When a community has an entrance gate, it is almost inevitable that the association will at some point deal with the issue of whether it is responsible for damage to a vehicle which occurred when someone was entering or exiting the gate. The primary question to resolve in assessing liability […]
Who is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway? Florida common law provides that a property owner (owner of the tree) does not owe a duty to remove or trim […]
Florida ended its statewide protections against COVID-19 pandemic related foreclosures on October 1, 2020. However, the federal government has extended a foreclosure moratorium on the foreclosure of certain mortgages through June 30, 2021. The action was taken shortly after President Biden’s inauguration. Federal protections were due to expire in March […]
Q: Is there a legal opinion on the impact of a condominium association’s board term limits due to the emergency declarations and emergency powers granted to association boards? (D.S., via e-mail) A: No. Effective July 1, 2018, the Florida Condominium Act was amended to provide that a board member may […]
In many ways, the managing and operating of a condominium association is akin to operating a business. A primary similarity is the importance of careful and accurate financial planning and budget preparation. The board of directors of an association has fiduciary duties to its members. By paying close attention to […]