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Community Update – January 2019

01.14.2019

Welcome to 2019! We hope that your year is off to a wonderful start. In this issue we hit the ground running so that you can rest assured your association is beginning the new year on a high note. Don’t commit a party foul! This month’s featured article, Performing Rights […]

Penalties for Financial Reporting Violations

01.14.2019

In 2018, the Florida Legislature revised a provision within the Condominium Act concerning financial reporting.  Specifically, if a condominium association fails to comply with a request from the Division of Condominiums, Timeshares and Mobile Homes (the “Division”) regarding providing a unit owner with a copy of the annual financial report, […]

Performing Rights for Organizations and Associations

01.14.2019

So your community association has survived Hurricane Irma and completed all the repairs. In celebration of this milestone, the association decided to hold a community wide cookout with live music. The celebration was a success and thoroughly enjoyed by everyone. Now, two weeks later, you are in receipt of a […]

Avoiding Defense of Selective Enforcement

01.14.2019

A common defense raised by owners who find themselves on the wrong side of a covenant enforcement action is to allege an association’s failure to enforce the covenant at issue against all violators and instead only selectively enforcing it. The defense of selective enforcement is based upon a case decided […]

Estoppel Certificates

01.14.2019

Some associations are still not complying with the new laws on Estoppel Certificates which is required of condominiums, cooperatives, and homeowners associations. Prior to July 1, 2017, you only had to provide the prospective purchaser with information about the monies owed to the association attributable to the unit being purchased.  […]