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

August 26, 2019 Community Association Industry Legal Blog

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 […]

Avoid Condominium Common Element Wear and Tear by Restricting Owner and Tenant Dual Usage

August 15, 2019 Community Association Industry Legal Blog

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 […]

Florida 2019 Legislative Update For Local Governments: Permit Fee Transparency

May 20, 2019 Community Association Industry Legal Blog, Construction Industry Legal Blog, Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 […]

Lease Agreements: Beware of the Lease Renewal Language

May 9, 2019 Community Association Industry Legal Blog, Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 […]

Considerations for Community Association’s Use of Drones for Covenant Enforcement and Maintenance Inspections

April 9, 2019 Community Association Industry Legal Blog

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 are significant risks as well.  There are a number of […]

Can a Condominium Impose Special Assessments for Necessary or Routine Maintenance?

April 1, 2019 Community Association Industry Legal Blog

Although it is rarely welcomed by the owners, condo associations are permitted by Florida statute to impose special assessments for necessary and routine maintenance. There are a lot of considerations that come into play in deciding whether special assessments for necessary maintenance are required, both procedural and substantive considerations. For […]

Florida Law on Pre-Turnover and Post-Turnover Community Association Contracts

February 4, 2019 Community Association Industry Legal Blog

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 other entities.  Unique to community associations, these entities often find […]

What Does Florida Law say About a Community Association Bulk Services Agreement Such as Cable and Internet Service?

January 4, 2019 Community Association Industry Legal Blog

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 as phone, cable and internet service.  The benefit of bulk […]

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