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Construction Defects

Taking over a new community association from a developer is a risky thing. There is a lot to consider, and you can discover mistakes at any time – even after the developer turned over control of the community association. Has your self-managed association discovered construction defects in the community's buildings? Is it possible something was [...]

By | August 15th, 2013|Slider|0 Comments

About Community Living

Membership Means Organization Rules & Regulations Your Community Association is a non-profit corporation registered with the State of Florida. As such, it is managed by a Board of Directors whose purpose is to oversee the maintenance and operation of all common areas and facilities. The Board is also responsible for governing your community in accordance [...]

By | July 26th, 2013|Articles|0 Comments

A “Tail” of Two Doggies: Lessons of Both the Absurd and Practical in Dealing with Pet Cases

In my legal practice, few cases are more prone to absurd happenings, bizarre government policies, and expensive litigation than pet cases.  Well meaning associations set up rules to either prohibit pets all together or to limit their size, often in an effort to avoid having excessively large, loud, or potentially dangerous animals in the community.  [...]

By | July 21st, 2013|Articles|0 Comments

Florida Bar Looks at Issue of Managers and the Unauthorized Practice of Law

Due to a growing number of complaints, the Florida Bar's Standing Committee on the Unauthorized Practice of Law discussed the ever present issue of what constitutes "unauthorized practice of law" or "UPL" by community association managers.  There are approximately 15, 600 licensed community association managers currently active in the State of Florida.  Of those, the Department [...]

By | June 15th, 2013|Articles|0 Comments

How to Improve Collection Rates for Your Association

Collecting Assessments may be tough, but you have to do it if your association is going to survive. Most associations struggle with collecting delinquent assessments, but it is a necessity.  Assessments are usually the only source of income for an association, and any owner's failure to pay requires all of the other owners to pay [...]

By | May 30th, 2013|Articles|0 Comments

Associations as Debt Collectors

Is your association complying with the Florida Consumer Collection Practices Act? Why associations can no longer ignore fair debt laws. Historically, the originator of a debt was not considered a debt collector under any federal or state law for purposes of either the Federal Debt Collection Practices Act ("FDCPA") or the Florida Consumer Collection Practices [...]

By | April 15th, 2013|Articles|0 Comments

Sex Offenders in Your Neighborhood

How can you find out if there is a sexual offender or predator living in your neighborhood? What, if any, obligation does an association have to warn others of the sex offender, and what liability might it incur by doing so?

By | March 30th, 2013|Articles|Comments Off on Sex Offenders in Your Neighborhood

When Nature Attacks Your Community

What should associations do about the threat of wild animal attacks in their communities?

By | February 26th, 2013|Articles|0 Comments

Dealing with Difficult People

Being elected to the Board might have seemed like the hard part, but now that you are behind the wheel expect a lot of ungrateful backseat drivers. Congratulations on your election or appointment to the Board of Directors.  Now that you are in charge, everyone will see the wisdom of your policy suggestions, pay their [...]

By | January 29th, 2013|Articles|0 Comments

When Owners Threaten Violence

When an owner threatens violence against the directors of a community association, what can the board do to protect itself?  Why restraining orders may not be an option and what your association may need to do to protect itself. When owners become threatening or disruptive, it can leave your members or your board of directors feeling unsafe in [...]

By | January 2nd, 2013|Articles|0 Comments