Turnover is a vaunted date on the calendar for every homeowners’ association. Knowing at what time turnover occurs is necessary for a homeowners’ association to properly plan and effectuate the transition of board control from the developer to the owners. Turnover is simply defined as “the transfer of association control from […]
The global pandemic COVID-19 has entrenched itself on American soil. Many workplaces have been shut down, schools are closed, and people are quarantined in an effort to mitigate the spread of the virus through social distancing. On March 9, 2020, Florida Governor Ron DeSantis declared a state of emergency in […]
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 associations should take. There are also many concerns regarding upcoming […]
A homeowner association and a condominium association have a duty to maintain their common property. That duty is generally provided for in Florida Statutes and the express duties are usually set forth in the Declaration of Covenants and Restrictions. For homeowners’ associations, the duty is set forth in Fla. Stat. […]
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 of golf carts within the community. But Florida community associations […]
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 elements. A condominium association can mitigate these deleterious effects by […]
One of the most challenging aspects of effectively running and operating a condominium association is the constant turnover in board membership and the inconsistency this creates concerning rules enforcement. Most association board seats are up for reelection every one to two years. When members decide to run for the board, […]
Over the past few years each legislative session in Florida seems to generate new laws that impose various requirements on local governments. Some are labeled “unfunded mandates” and others are described as an assault on “home rule”. But as bad as those things sound, the reality is that most state […]
Many leases contain renewal language, allowing the lessee to renew the lease term after the original lease term expires. These provisions sometimes contain notice requirements and fulfillment of certain conditions precedent. In some instances, the leases may automatically renew. In any case, the terms of the lease renewal require certainty […]
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 exactly what constitutes a nuisance. Generally, nuisance is defined in […]