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“Board Workshops Covered by Sunshine Law” – News-Press

Q: I understand that if the board of directors posts notice for a meeting, and a majority of board members are there, that is a board meeting. However, what if a board just holds a workshop to discuss certain items and to get input, but no vote is taken. What is that, and is that […]

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“Can a Married Couple Both Serve on the Board?” – Naples Daily News

Q: Can a husband and wife both serve on the same condominium board of directors? T.H. A: Maybe. If the husband and wife are both co-owners of a unit (i.e., both names listed on the deed), a provision from the Florida Condominium Act addresses the issue raised in your question. This provision states that, in […]

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“Management of Community Amenities, Landscaping, and Pests” – FCAP Managers Report

Have you ever asked yourself, why would anyone want to live in a community that could restrict your every move? The answer may surprise you:  a change in lifestyle. What exactly draws individuals to homeowners and condominium communities? The various amenities and an impressive, well-manicured landscape, the likes only seen at five-star hotels. However, that new […]

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“‘Estoppel’ Fee Explained” – News-Press

Q: I recently contacted my condominium association to get an account status for refinancing my mortgage. I was charged $299.00, which seems like a lot. Is this a valid charge? (J.R., via e-mail) A: The Condominium Act, the Cooperative Act, and the Homeowners’ Association Act, all regulate the amount the associations can charge for “estoppel […]

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“Neighbor Complaint Letters Not Confidential” – News-Press

Q: Our association has a requirement that no cars be parked in the street. I keep receiving letters from the manager saying that keeping a car parked in front of my house is a violation and that the letters are because of complaints from my neighbors. Am I allowed to be told who complained? (M.P., […]

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“Mixed Messaging on Solar Panels Penalizes Florida Homeowners Seeking to Save Energy” – Miami Herald

In this op-ed for the Miami Herald, Becker Shareholder Donna DiMaggio Berger, dissects the conflict that solar panels can cause between insurers and homeowners. While homeowners do have a right, insurers often cite risk of injury, the use of the building for commercial purposes, and the risk of roof uplift during heavy winds. Until Florida’s […]

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“Why Hiring A Board-Certified Lawyer Makes Sense” – Miami Herald

Consumers of legal services often seek to hire legal counsel for a variety of matters including personal injury, accident, divorce, a business dispute, real estate transaction, or probate matters. Finding the right lawyer can be challenging for the consumer that is often bombarded with television advertising highlighting certain lawyers, along with billboards, internet reviews, and […]

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Questions Linger Regarding the New Law Addressing Building Safety

Q:  I read the articles summarizing the new law that addresses building safety for certain condominiums. In my condominium association, the owners are responsible for their windows, not the association. However, if I understand it correctly, the new law requires the association to reserve for window replacement. How will this requirement work in a community […]

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“State Publishes Mandatory Condo Form” – News-Press

As previously discussed in this column, the Legislature adopted SB4-D effective May 26, 2022. In addition to imposing new requirements for structural inspections for buildings of 3 stories or more in height, and significantly changing the reserve laws, the new law also creates new reporting requirements for condominium and cooperative associations. The law requires that […]

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“Neighbor’s Secondhand Smoke A Bother” – News-Press

Q: Can a condominium association ban smoking inside condominium unit? I have discomfort and health concerns related to my neighbor’s constant smoking. (M.C., via e-mail) A: There is no case law on this topic, and it is not addressed in the statute. The board is usually given the authority to adopt rules regarding the common […]

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