Can Master Condominium Associations Revitalize Covenants?

Excluding certain covenants, including a condominium association’s declaration of condominium, Florida’s Marketable Record Title Act (MRTA) may begin to extinguish covenants not sooner than 30 years after they are initially recorded. At times, a master condominium association may administer its declaration of condominium and other covenants recorded against non-condominium property. Therefore, it is crucial to […]

Use of Consumer Reports in Determining Approval for Sales and Leases – Is your Association in Compliance?

Community associations have an interest in the safety and integrity of their communities. Generally speaking, boards of community associations would like to be reasonably certain that potential owners, renters and other occupants have the financial capability to meet their financial obligations. Also of concern are potential purchasers’ and tenants’ criminal backgrounds, if any, so as […]

Creating Conditions that Lead to a Horrific Accident does not Always Create Legal Liability

From a recent Fourth District Court of Appeal case, Seminole Lakes Homeowner’s Association, Inc. v. Esnard, decided December 19, 2018, we once again learn that application of prior case law sometimes creates strange and convoluted results. Just because an association negligently creates obvious conditions for an accident to occur does not necessarily mean the association […]

What do you Mean, I can’t Bring my Own Personal Trainer to the Clubhouse Gym?

In the recent Fourth District Court of Appeal case of Charterhouse Associates, Ltd., Inc. v. Valencia Reserve Homeowners Association, Inc., decided November 28, 2018, the Court determined whether a homeowner is entitled to bring their own personal trainer to the association’s fitness center where the association’s board of directors enacted a new rule prohibiting private […]

Nuisances – What is a Board to do?

The dog barks, and the parrot squawks. A neighbor is cooking with too much garlic, again. An owner is smoking non-stop on their balcony making it unpleasant for everyone else. A neighbor, several neighbors, or even many neighbors are complaining to the board. What is a community association board to do? In dealing with any […]

The Condominium Fire Sprinkler Retrofit and Engineered Life Safety System Requirements

There appears to be some confusion surrounding the compliance date of the Engineered Life Safety System for those condominium associations that previously voted to opt out of the requirement to install condominium fire sprinkler retrofit. What is not confusing is that the safety of all occupants living in high-rise condominiums is paramount. No one wants […]

What a Difference a Day Makes – The Need for Strict Compliance with Fining Notice Requirements

The ability to impose a fine on an owner who has violated the conditions and regulations of a community association is one of the tools an association may use to bring about compliance with its governing documents. Notwithstanding the provisions regarding the fining process that may be set out in the association’s governing documents, the […]