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Condo Q&A: Boat lift beyond HOA’s control?

Question:Our HOA Architecture Review Committeehas denied a member’s request to install a boat lift behind his property on the Intracoastal Waterway. The property owner maintains the ARC has no authority since this area is outside the geographic boundaries of the

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Courts eliminating backlog of foreclosure cases

While Florida continues to put up alarming foreclosure numbers, Circuit Court Judge Howard Maltz of St. Johns County is starting to see stats he likes.    Read more……..

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Alliance Delivers Community Association Concerns to Legislators in Tallahassee

The Alliance of Delray Residential Associations’ Legislative Delegation visited the office of EVERY Senator & Representative on Palm Beach County Day to deliver written concern over SB1348.       Read more………

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Condo Unit Owners Need To Be Mindful When Alterations Encroach On Common Elements

Question: A first floor unit owner in our condominium decided to pour a concrete slab on the common grounds abutting the building behind his unit. Then, he enclosed it with a screen cage. He did not ask for board approval.

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Security, gate upgrades on minds of many in Lakewood Ranch (FL)

Concern has grown after two mid-morning break-ins were reported in February in the Thornhill community on the golf course, when sliding doors in the back of the homes were jimmied open. The burglaries came just as residents said they were

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Man Hangs KKK, Confederate Flags Above Florida Home

A self-proclaimed recruiter for the Knights Party of the Ku Klux Klan is drawing attention for the KKK and Confederate flags he has been flying above his West Boca Raton home.   Read more…….

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Elderly Man Faces Homelessness After Being Evicted For Growing A Garden (FL)

Rules are rules and the homeowners association inside Royal Manor Estates in Boynton Beach follows them very closely. That’s why a 4′ x 8′ garden outside the home of Israel Negron has put management over the edge and the Negron

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Will condo members pay to fill up their neighbor’s electric car?

They are starting to show up in parking spaces and garages in condominiums around town. The Volts, the Leafs, the Focuses, the Fits, the Teslas and more makes are on the way, such as the Sparks, the iQs, the ActiveEs

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Disabled Pasco (FL) woman sues nudist community (HOA) over service dog

At Paradise Lakes Resort, the rules for clothing are loose. In fact, there are no rules for clothing — it’s optional. The rules for pets? More restrictive.     Read more…….

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On the receiving end of a stern talking to (just for fun)

Please let this missive serve as a warm welcome to our gated, chi-chi, hotsy-totsy, insanely upscale neighborhood. All the best for the coming Tampa Bay Buccaneer season in which we sincerely hope you manage to catch more than 22 passes

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Woman faces $15K fine for pond she didn’t know she owned (FL)

You see retention ponds everywhere, from the highways to subdivisions. Mazzetta James has a retention pond in her Crystals Springs Road subdivision and just discovered the pond is her responsibility.     Read more………

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Chevy Volt Charging Cord Cut: Angry Neighbor, Electric-Car Hater? (FL)

Owning a plug-in electric car, as buyers learn, is a process of educating the public at large. Mostly, people are curious when they see a car plugged in to recharge. But occasionally, uglier emotions come into play.     Read more…….

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Are People Using Service Dogs to Abuse the System?

I’ve written quite a few times about service animals and emotional support animals. As an association/transactional attorney, I come across many instances where the association is skeptical about whether a resident who claims their dog should be allowed to reside

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Lenders Win Another Decision Barring Community Associations from Collecting Interest, Costs and Fees in Addition to Assessments (FL)

The recent decision in the case of United States of America v. Forest Hill Gardens East Condominium Association, Inc. and Forest Hill Gardens Property Owners’ Association, Inc. serves to clarify an issue that many community associations have faced in years

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Common Fire Hazards in a Condominium

I don’t know about you but my biggest fear living in my condo is a fire. And it makes me even more nervous that I may not have enough time to get my pets out of the burning condo should

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Florida man fined by HOA for flying Wounded Warrier flag – another George Andreas?

Many homeowners are aware of Florida’s “Flagman” George Andreas, a former Marine who was sued several by his HOA over a decade ago, for flying the American flag. Although Andreas lost, the lawsuit garnered nationwide attention. George Andreas and Attorney

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Are Videos Taken At The Entrance Gate Of Condos And HOAs Considered Official Records? (FL)

Question: Does an association member who is delinquent in the payment of assessments have a right to review the video taken at the community’s entrance gate of vehicles entering the community?      Read more……..

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Former Hallandale (FL) condo manager gets 10-year sentence in kickback scheme

The former manager of a Hallandale Beach condo complex was sentenced to 10 years in prison Friday for participating in a kickback scheme that fleeced unit owners out of more than $3 million.    Read more…….

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Lakeville snowbird campaigns for right to drive electric car at condo

Lakeville resident and Florida snowbird Paul Least celebrated his 77th birthday in West Palm Beach on Dec. 8 with a party attended by 150 guests, and by buying himself a present: a new $50,000 Nissan all-electric powered Leaf. Now Paul

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Highland City (FL) Homeowners Association Treasurer Gets Probation

A homeowners association official was sentenced Friday to five years of probation for stealing more than $14,000 from the association.    Read more…….

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Former Hallandale Beach condo manager pleads guilty in kickback scheme

The last remaining defendant in the alleged kickback scheme that cost Hallandale Beach condominium owners more than $3 million has pleaded guilty, his lawyer said Friday.     Read more……

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What to do when your get into a fight with your HOA

Some of the residents who call Belfair Park townhomes home question how their association dues are being spent. Brian Dechane and several of the 10 residents point to the declaration and bylaws that state the developer is responsible for lawn,

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Judge rules Bimini Bay (FL) developer must sever ties with HOA

A Polk County circuit judge has added his voice to those of legislators and homeowners in trying to distance Lake Mary developer David Meadows from a homeowner association Meadows created in 2001.     Read more……

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Luxury Fort Lauderdale (FL) condo bans smoking inside units

When the AquaVita Las Olas condominium opens late next year in the Hendricks Isle section of Fort Lauderdale, buyers will be able to swim in a salt-water pool, come and go in private elevators and park their boats steps from

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Will condominium no pet policies become obsolete?

These days it seems like most people who live in no-pet condominiums are suffering from depression, anxiety or some other type of “disability” that cannot easily be verified. So what do these owners do? Well some may say that these

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CityPlace (FL) condo tower accused of discrimination

A non-profit housing group alleges racial discrimination in a lawsuit filed Monday against the operators of the South Tower CityPlace condominium in West Palm Beach.    Read more…..

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Court rebukes delinquent landlord who attempts to evict tenants paying rent to condominium association (FL)

An Orlando case which was heard on July 24, 2013, will hopefully send a strong message to delinquent landlords in community associations who attempt to interfere with their tenants tendering rent to the association pursuant to Florida law. In the

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Deputy (FL) mounts costly legal battle against HOA to keep dog

A Palm Beach County Sheriff’s deputy is facing a costly legal battle to keep his 4-year-old mixed-breed dog Sasha, after the Homeowners Association at his Whispering Woods neighborhood told him he was breaking its rules and must get rid of

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Perdido Sun Condominium Association, Inc. v. Citizens Property Insurance Corporation Case No. 1D13-1951 (FL)

Perdido Sun Condominium Association v. Citizens Property Insurance Corporation, First District Court of Appeals Case Number 1D13-1951. This case, a Hurricane Ivan claim originally filed in Escambia County, now is before Florida’s First District Court of Appeals and, according to

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Relatives of slain former paratrooper sue condo complex

Relatives of Vince Lee, 43, claim that the Eagle’s Glen condo complex at 3151 Landmark Drive, where Lee had been living since May 2010, failed to warn Lee of prior crimes in the area. The complex also lacked “adequate” lighting

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HOAs BEWARE: Being Litigious Can Cost the Association Its Insurance

Many of my blogs discuss the unfair advantage homeowner and condo associations have in disputes with homeowners. These unfair advantages are the result of the high cost of litigation and, in the case of HOAs, lack of regulation by the

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Can Associations Referee Neighbor vs. Neighbor Battles?

As anyone who lives in a condominium community can attest, things aren’t always so neighborly between residents that live within earshot of one another. Disputes occur for any number of reasons—from noise issues to malodorous complaints. When neighbors square off,

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Fight over dog feces DNA testing continues

Channel 4 told you about the Villa Medici’s new policy to DNA test dog feces on their property back in October. Monday night the complex had a meeting to discuss the new practice of matching pet owner’s dogs with dog

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Do you know what Air Bed & Breakfast is and how it might impact your community?

There is a relatively new concept in housing, however, that doesn’t require swapping an entire residence and it is gaining traction quickly as a way for people to earn a little extra money by renting out a room or rooms

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Condo association manager accused of grand theft (FL)

A former Port Charlotte condo association manager has been charged with grand theft after investigators say she stole over $7,000 over a span of three years from Loveland Courtyard Condos.  Read more…….

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Florida Homeowner Scores Permanent Injunction Against HOA After Guests Denied Entry to His Home

A circuit court judge has ordered a Central Florida homeowners association to stop its practice of denying homeowner guests’ entry into the community of homeowner as a way of forcing payment of past due assessments. Judge Marlene Alva issued a

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Florida Supreme Court reaffirms court’s inherent right to appoint receiver for condominium

Today the Florida Supreme Court published an opinion in Granada Lakes Villas Condominium Ass’n., Inc. v. Metro-Dade Investments Co. affirming a court’s inherent authority to appoint a receiver for an association. The Court ruled that the court’s authority to appoint

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Sanford bans guns from neighborhood watch patrol after Zimmerman case

The new police chief of Sanford is shaking things up nearly 2 years after the shooting death of Trayvon Martin put the Florida community in the national spotlight.  Read more…….

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Marco Island man in battle over need for service dog in no-pet condominium

When Larry McKay gets up in the morning, he reaches for Kane to brace himself and walk through his Marco Island condo. If he falls, the 80-pound Boxer is immediately at the 56-year-old disabled man’s side to help him up.

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FL: Police investigating property manager over missing funds

Law enforcement is investigating a Gainesville property management company after several homeowners associations reported that money was missing from their accounts.  Read More……

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FL: Robert Bucchere arrested in Ocean Ridge on charges that he stole $62,000, police say

Robert Bucchere has been arrested by Ocean Ridge police on charges that he took almost $62,000 from the Wellington Arms Condominium Association.  Read More……

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