Tag "Florida"

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Community tries to go green with LED streetlamps, but FPL makes it tough (FL)

The Valencia Lakes Homeowners Association wants to do the economical, eco-conscious thing, but has run into roadblocks with the electric giant

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Foundation commissions needs assessment of greater Sun City Center (FL)

“(The assessment) is the best way for us not only determine community needs but also to look at services currently being provided and identify any gaps,”

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House bill could damage Florida’s real estate recovery

House Bill 1357 would result in placing new restrictions on an association’s ability to collect past-due assessments

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Collection Options For Community Associations Limited By Court Ruling: The Role Of Lis Pendens In Exclusive Court Jurisdiction

….when where a bank files a lis pendens against a property, the Court in which the case is filed obtains exclusive jurisdiction over all encumbrances on the property

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Condominium Fire Sprinkler Retrofitting in Florida

In 2003, the Florida Legislature enacted 718.112(2)(l) as a statutory scheme to require the retrofitting of fire sprinklers for residential condominiums

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Florida Condominium and Homeowner Association: Know Your Governing Documents and Florida Law

These types of associations are typically governed by declarations/covenants and restrictions, as well as bylaws and articles of incorporation

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Lake Worth (FL) seniors raise a stink over trash collection dispute

There’s a stink in Lake Worth that has residents at one mobile park home holding their noses.

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HOAs not getting equal rights: Department helps condo associations, not HOA residents

only condo association members are getting state assistance to hold board officers accountable

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Celebration (FL) residents held responsible for roof repairs

Residents in the community of Celebration have been living under blue tarps because of leaking roofs and mold they have been living with for years

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Tampa (FL) condos consider drone ban

Two Tampa condo towers are trying to ban people from using drones on their property

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Preparing for Turnover – What a Developer Should be Mindful Of (FL)

developers should plan ahead and be mindful of the turnover process.

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Nuisance in Florida Condominium Associations

Generally, nuisance is defined in Black’s Law Dictionary as “a condition or situation that interferes with the use or enjoyment of property

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Appellate Ruling Illustrates Importance of Proper Service of Process and Procedural Steps in Foreclosure Cases (FL)

Associations have been counseled for the last several years to move quickly to foreclose on units in cases of prolonged lender foreclosures

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Condominiums And HOAs In A Growing Tech World: Drones (FL)

This begs the question of whether there are limitations condominiums and HOAs can impose on the ability of residents to use drones within the community

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Drone Regulation in Florida Community Associations – Part Two

The drone has a camera on it, and we are feeling like our privacy is being invaded. What can we do?

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Is Your Condo Following the Proper Reserve Protocol?

Contrary to common misconceptions, Florida Statutes require that associations must present a fully funded reserve to their fellow unit owners.

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Hills POA sues Jackson County (FL) for $9.2 million

the lawsuit “compels the county to give an accurate accounting of the assessments collected from the lot owners in the subdivision

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Association limits campaign signs in common areas

Q: I am a candidate for the board of my condominium association. I made some campaign posters which I posted in the community center to announce my candidacy and to introduce myself to the owners. The association told me that

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Florida Lenders Not Required to Compete with Homeowner Associations to Foreclose Where Lender’s Lis Pendens is Recorded First

The Fourth District Court of Appeal recently issued another opinion reversing an HOA’s final judgment of foreclosure for lack of jurisdiction

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Jury awards Panama City Beach (FL) condo association $12 million

A jury has awarded nearly $12 million in damages in a lawsuit against several former directors of the association

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Arbitration Ruling Illustrates Associations Cannot Impose Certain Rules, Prerequisites for Granting of Records Requests by Unit Owner

cannot impose rules and prerequisites that are outside of the scope of the statute to deny such requests

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Top county official accused of keying car in neighborhood spat (FL)

After a lifetime in law enforcement, Ron Cacciatore now finds himself on the other end of a criminal investigation, one with roots in the most mundane of South Florida scraps – a homeowner association dispute

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How the Save Calusa Trust Case and Proposed Legislation Impacts Florida Property Owners and HOAs

The Florida Marketable Record Title Act (“MRTA”) was enacted in 1963 to simplify conveyances of real property

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Condo Association Bylaws May be Path to Board Takeover (FL)

A recent ruling by the Florida Second District Court of Appeal has clarified that a clause which is commonly found in many condominium association bylaws enables representatives of entity-owned units to have multiple individuals serve as members of the board of directors

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Re-Recording Judgment Liens: The Importance of Timing

One of the most common misconceptions of non-lawyers regarding the practice of law is that a civil case ends upon conclusion of a trial

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Electronic Voting: Changes Made To Proposed Rules By The DBPR

electronic voting rules and guidelines proposed by the Department of Business and Professional Regulations, there have been revisions to those rules

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Association Lawyers Get New Florida Bar Certification

The new certification was years in the making. It sets out several minimum standards, including at least five years of practice in condo and planned development law

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Perfecting a Judgment Lien (FL)

A judgment obtained by a Florida court becomes a lien on the judgment debtor’s real property when it is properly recorded

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Florida Homeowner Associations and Federal Income Tax Considerations

HOAs have two options for purposes of federal income taxation

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Judge sides with Waterlefe MPOA (FL)

Judge has ruled in favor of the Waterlefe Master Property Association in a lawsuit that has divided the Waterlefe community for more than four years

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Court gives go-ahead to airboat-noise lawsuit (FL)

A state appeals court cleared the way for a homeowners’ association to pursue a lawsuit seeking to bar airboats from a lake because of noise

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Carbon monoxide poisons Orlando (FL) family, condo building

Six people were taken to a local hospital early this morning with carbon monoxide poisoning

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Community Association Life: Buck stops with board of directors

Our association has become very political and appears to be at a stalemate due to fear and disagreement

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Litigating Construction Defects in Community Association Property: Part 1

The Board of a Condominium Association or Homeowners Association has many decisions to make when it discovers telltale signs of construction defects in common property

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Pudlit Revisited: Caution is Recommended for All, Including Condominium Associations

Pudlit…has made the collection of assessments a larger challenge against parties that buy property at mortgage foreclosure sales

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Failed Condo Project in Ft. Lauderdale Lands Donald Trump in Florida Appeals Court

The plaintiffs in the two active cases, sued Trump after they couldn’t get their deposits returned on units in the foreclosed building

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Florida Playground Safety Act – 2016 Proposed Legislation

This bill, if enacted into legislation, would cover safety concerns for playgrounds that are open to the public

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Does Florida law require directors to be full-time residents?

FL law does not even require directors in a condominium association to be owners of a unit in the association, let alone full-time residents

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Voting by secret ballots on condo upgrade not allowed

Simply put, does Florida law permit any type of “secret voting process” in this matter?

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Community Association Institute (CAI) Joins Forces with the Community Advocacy Network (CAN) in the Fight Against Specially Taxing Homeowners – Vote No HB 203/SB 722

negative implications HB 203 and SB 722 would have on the 9 million residents living in Florida condominiums and homeowners associations

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Community Association Life: Security responsibility is complicated issue

Does my HOA have any responsibility with respect to the perimeter security?

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New Home Nightmares: First Coast News Investigates

Each year, tens of thousands of people buy new homes in Florida. Most do so with the belief that a new home will have fewer problems and headaches than an older one.  But a First Coast News investigation has found

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Lawsuit: Property manager embezzled $228,000 from condo association

A property manager at a 100-unit condo on Hollywood Beach embezzled $228,000 from unit owners during a two-year period, according to a lawsuit filed by residents.    View the news report………..

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Gated communities swiping driver licenses may be illegal (FL)

I thought I was the only person who didn’t want my driver license swiped at the entrance of some gated communities in Lee and Collier counties.  I have no idea what these people are doing with the information they are

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Environmentally friendly lawn? Not so fast (FL)

In a lawsuit advancing more slowly than grass grows, a new judge is pushing for a trial this summer over a neighborhood association’s complaint that landscaping meant by a resident to be environmentally friendly is not aesthetically appropriate.  Jeffrey and

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Florida House Adjourns Sine Die: CALL Alert for April 28, 2015

In a surprise move, the House of Representatives adjourned “sine die” today. The 2015 Legislative Session was scheduled to last until Friday of this week, although we knew that there would be a special session or an extended session because

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HOA oversight bills DOA in Tallahassee (FL)

Homeowners hoping for more state oversight of the association boards that rule their communities are out of luck this year as legislation to increase scrutiny of HOAs died for lack of support in Tallahassee.    Read the article………..

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Condo bill passes House Finance & Tax on party-line vote (FL)

A bill to continue Great Recession-era relief to homebuilders and bulk buyers of bank-owned condominiums was approved in House Finance & Tax during a Monday afternoon meeting held specifically to consider the proposal.     Read the article……….

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A Review of Some Best Practices for Association Annual Meetings, Elections

As the season for annual meetings and elections at South Florida community associations comes to a close, our firm’s other community association attorneys and I are reminded of the significance of following all of the necessary protocols to ensure that

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