17 09, 2020

Can Our Community Restrict Political Signs

Community Association, Condominium Association, Elections, Homeowners Association, Rules and Regulations|

Election season is here and already raising many questions regarding a community’s authority to restrict political signs. If your community has a prohibition on signs, political signs are not exempt from those restrictions.  The question then becomes does enforcement of no sign restrictions as to political signs violate an owner’s right to free speech.

Ordinarily, the

6 08, 2020

Rule Interpretation Conundrums

Community Association, Condominium Association, Governing Documents, Homeowners Association, Rules and Regulations|

A recent Monroe County court case illustrates the importance of well drafted rules.

In Biza Corp. d/b/a Galway Mobile Home Park v. Jarome Kaczmarek (FlWSUPP 2710BIZ2), the plaintiff mobile home park filed an action to evict Mr. Kacmarek (“Defendant”) from his lot in Galway Mobile Park for his violations of the park rules. The action was

15 06, 2020

Be Reasonable, It’s Good Business Judgment

Community Association, Condominium Association, Court Decisions of Importance, Governing Documents, Homeowners Association, Rules and Regulations|

A recent decision by Florida’s Fourth District Court of Appeals (“4th DCA”) highlights the deference courts in Florida give community association boards of directors when they make informed, reasonable decisions with respect to enforcing restrictions in their governing documents. In Miller v. Homeland Prop. Owners Ass’n, Inc., 284 So. 3d 534 (Fla. 4th DCA 2019),

30 09, 2019

Should Our HOA Implement a Social Media Policy?

Community Association, Condominium Association, Homeowners Association, Rules and Regulations, Social Media / Communication|

Benefits of social media in the community association context are numerous, not the least of which are speed and reach. Various online platforms enable communities to instantly deliver information to potentially hundreds or thousands of their residents who are regularly glued to their screens. As a result, however, many communities approach the use of social

6 08, 2019

Enforce or not to Enforce? A Community Associations’ Liability in Tort Cases.

Community Association, Condominium Association, Court Decisions of Importance, Homeowners Association, Parking, Rules and Regulations|

The Fourth District Court of Appeals recently addressed an association’s liability for failure to enforce no-street parking restrictions in Seminole Lakes HOA, Inc. v. Esnard, Case No. 4D18-15 (Fla. 4th DCA December 19, 2018). The case arose out of a car accident between Esnard and another driver which occurred inside the Seminole Lakes community.

The restrictive

17 07, 2019

Another Fair Housing Case for Community Associations to Swim Around

Condominium Association, Court Decisions of Importance, Fair Housing Act Issues, Homeowners Association, Rules and Regulations, Uncategorized|

The Federal Fair Housing Act, 42 U.S.C. 3601 prohibits housing providers from discriminating on the basis of race, color, national origin, religion, sex, marital status and disability. Most states, including Florida, have their own anti-discrimination laws, such as the Florida Fair Housing Act. In Florida, community associations are bound by both the Federal and Florida

1 10, 2018

Swimming Around Pool Rules in Community Associations

Community Association, Fair Housing Act Issues, Rules and Regulations|

A community associations pools typically have prominently displayed pool rules. Beyond the typical “no diving” or “no glass container” rules, we also often see rules prohibiting children under the eighteen (18) from swimming without an adult supervision. Although these rules may have been enacted from a risk management standpoint, they must also be considered against

17 09, 2018

HUD Considering New Emotional Support Animal Guidelines to Crack Down on Abuse

Community Association, Emotional Support Animals, Fair Housing Act Issues, Rules and Regulations|

Many community associations’ governing documents contain pet restrictions, sometimes prohibiting them all together. Most owners residing in such communities expect they will not encounter a pet not permitted to reside in the community. However, these assumptions are quickly becoming less common with the increasing number of requests for an accommodation by owners wanting to keep