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Category: Governing Documents

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, Uncategorized
Amendment Procedures in Master/Sub Association Communities with Neighborhood Voting Representative

Amendment Procedures in Master/Sub Association Communities with Neighborhood Voting Representative

We start with a question that is asked by every licensed community association manager, every director elected to a board, … more

Posted in Amendments, Community Association, Condominium Association, Court Decisions of Importance, Governing Documents, Homeowners Association
Rule Interpretation Conundrums

Rule Interpretation Conundrums

A recent Monroe County court case illustrates the importance of well drafted rules. In Biza Corp. d/b/a Galway Mobile … more

Posted in Community Association, Condominium Association, Governing Documents, Homeowners Association, Rules and Regulations
Be Reasonable, It’s Good Business Judgment

Be Reasonable, It’s Good Business Judgment

A recent decision by Florida’s Fourth District Court of Appeals (“4th DCA”) highlights the deference courts in Florida … more

Posted in Community Association, Condominium Association, Court Decisions of Importance, Governing Documents, Homeowners Association, Rules and Regulations
Restrictions in Community Documents Will Be Strictly Construed by Courts

Restrictions in Community Documents Will Be Strictly Construed by Courts

A community association’s declaration of covenants governs the duties and responsibilities between an association and its … more

Posted in Community Association, Condominium Association, Governing Documents, Homeowners Association
Can Your Community’s Developer Use HOA Capital Contributions Collected at Closings to Offset the Developer’s Deficit Funding Obligation?

Can Your Community’s Developer Use HOA Capital Contributions Collected at Closings to Offset the Developer’s Deficit Funding Obligation?

Many communities impose a capital contribution (sometimes called an initiation fee) on new owners. This is a one-time, … more

Posted in Capital Contributions, Community Association, Deficit Funding, Governing Documents, Homeowners Association, Legislation
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