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Condominium & Homeowner Association Law

Financial Reporting Requirements for Community Associations

December 8th, 2017

Posted in Condominium & Homeowner Association Law

Condominium, cooperative, and homeowner associations have financial reporting requirements for each fiscal year.  Specifically, associations must prepare and complete a financial report within 90 days after the end of the fiscal year, or annually on a date provided in the bylaws.
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Deadline Reminder – Website Requirement for Condominium Associations

November 10th, 2017

Posted in Condominium & Homeowner Association Law

Pursuant to the recent laws passed during the 2017 legislative session, Florida condominium associations with 150 or more units that do not manage timeshare units must have an independent website or web portal to post digital copies of various official records by July 1, 2018
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Post-Hurricane Irma Cleanup and Safety Tips for Community Associations

September 15th, 2017

Posted in Condominium & Homeowner Association Law,General Practice,Real Estate Law

As communities in Northeast Florida work toward recovering from Hurricane Irma, we would like to share a few important reminders for condominium, cooperative and homeowner associations. While the task of repairing and cleanup is extensive, communities should be on the lookout for the following “scams”:

  • Beware of government “officials” coming to your community offering to perform inspections. Require documentation and contact information from any such individual.
  • Many out of state “contractors” appear offering to do a free inspection of a roof or common areas and common elements. Ask for their licensing and contact information before entering into any contract for work.
  • Do not execute an Assignment of Benefits (“AOB”) without first contacting your insurance agent and attorney.
  • Beware of any contractor requiring a large down payment for “supplies”.


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Condominium and Homeowners’ Associations may Contract with Municipality or County to Regulate Traffic on Private Roads within the Community

July 21st, 2017

Posted in Condominium & Homeowner Association Law

Encouraging residents in condominium and homeowners’ associations to safely drive their vehicles while in the community can be difficult for many associations.  If the streets within the community are public streets, or streets owned by a county or municipality, the association can contact law enforcement and request an increase in patrolling.  However, if the streets are private, or owned by the association or other non-governmental entity, law enforcement may not have the authority to regulate traffic within the community absent an agreement with the association. 
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Natural Disaster Planning and Management for Condominium and Homeowners Associations

June 23rd, 2017

Posted in Condominium & Homeowner Association Law

Is your condominium or homeowners association properly prepared for a natural disaster event such as a hurricane?  The Atlantic hurricane season officially began on June 1st of this year and will continue until November 30th. While September is usually the most active month for tropical activity, last year’s Hurricane Matthew demonstrates that communities should be prepared well before a hurricane hits to mitigate confusion in the aftermath.
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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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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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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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