Blog

Posts by Jay Shearer, Esq.

COVID-19 “Coronavirus” Actions for your HOA or Community Association

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April 17th, 2020

Posted in Condominium & Homeowner Association Law

On March 27, 2020, the Secretary of the Department of Business and Professional Regulation (“DBPR”) issued Emergency Order 2020-04 (found here), which clarifies that community associations, including condominium, homeowner and cooperative associations, can exercise the use of emergency powers in light of the Novel Coronavirus Disease 2019 (COVID-19).


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Inspections of Condo and HOA Official Records

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November 15th, 2019

Posted in Condominium & Homeowner Association Law

Condominium and homeowner’s associations are required to maintain the official records* of the association within the state for at least 7 years and make them available to the owners or their authorized representative for inspection within 45 miles of the community or within the same county.  For condominiums, Florida Statute § 718.111(12)(c) requires that the association provide access to the records within 10 business days of receiving a written request.  Failing to provide the records within the 10-day period creates a rebuttable presumption that the association willfully failed to provide the records and the requesting owner becomes entitled to damages in the minimum amount of $50.00 per day beginning on the 11th business day after the request. 


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Filling Vacant Seats on the Board of Directors

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August 30th, 2019

Posted in Condominium & Homeowner Association Law

The typical board of directors for a condominium or homeowner’s association consists either 3, 5, or 7 directors, depending on the governing documents and participation within the community.  The election of directors by the membership generally occurs each year at the annual meeting.   Some associations have trouble finding enough candidates to fill the open director positions at the annual elections, but what happens when a director unexpectedly resigns, passes away or is disqualified before the end of his or her term?  How does the association fill that vacant director’s seat?


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Preparing Your Community Association for the 2019 Hurricane Season

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June 7th, 2019

Posted in Condominium & Homeowner Association Law

June 1st marks the official start to the 2019 hurricane season, however, now for the fifth straight year the first storm of the year was named before the season even began.  “Andrea” formed in late May and a new storm, Invest 91L, is currently brewing in the Gulf of Mexico and threatening to become “Barry.” 


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Protecting Associations During Mortgage Foreclosures

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April 5th, 2019

Posted in Condominium & Homeowner Association Law

It has been roughly a decade since the Great Recession began and fortunately the U.S. economy has rebounded significantly since the late 2000s.  During the recession, community associations experienced a record number of delinquencies and mortgage foreclosures.


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