WHEN IS A MEETING A MEETING? ARE YOU SURE?
Sometimes you just have to shake your head in amazement at some of the laws that exist. Here’ an example: We all know that a “Meeting of...
Read: WHEN IS A MEETING A MEETING? ARE YOU SURE? →Florida condo & HOA news
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Written by Eric M. Glazer · Florida attorney
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INDEPENDENT CONTRACTOR AGREEMENT
This INDEPENDENT CONTRACTOR agreement is entered into by and between Annael Harrrar (contractor) and CLS DISTRIBUTORS, FL. LLC,...
Read: INDEPENDENT CONTRACTOR AGREEMENT → WHERE DO WE START? IN COURT? MEDIATION? ARBITRATION?
If there is one discrepancy between condominium and homeowner association law that makes absolutely no sense, it’s the laws regarding...
Read: WHERE DO WE START? IN COURT? MEDIATION? ARBITRATION? → DID YOU GET IT IN WRITING
We have all been in circumstances where someone promised something, reneged on that promise and we wished we had the original promise in writing. “Getting it in writing” can also be crucial in the condominium and HOA context. Several years ago our firm successfully argued the case of Curci Village…
Read: DID YOU GET IT IN WRITING → LITIGATION LIMITS
We all know that condominium and homeowner associations sue and get sued all the time. Are there any specific obligations to inform the unit owners that the association has filed suit? Are there any specific obligations to inform the owners or potential buyers that the association has been sued? Believe…
Read: LITIGATION LIMITS → MAKING YOUR COMMUNITY A FRIENDLIER PLACE
Today is my 51st birthday. I’m also in London at the moment taking in the sights with the family. We’ll also get to see Paris, Amsterdam and Bruges. A fun and exciting week lies ahead. And then, it’s back home to the HOA that I live in and the condominium association I work in. Today, I’m obviously in…
Read: MAKING YOUR COMMUNITY A FRIENDLIER PLACE → DO YOU NEED TO RECORD YOUR RULES AND REGULATIONS?
We all know that if you live in a condominium, your declaration of condominium and all amendments need to be recorded in the public records in the county where the condominium is located. If you live in a homeowner’s association, your declaration of covenants must be recorded. Your bylaws should also be…
Read: DO YOU NEED TO RECORD YOUR RULES AND REGULATIONS? → WHEN AN OFFICER OR DIRECTOR’S CONDUCT CROSSES THE LINE
Florida Statute 718.111(d) states: An officer, director, or agent shall discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner he or she reasonably believes to be in the interests of the association.…
Read: WHEN AN OFFICER OR DIRECTOR’S CONDUCT CROSSES THE LINE → WHAT ARE CATEGORY ONE AND CATEGORY TWO RESTRICTIONS?
Over the past two weeks, we have been discussing the power and authority of Boards to pass rules and regulations. We discussed the fact that a board may have gone too far in making a rule as they really did an unauthorized amendment to the declaration. The question for today’s blog is what makes the rule…
Read: WHAT ARE CATEGORY ONE AND CATEGORY TWO RESTRICTIONS? → DO BOARDS HAVE UNLIMITED AUTHORITY TO MAKE RULES?
Inherent in the condominium concept is the principle that to promote the health, happiness, and peace of mind of the majority of the unit owners since they are living in such close proximity and using facilities in common, each unit owner must give up a certain degree of freedom of choice which he might…
Read: DO BOARDS HAVE UNLIMITED AUTHORITY TO MAKE RULES? → CAN THE ASSOCIATION LIMIT THE NUMBER OF OCCUPANTS IN A HOME?
Some governing documents contain language that limit the number of people that can live in a unit. For example, the declaration may say something lie “no more than two persons can live in a one bedroom unit” or “no more than four persons can live in a two bedroom unit.” The question is…..are these…
Read: CAN THE ASSOCIATION LIMIT THE NUMBER OF OCCUPANTS IN A HOME? → SHOULD RESERVES BE MANDATORY?
Ihate beating around the bush, so I want to get to the point. A financial crisis is coming and it’s going to be a big one. It’s also going to hit those that can least afford it. It’s going to result in massive amounts of foreclosures. It’s going to result in countless cases of elderly persons being…
Read: SHOULD RESERVES BE MANDATORY? → Post Turnover: The Job of the New Board of Directors
Over the last two weeks, we spoke about the events that trigger turnover and what the developer’s responsibilities to the association are at turnover. Now comes the hard part. It is important to understand that the first Board of Directors comprised solely of the unit owners has an awesome responsibility.…
Read: Post Turnover: The Job of the New Board of Directors → CONDOMINIUM AND PLANNED DEVELOPMENT LAW RECEIVES SPECIAL RECOGNITION
With the thousands of condominium and HOA communities built in the last two decades or so, it was inevitable that The Florida Bar would, and has now officially, recognized Condominium and Planned Development Law as an area of the law where practicing attorneys can distinguish themselves by becoming Board…
Read: CONDOMINIUM AND PLANNED DEVELOPMENT LAW RECEIVES SPECIAL RECOGNITION → THE TURNOVER PROCESS: SIMPLIFYING THE PROCESS - REDUCING THE FEAR
New condominiums and HOA communities continue to get built all over the state. The developer gets to control the community while the place is being built and sold, but perhaps the most critical time period in the entire existence of either a condominium or homeowner’s association is when that control of the…
Read: THE TURNOVER PROCESS: SIMPLIFYING THE PROCESS - REDUCING THE FEAR → TURNOVER – PART 2
Last week, we discussed when turnover from developer control to unit owner control is triggered. Relinquishing control of the Board of Directors is not the only responsibility of the developer at the time of turnover however. What Documents Must Be Turned Over by the Developer at Turnover? Generally…
Read: TURNOVER – PART 2 → 55 AND OVER COMMUNITIES – HOW TO BECOME ONE AND STAY ONE
Yesterday was a big day. I turned 50. It’s a time to not only reminisce about the past, but also a time to think about the future, and retirement and whether or not a “retirement community” or “55 and over” community is in the future. So, what actually is a “55 and over” community? Generally speaking,…
Read: 55 AND OVER COMMUNITIES – HOW TO BECOME ONE AND STAY ONE → SO WHAT ACTUALLY GETS INSURED?
So you did your job as a director and you made sure to purchase insurance for the association. So what is actually insured? Florida Statute 718.111 says: f) Every property insurance policy issued or renewed on or after January 1, 2009, for the purpose of protecting the condominium must provide primary…
Read: SO WHAT ACTUALLY GETS INSURED? →Read it. Then watch it.