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Community Update – March 2022

03.31.2022
Joseph ArenaDonna DiMaggio BergerKathleen “Katie” O. Berkey, AICPYeline GoinScott KiernanDavid M. MiltonJay Roberts

Florida’s 60-day legislative session recently concluded without passing any major community association legislation. Find out what happened in this month’s “Did You Know” feature, and for a deeper dive on the topic, tune in to the most recent episode of Becker podcast, “Take it to the Board with Donna DiMaggio […]

Areas of Focus: Condo, Co-Op & HOA

Top Five Tips When Negotiating a Construction Contract

03.30.2022
Scott KiernanDavid M. Milton

Often even a small proposal for repair work can cause thousands of dollars in unanticipated costs later, which likely could have been avoided by association counsel.  A few changes and/or a short addendum to a contract can be surprisingly affordable and possibly the best fiduciary decision a board can make […]

Areas of Focus: Condo, Co-Op & HOA, Construction Law & Litigation, Design & Construction Contracts

Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement

03.30.2022
Joseph Arena

Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents. Where the terms of a covenant are unambiguous, courts will enforce such restrictions. However, it is not uncommon for an owner who has violated the covenants to scramble for defenses to try […]

Areas of Focus: Condo, Co-Op & HOA, Community Association Litigation & Covenant Enforcement

Community Association Due Process Rights with Respect to Neighboring Developments

03.30.2022
Kathleen “Katie” O. Berkey, AICP

If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and residents procedural due process, which includes fair notice of the […]

Areas of Focus: Community Association Litigation & Covenant Enforcement, Land Use & Zoning