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Best Practices for Hurricane Preparedness
It’s that time of year again. As the days get longer and the weather gets hotter, we know that hurricane season is fast approaching. Therefore, this is a good time to review some of the “best practices” to prepare for and protect the association in the event a...
Strict Compliance vs. Substantial Compliance – Not Knowing the Difference Can Cost You!
The Florida statues governing community associations often provide timeframes for notice to owners before the association can proceed with action, including passage of special assessments, adoption of fines and collections. While some statutory sections allow for...
Electronic Meetings and Voting Explained
Q: Can members of a condominium association vote electronically/remotely and can they be given their notices by e-mail? (K.R., via e-mail) A. Yes. As these terms are often confused, there are several distinct procedures that are often asked about: Electronic Voting...
Board Eligibility Set By Documents
Q: Can a spouse of a unit owner, who is not a co-owner of the condominium unit, serve on the board of directors for a condominium association (P.H., via e-mail)? A: It depends on the provisions of your condominium documents. Section 718.112 of the Florida Condominium...
Board Asks What It Can Do About Late Payments
Q: We have a condominium unit owner who has not paid dues in over a year. We would like to suspend their legal rights until they are paid up. May we do this? (M.L., via e-mail) A: Section 718.303(4)of the Florida Condominium Act (the “Act”) provides that where a unit...
What Are Limited Common Elements and Who’s Responsible?
The Florida Condominium Act defines limited common elements as those common elements that are reserved for the use of a certain unit or group of units, as specified in the declaration of the condominium. This definition indicates that the limited common elements are a...
The New Fannie Mae and Freddie Mac Lender Questionnaire:To Answer, or Not to Answer, That Is the Question!
The Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) recently issued new temporary requirements as an attempt to mitigate risk in community association loan underwriting. Many other industries within...
Reserve and Inspection Laws Changed
Consisting of what I would categorize as relatively minor changes to the sweeping building inspection and reserve laws enacted in 2022, here is a look at Senate Bill 154, which will become law upon signature by the Governor: Inspection Deadlines: The relevance of...
Minutes Must Be Kept Permanently
Q: How long must a 50-year-old condominium retain the minutes of the board of directors’ meetings? A: Section 718.111(12)(a) and (b) of the Florida Condominium Act requires that the minutes of all meetings of the condominium association, including meetings of the...
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