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Wheeling and Self Dealing: Can Directors Contract with the Association?
A fiduciary duty is defined as a relationship of trust and confidence between two or more parties. In Florida, association board members owe a fiduciary duty to their fellow unit owners. Florida...
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What Happens When There is a Tie in a Condominium Election? – A Duel Til…
…the Death? Not quite. Unless your condominium’s by-laws contain specific guidelines, section 61B-23.0021 of The Florida Administrative Code is what should be relied upon for resolving ties in...
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The Art of the Covenant: Preserving HOA Restrictions
The covenants and restrictions found in the governing documents for homeowners associations are subject to the seldom discussed, but very important Florida Marketable Record Titles Act (“MRTA”)....
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Rent Your Condo…I Don’t Think So!
It’s my property and I can do whatever I want with it, right? Wrong!-at least when it comes to renting out a condominium unit. Most condominium owners in Florida are allowed to rent their units...
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Quest for Quorum
For community associations in Florida, when it comes to having a valid meeting of the membership the statutes applicable to condominiums and homeowners associations both require that there be a...
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Is Your Association Down with OPP?
During the current economic crisis, associations across Florida have searched for novel and alternative ways to combat their mounting assessment delinquencies. Taking control of OPP, also know as...
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Donations to the Association: To Give or Not to Give
While donations are usually very much appreciated, the old adage “no good deed goes unpunished” may apply, especially when it comes to associations in Florida! First, it should be known that there is...
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Term Limits for Condominium Directors
FDR was certainly not a fan of term limits. What about Obama and Romney? One thing that is clear is that since 2008, the State of Florida has been a fan of term limits, at least for directors of...
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Pipe Burst – Who’s Responsible?
A pipe burst in a condominium can be everyone’s worst nightmare. Its usually a haphazard, unpredictable event causing significant damage, but the aftermath can be even more challenging to filter out...
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Going Green to Save Some Green – Installing Solar Panels to Reduce Energy Costs
When it comes to aesthetics, associations in Florida generally try to maintain the uniformity of the community by making sure owners are staying consistent with the original design. Minor...
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Association Assessments: Caveat Emptor? Not Anymore!
One of the longest standing duties of Florida condominium and homeowners associations has been pursuance of delinquent assessments through the lien and foreclosure process. With the downturn in the...
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Speedy Foreclosure Law – A New Way to Avoid Delay
The average number of days it has taken a lender to foreclose in Florida has been estimated at almost 900 days! In many of these cases the borrower has defaulted in the lawsuit or has otherwise...
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Legislative Changes when a Board Rearranges
This legislative session was a busy one as far as condominiums and homeowners associations are concerned. This article will focus on new responsibilities impacting the board of directors for...
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Knowledge is Power
We have all heard the phrase “knowledge is power” but a recent Florida case involving a condominium association suggests that a lack of proper knowledge may prove to be even more powerful! In the...
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Wi Fi Oh My!
Providing a wireless internet connection in common areas has become commonplace in recent years. Many associations leave their network open, without a password, so that residents may freely join the...
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Abandonment Issues
All that empty space and no right to use it…until now. A year ago I wrote an article titled “Is Your Association Down with OPP?” discussing the pros and cons of renting out empty units without first...
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Common Contractual Conditions to Cover Community Associations
‘ As a community association attorney, I see many contracts come across my desk for review. What concerns me are the number of contracts that do not. You aren’t dealing with Vito Corleone and an...
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Wasserstein, P.A. – 2015 Legislative Update
561-288-3999 danw@wassersteinpa.com 2015 LEGISLATIVE UPDATE This shall serve as Wasserstein, P.A.’s newsletter to our clients regarding recent legislative changes of which you should be aware. As of...
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Wasserstein, P.A. – 2017 Legislative Update
561-288-3999 danw@wassersteinpa.com 2017 LEGISLATIVE UPDATE This shall serve as Wasserstein, P.A.’s newsletter to our clients regarding recent legislative changes of which you should be aware. Please...
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Wasserstein, P.A. – 2018 Legislative Update
561-288-3999 danw@wassersteinpa.com 2018 LEGISLATIVE UPDATE This shall serve as Wasserstein, P.A.’s newsletter regarding recent legislative changes of which you should be aware. Please note that the...
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