FAN's Featured Blog Post
Tis the Season – for Elections! Do you remember what to do?
Catie Phillips, Community Association Election Director, Rosenbaum PLLC, January 19, 2018
The majority of Condo and HOA elections occur between December and March every year. Experienced Boards and Managers consider the condo process “straightforward and simple,” because it is very well defined in the statutes and not typically impacted by the Condominiums Governing Documents. Read more
Industry News and Articles
Keep in mind that some of the articles are directed toward HOAs or condos specifically, but most can be applied to all types of community associations.
New Year's Resolutions for Your Board
posted by Donna DiMaggio Berger, The Community Association Blog, January 5, 2018
Historians believe that the ancient Babylonians were the first people to make New Year's resolutions approximately 4,000 years ago. During a religious festival known as Akitu which lasted for a lengthy 12 days, the Babylonians crowned a new king or reaffirmed their loyalty to the reigning king. Read more
Tackling Hoarding in Community Associations
posted by Nicole R. Kurtz, Florida HOA Lawyer Blog, January 8, 2018
Hoarding is becoming an increasingly common problem throughout the nation, especially for community associations where people are forced to cohabitate at close proximities. Depending on its gravity, hoarding can pose health threats to fellow residents, causing foul odors and pest control issues that spill over
into hallways and neighboring units. Read more
Insects that Fly During the Night
Rafael Rico, Hometown Pest Control, January 16, 2018
It is that time of year again and in January and February a certain winged insect makes its appearance here in South Florida. Here at Hometown Pest Control we start getting the calls, “I woke up this morning and there are flying insects all over my window in the living room,” and “I was up late last night and all of a sudden hundreds of bugs covered my television screen.” Read more
Board Not Obligated to Put Reserves on Agenda
posted by Joseph Adams, Florida Condo & HOA Law Blog, January 28, 2018
Section 718.112(2)(f) of the Florida Condominium Act governs annual budgets and reserves for condominium associations. The law provides that the annual budget must include reserve accounts for capital expenditures and deferred maintenance. Read more
Rembaum’s Association Roundup: The Assessment Liability Of A Subsequent Owner After A Lender Foreclosure – It May Not Be What You Think!
posted by Jeffrey Rembaum, Esq. of Kaye, Bender, Rembaum, January 9, 2018
A number of cases regarding the application of the statutory safe harbor have been decided with the past few years regarding the extent and reach of statutory safe harbor, most of which have benefited the lender or its successor or assignee of the mortgage. Read more
Board Must Allow Hurricane Shutters
posted by Joseph Adams, Florida Condo & HOA Law Blog, December 24, 2017
You need to start with the understanding that many declarations of condominium define windows as “common elements” (as opposed to part of the “unit”). Although many declarations in Southwest Florida require unit owners to maintain, repair and replace windows, that is not uniform, and windows are the responsibility of the association in many condominiums. Read more
Condo Association Sues Unit Owners for Creating Nuisance
posted by Laura Manning-Hudson, Florida HOA LAwyer Blog, January 10, 2018
Our firm’s other community association attorneys and I are often called upon by association boards of directors and property managers with issues involving obstinate and disruptive unit owners who become a serious nuisance to directors, management and other residents. In such cases, after warnings, incident reports and fines have failed to have any effect, legal action can serve as an effective recourse. Read more
Quorum Needed to Conduct Association Business
posted by Joseph Adams, Florida Condo & HOA Law Blog, December 31, 2017
“Quorum” refers to the number of “voting interests” that must be present at a members’ meeting, either in person or by proxy, in order for business to be conducted. Although a few associations have “weighted voting” (based on unit square footage), the vast majority of condominium documents allocate one voting interest per unit. Read more
Non-Vote Can Be A “No” Vote
posted by Joseph Adams, Florida Condo & HOA Law Blog, January 7, 2018
Voter apathy is a problem in both condominium and homeowners’ associations. I assume that you have been advised that adding lighting to the swimming pool is a “material alteration of or substantial addition to condominium common elements or association real property,” which it likely is. Read more
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