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Attorney-Client Privilege Are Litigation-Related Communications Between An Association, Attorney, and Management Protected
The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without...
Bulk Telecommunications Contracts
This Article aims to highlight issues the association should consider when looking to change or enter into a new bulk agreement. Bulk Agreements and the Law Before discussing specific issues with Bulk Telecommunications Agreements, it is worth noting that the various...
More on the Installation of Security Cameras
The installation of a security camera on condominium common elements is considered a material alteration or substantial addition to the common elements. In Sterling Village Condo., Inc. v. Breitenbach, 251 S.2d 685, 687 (Fla. 4th 1971), the court defined “material...
Statutes Limit Rental Amendments
Q: Recently, my homeowners’ association had the membership vote on amendments to our documents which limit leasing within the community. Previously, our documents did not contain any restrictions on leasing. The amendments state that all leases must be no less than 90...
Complaint Letters Must Be Produced
Q: I recently sent a letter to the board of my condominium association criticizing the condition of the landscaping at our condominium. I recently found out that the chairperson of the landscaping committee requested a copy of my letter, and the board gave it to her....
Honey, those neighbors are at it again! Call Code Enforcement!
There was a time, not so long ago, when Floridians could easily, and anonymously, report known or suspected violations of local ordinances and regulations to code enforcement. Neighbors could report their concerns about abandoned or unsafe structures, building without...
The Association’s Responsibility for Wildlife on the Property
As Floridians, we are familiar with various types of wildlife surrounding our neighborhoods. It’s not uncommon to spot feral cats and ducks while walking the dog, or large iguanas out on the golf course. And let’s not forget about the numerous alligators, as well as...
Can Gate Use Be Suspended?
Q: We live in a gated community. Recently, the board has begun voting at its meetings to suspend the automatic gate access of owners who are delinquent in their assessments. While I support aggressive collection efforts by the association, I am worried that this type...
Can You Have Rules Dealing With Children?
In 1988, Congress added “familial status” – defined as including those family groups with children under 18 – to the list of protected groups under the Fair Housing Act. Since that time, condominium and homeowner associations have been discovering that their various...
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