Few aspects of condominium and cooperative association operations are as heavily regulated as the budgeting process and yet too many boards take an informal approach to these crucial director functions. From Section 718.504, which lists the required operating expense categories, to Section 718.112, which delineates the...
In 2012, the New Jersey Supreme Court ruled 5-1 that a condominium owner could place election signs on his front door and side window of his townhome over the objections of his association. Wasim Khan, an oncologist who was a Democratic candidate for the Morris County Board...
Florida condominiums, cooperatives and, to a lesser degree, homeowners' associations are subject to the imposition of fines and penalties by the Division of Florida Condominiums, Timeshare and Mobile Homes ("Division") for a variety of mistakes and missteps. The Division plans to pass sweeping changes to...
With the midterm elections right around the corner in what can only be described as a politically charged environment, what would you say if a member of your condominium association wanted to invite a political candidate to speak in your community? Would your answer change...
Florida’s 2019 60-day Legislative Session will begin on March 5, 2019 and is expected to end on May 3, 2019. The Florida Fire Protection Code, Section 31.3.5.12 of the National Fire Protection Association (NFPA) 101 requires existing (pre-1992) “high-rise” buildings which are not otherwise exempt to...
Many boards focus on only a few provisions of the contracts they sign. What service or materials are they getting? What are they paying? When will the contract commence? Far too many other crucial provisions are overlooked as boilerplate. Indemnification clauses are often seen as part...
On any given day in any given Florida community association, a manager or director may receive a frantic call from a real estate or title agent about an upcoming closing. These frantic calls typically include an immediate request for information in the form of affidavits,...
Many of my conversations with my association clients involve an evaluation of their rules and regulations and their available enforcement tools. We regularly discuss how previously overlooked rules can be revived through a process known as republication so the Board can once again enforce them...
Over the years, I've met thousands of people living in shared ownership communities and without fail, at least one person in every community questions the mental health of someone in their community. Sometimes the suspect serves on the board, other times it is the person...
It's likely that at some point during your community's lifespan, new construction will occur nearby and the impact on your residents will vary both short and long-term depending on the steps your Board takes early in the process. Sometimes new construction is welcomed enthusiastically by...
