The post Cooking Up Community Connection with Tim and Lara Boyd of Mustard Seed Bistro first appeared on Florida Condo & HOA Law Blog ..read more

The post Crafting and Protecting Your Community’s Trademark with Becker’s Valeria Angelucci first appeared on Florida Condo & HOA Law Blog ..read more

The post “‘Estoppel Certificates’ and Other Disclosures Explained” – News-Press first appeared on Florida Condo & HOA Law Blog ..read more

The post “Video Cameras—for Surveillance Purposes Only” – Florida Community Association Journal first appeared on Florida Condo & HOA Law Blog ..read more

The post “Director Disqualifications Are Limited” – News-Press first appeared on Florida Condo & HOA Law Blog ..read more

Q: My homeowners association inconsistently enforces its rules. Rules often overlooked include bans regarding permissible animals and owning chickens on the property – none of which have been properly enforced. The association issued a new owner a violation notice, even though other homeowners have been keeping chickens. Does this set a precedent for how these rules will be enforced in the future? How can the association ensure that it equally applies its rules to everyone? (P.K., via e-mail) The post Neighbor Cries “Fowl” Over Chicken Ban first appeared on Florida Condo & HOA Law Blog ..read more

Q: I am in the process of selling my condominium unit and recently come across the term “estoppel certificate,” but I’m not quite sure what it means. Could you provide an explanation on exactly what kind of information is included on an estoppel certificate and just how much it typically costs to get one? I’d like to know whether it also covers any rule violations or possibly any other disclosures that I should be aware of before selling the unit. (E.L., via e-mail) The post “Estoppel Certificates” and Other Disclosures Explained first appeared on Florida Condo & HOA Law Blog ..read more

Q: It recently came to light that one of our board members has an ongoing dispute with another unit owner, resulting in the unit owner taking out a restraining order against the board member. This is very concerning. Shouldn’t this result in the board member being removed from the board of directors of our association? (C.H., via e-mail) The post Director Disqualifications Are Limited first appeared on Florida Condo & HOA Law Blog ..read more

I have been asked on a few occasions whether an association has to put insurance in the annual budget or whether it can just wait to determine the amount of the insurance, and specially assess for the same (without a line-item in the annual budget). Insurance costs have doubled, tripled or even quadrupled in the last few years. Many associations question, why put it in the budget when they have no idea what the actual amount will be? The answer is because Chapter 718, Florida Statutes, requires that insurance be part of the annual budget. Section 718.112(2)(f), Florida Statutes, provides as fo ..read more

The law specifically provides that Board members have a fiduciary relationship with the owners and requires Board members to disclose conflicts of interest. However, the law does not specifically address acceptable (and unacceptable) behaviors for discharging these responsibilities. As such, a Code of Conduct for Board members is a good idea to have so that all Board members have a better understanding of their responsibilities as Board members and the limitations of their office. A well-drafted Code of Conduct will address subjects such as: Participation in and attendance at Board meetings ..read more