Naturally there is the sense that incumbent board members have access to emails and other information that might not be readily available to other candidates particularly if those email addresses were not provided in conjunction with a consent to receiving notices electronically. Letters, candidate information...
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...
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...
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...
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...
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...
If your community is a seasonal one that tends to thin out over the summer months, what rules or policies do you have in place to ensure that your association continues to operate smoothly and transparently over the summer months? The less crowded summer months in...
Every year, I attend many of my clients' annual meetings and elections and it is always disappointing when some members' election ballots must be discarded due to avoidable errors. For Florida condominiums and HOAs who have adopted a "condominium style" election process, the election protocol that...
Historians believe that the ancient Babylonians were the first people to make New Year's resolutions approximately 4,000 years ago. During a religious festival known as Akitu which lasted for a lengthy 12 days, the Babylonians crowned a new king or reaffirmed their loyalty to the...
HOAs certainly have their share of detractors. Many HOAs operate a community of detached, single family homes which begs the question: it's my house; it's my yard; other than the local building code, why should my HOA be able to restrict what I can do...
