Perspectives

Our attorneys are thought leaders in their field who keep our clients updated on the latest developments in their areas of interest. Explore our robust library of articles, blog posts, guidebooks, media commentary, and news.

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“Restaurant Minimums Not Unusual,” News-Press

Q: I live in a community that includes a mandatory golf club membership. The restaurant/lounge has been underperforming. The board recently imposed a minimum food and beverage purchase requirement for all members. Is this legal? (R.C., via e-mail) A: I am told that there is an old saw in the golf club industry that it […]

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“Are no pet restrictions enforceable?,” Naples Daily News

Q: I live in a condominium that does not allow pets of any kind, and never has allowed them.  One of the reasons I purchased a unit in this condominium is because I don’t like pets and I don’t want to be around them.  Last year my condo board allowed a new owner, who is […]

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“Water leaks in your condo: Who’s responsible? | Opinion ,” Miami Herald

There are many advantages to living in a multifamily condo or coop building in South Florida: great views, enviable locations and abundant amenities. However, there is always the possibility of water leaks. Not surprisingly, when these leaks occur, there is often an inherent tension and finger-pointing between the owner who suffers interior damage and the […]

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“Tree Root Damage, Who is Responsible?,” News-Press

Q: I live in a gated homeowners’ association.  Roots from a tree planted on the common area has damaged my driveway.  Who is responsible for the repair? (J.K., via e-mail) A:Probably you. There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused […]

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“Directors Can’t Vote by Proxy,” News-Press

Q: If a board member in a homeowners’ association can’t be present at a board meeting, can they vote in advance and in writing for a specific issue? Can another board member submit their written vote at the board meeting? (J.T., via e-mail) A: No. Section 720.303(2)(c)3 of the Florida Homeowners’ Association Act specifically provides […]

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Learn to Use all of the Tools on the CALL Website

As we usher in the New Year, we wanted to take a moment to highlight some of the features and benefits of the Community Association Leadership Lobby (CALL) website. We hope that throughout 2020 you will find our updates on proposed legislation educational, but more than that we hope that the tools and resources found […]

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“Avoiding Election Pitfalls,” FCAP Managers Report

Avoiding Election Pitfalls Many condominium associations are gearing up for, or in the midst of, election season, which presents challenges and questions regarding the election process. Condominium elections that fail to follow the procedures outlined in the Condominium Act, Florida Administrative Code, and the association’s governing documents can result in an election being voided. Homeowners’ […]

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Community Update – December 2019

As 2019 comes to a close, we look back at a selection of our most popular Community Update articles. Read on for a refresher on special assessments, juggling both your official association communications with your personal information, and speeding issues in your community. Also, we feature our top read article from our new Spanish feature […]

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“Death of Candidate Does Not Require New Election,” News-Press

Q: My condominium association recently held its annual election. Seven people ran for five open seats, including the five incumbent directors and two other candidates. The ballots were sent out properly. An incumbent board member passed away a week before the election. At the annual meeting, the remaining four members of the board were re-elected. […]

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