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Category: Common Elements

Can a Developer Retain the Right to Veto a Declaration Amendment After Turnover of the Association?

Can a Developer Retain the Right to Veto a Declaration Amendment After Turnover of the Association?

Surprisingly, the answer is yes. In the recent case of First Equitable Realty III, Ltd. vs. Grandview Palace Condominium … more

Posted in Amendments, Common Elements, Condominium Association, Developer Issues, Governing Documents, Homeowners Association, Turnover from Developer Control
Community Association Liable for Negligently Installed and Maintained Bollard

Community Association Liable for Negligently Installed and Maintained Bollard

In one recent appellate court case, J.L. Property Owners Association, Inc. v. Schnurr, 2022 WL 39421 (Fla. 4th DCA, January … more

Posted in Building Maintenance, Common Elements, Community Association, Condominium Association, Court Decisions of Importance, Homeowners Association
To Insure or Not to Insure? – Determining the Association’s Insurance Obligations in Townhome Communities

To Insure or Not to Insure? – Determining the Association’s Insurance Obligations in Townhome Communities

A frequent area of concern and dispute among owners and board members of townhome communities is the scope and extent of the … more

Posted in Building Maintenance, Common Elements, Community Association, Insurance, Townhomes
How “Minimal” Can Common Elements Be in a Condominium?

How “Minimal” Can Common Elements Be in a Condominium?

This was the question raised in the recent Florida Third District Court of Appeal case of IconBrickell Condominium No. Three … more

Posted in Common Elements, Condominium Association, Court Decisions of Importance, Governing Documents
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