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Vacation Rental Regulations in Florida

June 9th, 2017

Posted in Business Law,Real Estate Law

For some St. Augustine homeowners, vacation rentals are a steady source of income, but others argue that this revenue isn’t worth the cost to the community and describe these transient rentals as a “nuisance.”  Transient rentals are units or homes that are rented more than three times in a calendar year for a period of less than 30 days.  A search in the St. Augustine area for Airbnb or VRBO reveals that the industry is alive and well.   
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Associations Should Amend Governing Documents to be Better Prepared for Next Economic Downturn

May 26th, 2017

Posted in Condominium & Homeowner Association Law

Community associations experienced a record number of delinquencies during the economic recession that began in 2007-2008.  As a result, associations were forced to dedicate most of their resources to the collection of delinquent assessments.  Community associations were also severally impacted by the mortgage foreclosure crisis.  The increased amount of cases created a traffic jam for courts resulting in prolonged foreclosures, which decreased the associations’ chances of recovering all the past due amounts.      
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IRS Collection Due Process

May 12th, 2017

Posted in IRS & Tax Information

Taxpayers should know that the IRS cannot typically levy your assets without first giving you notice.  There are a few exceptions to this general rule, however.  For instance, the IRS may levy without prior notice if it feels collection of the tax is in jeopardy or when the IRS levies a state tax refund.  Absent an exception, the IRS will typically provide a formal Notice of Intent to Levy prior to levying any of a taxpayer’s assets.
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Strategies for Obtaining Membership Approval to Amend Condominium and Homeowners’ Associations Governing Documents

April 28th, 2017

Posted in Condominium & Homeowner Association Law

If you are a condominium or homeowners’ association board member or community association manager, this scenario probably sounds too familiar:  The association’s board of directors has identified a provision in the governing documents which would benefit the association to amend.  Perhaps amending the provision could have a direct, positive financial effect (for example, removing that unfortunate provision excusing past-due assessment liability of third-party purchasers after mortgage foreclosure).  Unfortunately, however, the governing document provision requires 75% approval of the entire membership to amend and the association cannot even attain a quorum at its membership meetings.  Accordingly, the board and manager question whether they should even attempt to propose an amendment to the governing documents and incur the associated expenses.  Should they just give up?

If the scenario above sounds familiar, there may be some strategies available to generate the support necessary to adopt the amendment, some of which are as follows:
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National Healthcare Decisions Day

April 13th, 2017

Posted in Estate & Personal Planning

This year, National Healthcare Decisions Day is not just a day but an event lasting from April 16 to 22.  This event is a national initiative to provide awareness and inspire adults to do or review their healthcare planning.
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How to Hold an Efficient Board Meeting: Tips and Strategies

March 31st, 2017

Posted in Condominium & Homeowner Association Law

Have you attended a Board meeting for a condominium, cooperative, or homeowner association that lasted for what seemed like hours on end?  If so, you are not alone.  Many communities spend more time than necessary at their board of director meetings.  Below are some tips and strategies on how to hold an efficient board of directors meeting.
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New Funding to Protect Florida’s Elderly Population

March 17th, 2017

Posted in Asset Protection,Estate & Personal Planning

Many of Florida’s senior citizens and families have reason to celebrate the 2017-2018 Annual Budget, which recommends $315.5 million for the Florida Department of Elder Affairs.
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Enforcement of Governing Documents – What are the Association’s Options?

March 3rd, 2017

Posted in Condominium & Homeowner Association Law

One of the most common topics we are asked by association clients is how to enforce the covenants and restrictions set forth in the association’s governing documents (declaration, articles of incorporation, bylaws, and rules and regulations).  Below is a brief review of an association’s options in regards to enforcement.
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