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“Election Proxies Questioned” – News-Press

Q: Our current documents say that proxy votes are allowed in an election, yet during our recent elections, residents were told that proxies were not allowed. My question is whether this was legal? (K.T., via e-mail) A: It depends. Section 718.112(2)(b)2 of the Florida Condominium Act provides that proxies may not be used in the […]

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“Easements Explained” – News-Press

Q: The survey for my lot when I closed on my property shows a 15-foot-wide drainage easement dedicated to my homeowners’ association. Can my association use the drainage easement for another purpose besides drainage? (A.D., via e-mail) A: Most likely not. However, the answer to your question depends on several things, including the language contained […]

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Reviving Unenforced Restrictions

The previous boards failed to enforce the provisions of the Declaration, bylaws, and/or rules and regulations of the community and now whenever the manager tells someone that they are in violation, the response is that the Association allowed this to occur for many years without enforcement. All is not lost. A previously unenforced restriction may […]

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The Role of Impartial Committees in Condominium Elections

The focus of this article is on impartial committees for the annual election. This committee tallies the votes that were cast and determines the outcome of the election. If selected in advance of the annual meeting by the Board, the committee may also verify outer envelope information in advance of the meeting. As a starting […]

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Special Assessments

There are very specific statutory requirements for levying a special assessment in a condominium. Your governing documents must be reviewed to determine who votes on the special assessment (Board, membership, or both), and the notice period for the meeting at which the special assessment will be approved. Sometimes the notice period will be longer than […]

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“Tips, Tricks and Things You Can Mix” – FCAP Managers Report

Timesavers Proxies and Limited Proxies In condominiums and cooperatives, general proxies are used for establishment of a quorum and limited proxies are used to vote on a particular matter – amendments, waive reserves or financial reporting requirements, etc. In homeowner associations proxies may also be used for elections. Proxies and limited proxies are not secret. […]

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“Association Loans Explained” – News-Press

Q: The board of directors of my condominium association has stated they are considering major restoration projects soon and have stated that they are considering a loan from a bank to fund part the projects. While nothing has been decided, the board has mentioned that considering a loan to pay for the work. Does the […]

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“A Deduction to Be Taken With a Grain of Salt” – Reuters

The institution of marriage has been around long before the Internal Revenue Code (the “IRC”) was legislated into existence. In fact, the state and local tax (“SALT”) deduction was first enacted by President Abraham Lincoln and the Republican Congress during the Civil War as a temporary federal income tax to fund the Union army. Lowry, […]

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“Manager Licensing Explained” – News-Press

Q: What exactly is a CAM? I hear this term used at some of our board meetings. (K.R., via e-mail) A: The term “CAM” is an acronym often used when referring to a “community association manager.” A CAM is a person licensed by the Florida Department of Business & Professional Regulation to perform “community association […]

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“Can the Board Enforce Restrictions that the Previous Board Failed to Enforce?” – FCAP Managers Report

The short answer is yes. But not so fast. The correct procedures must be followed. The Board needs to put owners on notice that from this point onward, the restriction that was previously unenforced will now be actively and evenly enforced. This is done through a Board resolution adopted at a duly noticed Board meeting. […]

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“SBA Loan Update” – News-Press

The U.S. Small Business Administration (“SBA”) has announced that it is waiving the interest rate for the first year on new loans and deferring loan re-payments for 12 months. Therefore, SBA loan borrowers will not be required to make principal payments or interest payments during the first year of the loan. The SBA is automatically […]

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“Retweets As Evidence: The Developing Case Law” – Law360

Social media encourages seamless communication among a variety of different platforms, such as Facebook, Instagram, Twitter and TikTok. Commentators no longer need to gain notoriety before having their opinions published, broadcast, or heard by millions. Today, social media platforms provide us with the ability to share ideas and opinions with the simple touch of a […]

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“Legal Recap 2022” – FCAP Managers Report

The 2022 legislative session may end up being one of the most impactful in terms of legislative changes to the Condominium Act since the statute was first enacted in 1963. This is a result of Senate Bill 4-D (SB 4-D), codified as Chapter 2022-269, Laws of Florida, which became effective on May 26, 2022. The […]

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“Board Can Install Vehicle Chargers” – News-Press

Q: There have been recent discussions in my condominium about the board installing an electric vehicle charging station for everyone to use. It was my understanding that owners are entitled to install charging stations at their expense. Doesn’t a common charging station that we all have to pay for require a vote of the owners? […]

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The 2023 Season is Upon Us. Time to Think about Elections

A new season means a new annual meeting and election. In condominiums and cooperative associations there are two components: the election of directors and the annual meeting. Most think of them as one and the same, but they really are separate events which occur concurrent with one another. The condominium and cooperative election takes place […]

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Do Not Miss These Deadlines

The new law passed by the Legislature, known as “SB 4-D”, became effective May 26, 2022 and contains various important deadlines for compliance. The new law applies to condominiums and cooperatives which are 3 stories or higher. We are most often asked “by when do we need to comply with the new law?” This article […]

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“Tax Equity Requires Reinstating the Home Office Deduction” – Law360

Over the past two and a half years, the job market has changed tremendously due to the COVID-19 pandemic. During this unprecedented time, employees have experienced a new normal that included working from home, eliminating both the time and cost of commuting to the office. Unable to go to the office, employees were forced to […]

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“Condo vs. HOA Budget Procedures Explained” – News-Press

Q: How much notice to the members is required when the board is adopting the annual budget? (B.R., via e-mail) A: For a condominium association, budget meetings must be noticed at least 14 days in advance for the benefit of the members. Notice is to be posted on the condominium or association property, and also […]

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“Competitive Bidding Explained” – News-Press

Q: When does a condominium association have to get bids for repair work and does the association have to hire the company with the lowest bid? (K.R., via e-mail) A: Contracts for legal, accounting, architectural, engineering, and landscape architectural services are not subject to the competitive bid requirements. Contracts for employees who work directly for […]

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“Hurricane Ian Cleanup and Restoration Work Issues” – News-Press

It has now been over a month since Hurricane Ian made landfall in Southwest Florida, causing historic levels of damage to our community. Some of the most shocking damage from Hurricane Ian was due to its unprecedented levels of storm surge, causing flooding in large portions of Southwest Florida. However, our community has responded in […]

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“Is your Community Association Set up to Vote Electronically?” – FCAP Managers Report

With election season upon us, has your community set up electronic voting? In many communities, voter apathy is an issue with members not returning their proxy and not attending meetings. Not only does this impact elections, but also other membership votes, such as amending the governing documents, voting on material alterations, etc.. One way to […]

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“Hurricane Ian Recover: Debris Removal Issues” – News-Press

It has now been about a month since Hurricane Ian devastated Southwest Florida. The clean-up process is ongoing, and many community associations still have significant amounts of debris to deal with. One option that may be available to community associations to address debris removal is authorizing entry by county contractors to remove materials. The Stafford […]

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