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Summer is Ahead: Is Your Community Pool Ready?

 On July 3, 2010, a disastrous diving accident occurred at a swimming pool  located within a Palm Beach county condominium complex. The accident involved a tenant who had recently moved into the condominium complex, unaware that a leisurely trip to the complex pool would result in a life changing injury. The pool was built in [...]

By | March 26th, 2015|Articles|0 Comments

“Payment in Full” – Be Careful- It May Be!

Negotiating a check which indicates “payment in full,” may estop the Association from collecting any more funds from that owner, regardless if they legally owe more. Recently, a Florida Appellate Court ruled that an Association’s cashing of a check which included a restrictive endorsement (e.g., paid in full) is considered the full accord and satisfaction [...]

By | November 12th, 2014|Articles|0 Comments

Marijuana: Coming Soon to an Association near you…. 

On June 16, 2014, Governor Rick Scott signed two bills into law, collectively referred to as Charlotte’s Web, which legalize the use of marijuana to treat conditions such as epilepsy, Lou Gehrig’s disease, and cancer.  As medical marijuana laws continue to spread across the nation, so too will the number of dispensaries and individuals permitted [...]

By | July 14th, 2014|Articles|0 Comments

Bullies on the Board? Don’t get stiff Armed!

It’s great when board members are serious about their job, but, often times, disastrous when one board member decides to take his or her job too seriously. That’s when it is up to the rest of the board to intervene. Anyone who has ever served on a board knows how difficult and time-consuming it is [...]

By | May 30th, 2014|Articles|0 Comments

“Shame List” of Delinquent Owners – To Publish or Not to Publish?

Board members often ask if they can expose these delinquent owners by publishing their names in a newsletter or by adding such information to the minutes of a board meeting. Although such “shame lists” can sometimes motivate owners to bring their accounts current, the risks far outweigh the rewards. The most compelling reason is that [...]

By | January 14th, 2014|Articles|0 Comments

Monkey Business – May Be Allowed in Your Community!

Can your declarations stop your neighbor from operating a cleaning service from their home? With today’s technology, it has become much easier to run a business from one’s home. That, combined with the current economic climate, has resulted in more home-based businesses than ever before—and the number is only expected to increase. For a condominium [...]

By | November 20th, 2013|Articles|0 Comments

Don’t Pet That Pooch

Richard Sanzare was bitten by a dog owned by two people who leased a residence in the Coconut Key community. The bite occurred while Sanzare walked his own dog on a non-dedicated street running through the community, a “common area” owned by the Association. Sanzare filed a negligence action against the Association for the dog-bite. The Association then moved [...]

By | September 20th, 2013|Articles|0 Comments

$12 Million Reasons Your Associations Need Liability Insurance

On January 16, 2011, Andrew Curtis, a nine-year-old boy, and his father were riding their bicycles on U.S. Highway 1 in the town of Jupiter, Florida. Andrew was following his father as the two approached the driveway of the Villas on the Green Condominiums. While Andrew’s father passed the driveway without incident, as Andrew began [...]

By | August 15th, 2013|Articles|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