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