Author Archives: Hans C. Wahl, Esq.

Application of the Business Judgment Rule to Community Association Board of Directors

The board of directors of community associations are responsible for making important decisions affecting the community and its members. As a result, disputes sometimes arise between the association and its members. In the event the dispute evolves into a lawsuit, … Read Full Post

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2020 Amendments to the Florida Statutes Affecting Community Associations

web polls JavaScript is disabled! Each year the Florida Legislature proposes amendments to various sections of the Florida Statutes, and some of those proposed amendments involve community association governance.   Florida Governor DeSantis recently signed several proposed bills into law that … Read Full Post

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Considerations for Community Associations When Reopening their Communities and Common Elements Due to COVID-19

The State of Florida is slowly but surely opening back up after closures from the COVID-19 pandemic.  Governor DeSantis’s Stay at Home Order expired on April 30th, and Executive Order 20-112, effective May 4th, was enacted as Phase I in … Read Full Post

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Community Association Emergency Powers: COVID-19 (Coronavirus) Precautionary Measures

On Monday, March 9th, 2020, Florida Governor Ron DeSantis declared a state of emergency in Florida due to the COVID-19 (Coronavirus) outbreak.  Since that time, community association board members and managers have had numerous questions on what precautionary measures community … Read Full Post

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Is it a Golf Cart or a Low Speed Vehicle? Florida Community Associations Beware

Nearly all of Florida’s community associations have rules and regulations governing various aspects of community living.  It is common for those rules and regulations to include restrictions on vehicle usage, and oftentimes there will be specific restrictions on the use … Read Full Post

CATEGORY: Florida Community Association Law Blog

Avoid Condominium Common Element Wear And Tear By Restricting Owner And Tenant Dual Usage

With Florida condominiums, excessive wear and tear on the common elements may shorten their useful life and expedite costly repairs and maintenance.  This problem may be exacerbated at larger condominium associations when both tenants and owners are using the common … Read Full Post

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Florida Condominium Associations: What Is A Nuisance?

What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance?  Florida Condominium associations deal with nuisance complaints on a regular basis.  The challenge in addressing nuisance issues is defining … Read Full Post

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Considerations For Community Association’s Use Of Drones For Covenant Enforcement And Maintenance Inspections

There are benefits to community associations using drones for issues such as covenant enforcement and common area maintenance.  The biggest of which is the cost effectiveness and efficiency of using drones instead of individuals to perform these inspections.  However, there … Read Full Post

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Florida Law On Pre-Turnover And Post-Turnover Community Association Contracts

Community associations are businesses.  Not only are they corporate entities, but they collect revenue (i.e., owner assessments) and incur expenses planned for through a yearly budget.  Just like any other business, community associations find themselves in unfavorable contractual relationships with … Read Full Post

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What Does Florida Law Say About A Community Association Bulk Services Agreement Such As Cable And Internet Service?

Bulk services agreements are those agreements entered into between a condominium association or homeowners association and a company for providing similar services to the community’s entire membership.  These are most commonly used for providing the community with broadband services, such … Read Full Post

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