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 […]
In this edition of the Community Update, we address transparency in condominium and homeowners’ associations’, issues associated with alcohol consumption on association property, what associations can and cannot do about solar panels, and even how the Constitution applies to private community associations. Many condominium and homeowners’ associations’ activities are required […]
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 […]
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 […]
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 […]
