An Association’s Right to Deny Property Transfer

The other day, board member Earl P. asked if a clause in his association’s declaration was enforceable. The clause provided that “before an owner can sell their unit, the association, in its sole unfettered discretion, must approve the transaction.” Well Earl, if that is the entirety of the clause, then it is very likely this type […]

Storm Damage and the Misunderstood Public Adjuster

The storm is over and sadly the association’s clubhouse is damaged. The manager calls the association’s insurance company to report the claim. They arrange for their “adjuster” to survey your damage and issue a report. The insurance carrier reviews the report and determines the association’s entitlement for the loss it suffered. So far, the board […]

Dont’ Be Guilty of Unauthorized Practice of Law

Consider this: A quasi-governmental utility company, let’s call it “Florida Electric” (a fictitious company) seeks to enter the sprawling common areas of several sub-associations to do some below ground work necessary to provide better service. While each sub-association is managed by the same management company, each sub-association is represented by a different law firm. The […]

A Community Association Member’s Bill of Rights

Living in a community association brings with it many obligations and responsibilities such as the need to pay assessments and maintain your property.  Additionally, living in a community association also means that every member has certain basic rights.  Do you know your rights? YOUR BILL OF RIGHTS  1)    The right to receive at least 48 […]

A Not So “EASY COME,” but a Very “EASY GO” – No Implied Warranties for Off Site Improvements for Homeowners Associations

For some time now condominium and cooperative associations alike benefited from the implied warranty of habitability for construction defect damages.  While these rights are codified in Florida Statutes Chapter 718 (the “Condominium Act”) and Chapter 719 (the “Cooperative Act”), there is no similar codification in Chapter 720 (the “Homeowners’ Association Act”). In plain English, and […]

Use Right Suspensions and Fining, and Protesting Board Action Through Non-Payment of Assessments

Not too long ago, both condominium and homeowners’ associations were provided legislative gift. Regardless of whether or not your community’s declaration provides for use right and voting right suspensions, and fining provisions, the Florida Legislature provided for them for you. They even provided the procedural mechanism to enact them, too. In so far as a […]

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