On December 22, 2020, the United States Environmental Protection Agency (EPA) delegated to the Florida Department of Environmental Protection (FDEP) the authority to issue Section 404 federal Clean Water Act (CWA) permits for dredge and fill activities in certain waters within Florida. The state’s assumption of responsibility over Section 404, […]
The first COVID-19 related Emergency Order from Florida’s Department of Business and Professional Regulation (“DBPR”) was issued on March 16, 2020 (“2020-01”). Now, nine (9) months later and there is another spike of COVID-19 infections across the country. As COVID-19 infections spike, board members of Community Associations across the state […]
Under Florida law, condominium associations have the ability to assess unit owners for their proportional amount of the costs and expenses for maintaining and operating the condominium property. The ability of condominium associations to collect assessments from unit owners is provided for in Chapter 718, Fla. Stat., and in the […]
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, the business judgment rule will protect directors from personal liability […]
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 took effect on July 1, 2020, and some of which […]
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 the reopening process. Both State and local governments have been […]
Previously, I published a blog reviewing when turnover occurs for a homeowners’ association only. At first blush, one may conclude that condominium associations and homeowners’ associations would have the same or nearly identical requirements for when turnover occurs. However, the truth is quite opposite. Florida condominium association are governed by […]
Many lawsuits pertaining to community associations involve unit owners who disagree with the actions of their Community Association’s Board of Directors. In the recent case Iezzi Family Limited P’Ship v. Edgewater Beach Owners Ass’n, Inc., 254 So.3d 584 (Fla. 1st DCA 2018), the First District Court of Appeals held that […]
Part IV: Common Element Considerations COVID-19 has affected community associations in various ways, and new obstacles during these times are presenting themselves daily. Community associations will have to deal with many of these developments in stride and are expected to pioneer their communities during the state-wide shutdown. Due to this […]
Part III: Assessment Collection Considerations During COVID-19 COVID-19 has affected community associations in various ways, and new obstacles during these times are presenting themselves daily. Community associations will have to deal with many of these developments in stride and are expected to pioneer their communities during the state-wide shutdown. Due […]