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FAN's Featured Blog Post
What is that Word Wednesdays – Equitable Estoppel
posted by Dan Tiernan, COO, Campbell Property Management, February 19, 2014
 This week’s phrase is Equitable Estoppel. In community associations, this may be a valid legal defense for a rule-breaking owner to claim “ignorance of the law”. If a rule is not clearly communicated or regularly enforced, the rule may become unenforceable by the Board. Read more
Industry News and Articles
Keep in mind some of the articles are directed toward HOAs or condos specifically, but most can be applied to all types of community associations.
Committee Meetings: To notice, or not to notice, is that a question?
posted by Lisa Magill, Esq., February 5, 2014
Part of good leadership is proper delegation. This holds true for boards of directors in community associations. Committees are very common in the community associations, and come in many forms such as budget committees, architectural control committees, legal committees, rules and regulations committees, etc. Read more
Condos and HOAs Can Conserve Water by Implementing Florida-Friendly Landscaping
posted by William B. Campbell III, VP of Sales and Marketing, Campbell Property Management, February 7, 2014
 Floridians alone use approximately 6.5 billion gallons of freshwater each and everyday. With water rates increasing significantly over the past few years, these cost increases do not shift over to improved water quality. The average Floridian pays roughly $60 per month for water services – almost half as much as residents in cities like Chicago and Houston pay. In Condos and HOAs, these costs can add up to over hundreds of thousands of dollars each year. Read more
When Your Home is Also Your Office: Dealing with single family use restrictions
posted by Donna DiMaggio Berger, Esq., February 2, 2014
Without exception, every set of association governing documents I have reviewed over the last two decades has contained a restriction which states that the property is to be used for "single family residential usage" or words to that effect. Read more
Board Owner Do’s and Don’ts
posted by Lisa Iannucci, The South Florida Cooperator, February 2014
It only takes a few minutes of a web search to uncover the traits that make a successful person or business owner. But what make a board, which is made up of individuals volunteering their time, a successful one? Read more
Condo and HOA Board Meetings: Drafting an Agenda
posted by William B. Campbell III, VP of Sales and Marketing, Campbell Property Management, February 17, 2014
 It is not uncommon for Board meetings to run longer than planned. For the most part, Board meetings should not take longer than two hours. In order to avoid meetings taking longer than expected, it is important to have a Board Agenda planned for each meeting. Read more
Making the Switch: Transitioning from Sponsor to Owner Control
posted by W.B. King, The South Florida Cooperator, February 2014
The goal of any property developer is to sell units, but until that objective is reached, the developer assumes all the day-to-day responsibilities to ensure smooth operations and continued sales. This requires wearing many hats—manager, board member and ombudsman. As a result, it is often a relief when control of the property is handed over to actual members of the association. Having said that, the transfer isn’t always the smoothest of processes. Read more
Material Alterations
posted by Jeffrey Rembaum, Esq., February 24, 2014
 Recently, several readers inquired about the legal concept referred to as a “material alteration” which was best defined in 1971 by the Fourth District Court of Appeals in the seminal case, Sterling Village v. Breitenbach. In this case, the court examined whether the installation of glass jealousy windows on a screened lanai constituted a material alteration of the common elements. Read more
Are People Using Service Dogs to Abuse the System?
posted by Lindsay Raphael, Esq., February 20, 2014
I’ve written quite a few times about service animals and emotional support animals. As an association/transactional attorney, I come across many instances where the association is skeptical about whether a resident who claims their dog should be allowed to reside on the association’s no-pet property should be permitted solely because the dog is registered as a service animal. Sadly, for $149 a healthy person can get their dog certified as a service animal and take them almost anywhere including planes and restaurants. Read more
Don’t Lose Money Because of Sloppy Bookkeeping
posted by Lisa Magill, Esq., February 19, 2014
About 2 ½ years ago I wrote about a case involving the Wellesley at Lake Clark Shores HOA which lost out on collecting close to $2,000 in interest and late fees and also lost out on collecting a whopping $10,000 in attorney’s fees due to bad record keeping. The Court, in that case, said that the association’s accounting methods were “woefully inadequate” to collect money as a result of the Claim of Lien filed against the property. Read more
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