Tag Archives: Condominium Law

What Does the Sign Say Part II: Practical Solutions for Local Governments

As was discussed in Part I of this blog series, all signs are subject to some form of regulation while also carrying First Amendment protection.  This almost always leads to sign regulations that are confusing, inadequate, dated, and often, unconstitutional. … 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 the Sign Say? Sign Regulation, Legal Issues and the First Amendment

All signs are subject to some form of regulation while at the same time carrying some form of First Amendment protection.  Due to those protections afforded by the First Amendment, government regulation of signs is subject to a heightened scrutiny.  … 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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My unit is flooded from a neighbor’s condo! Who pays for a condominium leak or dry-outs afterwards?

It’s not unusual for condominium owners to experience leaks that don’t come for their own unit.  Being surrounded by other people’s unit above, below, and on the sides, makes leaks inevitable from a neighbor’s condo.  When you add in owners … Read Full Post

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Limiting Liability In Agreements: Exculpatory Provisions And Ambiguities

In many business transactions, parties attempt to limit their liabilities and shift risk.  Typically, it is the party with the most leverage in that business transaction that seeks to include exculpatory provisions to minimize its risk. As a general rule, … Read Full Post

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Condominium Association Conflict Of Interest And Required Disclosure

In 2017, Florida enacted legislation that specifically required disclosure when a condominium association conflict of interest arises between a director or officer and a vendor.  Specifically, Fla. Stat. 718.3027(1) states that the two situations below create a rebuttable presumption of … Read Full Post

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Rule Enforcement Authority of Rules and Regulations made by a Community Association Board

The Florida Homeowners’ Association Act and the Florida Condominium Act provide a community association’s board of directors with authority to promulgate rules and regulations concerning the association property and its members.  The creation and enforcement of an association’s rules and … Read Full Post

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How To Ensure A Successful Condominium Annual Meeting And Board Election

As the calendar turns to fall and we approach the end of the year, it is time again for board members and managers to make sure they are prepared for their annual meetings, including board elections.  While running an effective … Read Full Post

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How To Analyze A Condominium Board Member Recall In Florida

What option do you have when your condominium association board has conducted its self in a manner that your community believes is not in its best interests?   Depending on election terms and cycles you may not want to endure years … Read Full Post

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