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“2022 Community Association Legislation – What Happened?” – FCAP Managers Report

After the Surfside tragedy, everyone wanted to know how such a tragedy could happen and what steps could be taken to avoid similar incidents in the future. What caused the collapse? Could it have been avoided? Why were repairs not made? Why did local governments allow repairs to drag on? Why were repairs not made […]

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“Should Board Members Be Paid?” – News-Press

Q: Is a condominium association permitted to pay the members of the board of directors? Board members spend a lot of time and energy in a thankless job. It only seems fair that they should get some benefit for all the effort. (M.S., via e-mail) A: Section 718.112(2)(a)1 of the Florida Condominium Act states that […]

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“Management Company Conflict of Interest Questioned” – News-Press

Q: Can the president of a condominium association also be an owner of the property management company that represents the association or is that a conflict of interest? (K.R., via e-mail) A: The facts you describe create a rebuttable presumption of a conflict of interest, because the president of the association, who is presumably also […]

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Can Anything Be Done About Solar Panels?

If you are living in an HOA, you probably have heard that the association cannot prohibit the installation of solar panels (or “solar collectors”). A Florida law, F.S. 163.04, provides that any “deed restriction or declaration” or even any “similar binding agreement” may not prohibit – or have the effect of prohibiting – solar collectors, […]

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The ABC’s – Alcohol Sales, BYOB, and Related Considerations

Does your association include facilities that serve and sell alcohol? Is the association property zoned to permit alcohol-related uses? Does your association hold any alcoholic beverage licenses from the Florida Department of Business and Professional Regulation’s Division of Alcohol Beverages and Tobacco (“Division”) and corresponding local government approvals and, if so, what is the geographical […]

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Statutory Meeting Requirements

Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency. One way that association activities are made transparent is through statutory provisions requiring most kinds of meetings to be open and noticed to the membership. In fact, applicable laws governing the operation of condominium and homeowners’ associations allow board members […]

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“Community Associations Can Sink or Swim Based on Their Rules and Regulations Related to Children and Swim Diapers” – FLCAJ

In January 2022 a Florida couple, Jack and Simone Yeager, who own a home in a Boynton Beach country club, in conjunction with their adult son, David Yeager, and his wife, Nicole Fisher, filed a lawsuit against a South Florida property owners association for allegedly discriminating against them based upon familial status. The complaint alleges […]

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“Commercial Real Estate: Predictions and Reflections” – Practical Law Real Estate

Practical Law Real Estate asked leading real estate practitioners to share their thoughts on recent trends and developments impacting the commercial real estate market, including the COVID-19 pandemic, and provide predictions for the rest of the year ahead. The responses of Claramargaret Groover are featured below. Q: What developments in the real estate and construction markets […]

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“Right to See HOA Records Process Questioned” – News-Press

Q: I understand that the Florida Homeowners’ Association Act states that if a request to inspect records is sent by certified mail and the association fails to make their records available within 10 business days, the statute imposes a rebuttable presumption that the association willfully failed to comply with the owner’s right to inspect. However, […]

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“Director Compensation: Do I Get Paid for This?” – Naples Daily News

Q:  I am considering running for the board of my condominium association. However, there is a lot of work involved in being on the Board. It can be a thankless position, which discourages many owners from volunteering. Can we compensate the members of the board as a way to encourage people to serve? (T.B. via […]

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