […]

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“Distinguishing Between Statutory and Non-statutory Reserves under the Florida Homeowners’ Association Act,” FCAP Managers Report

Considering the fiduciary responsibilities officers and directors have to the homeowners’ association’s members, it is important to understand not only the importance of including reserve accounts in an association’s budget, but also to understand when reserve funding is mandatory under the Florida Homeowners’ Association Act. Unlike condominium associations, maintaining fully funded reserve accounts is not […]

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