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Category Archives: HOA Condo Association

Condo4

Can A Community Association Be “Self-Managed?”

By Seward Law Office, P.A. |

A significant number of residences in Florida are under the aegis of a community association, whether it be a homeowners’ association (HOA), a condominium association, a co-op, or something else. The majority of them employ a professional community manager or management company to help run the association and handle its day-to-day business. However, more… Read More »

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HurricaneDamage

Community Associations & Hurricane Repairs In Florida

By Seward Law Office, P.A. |

Hurricane Ian hit south Florida in late September 2022, causing significant property damage and a handful of fatalities. For a variety of reasons, however, many homeowners’ associations and condo boards have not been able to complete repairs. In some cases, there has been confusion or even dispute about whether the association must conduct repairs… Read More »

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Worried

Can Our Community Association Refuse Late Payments?

By Seward Law Office, P.A. |

When someone buys a home or a condominium that is governed by an association, they consent to abide by the rules and regulations put out by that association. This includes paying dues or special assessments (extra payments levied for a specific purpose) – and a failure to comply can get an owner in hot… Read More »

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REAgents

Developer Turnover Of A Florida Condo Association

By Seward Law Office, P.A. |

A brand-new condominium association always begins life under the aegis of the developer that constructed it. However, once construction is complete and enough units have been sold, the developer is required, under Florida law, to transfer the community over to an elected board of directors. That process is slow but sure, and it is… Read More »

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CondoAssoc

“Selective Enforcement” In Florida Condo Associations

By Seward Law Office, P.A. |

At least in theory, every member of a Florida condominium association is bound by its rules – owner and board member alike. However, it is unfortunately common for an association to play favorites, enforcing rules against some owners and not against others. This concept is referred to as “selective enforcement” in Florida law, and… Read More »

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Maintenance

Who Is Responsible For Overgrown Trees In An HOA?

By Seward Law Office, P.A. |

Trees and foliage are one of the major methods by which a homeowner can make their land feel unique and special. However, Florida homeowners’ associations (HOAs) often try to regulate the ways (and directions) in which trees can grow. If roots or branches from one homeowner’s land encroach onto another’s, it can be difficult… Read More »

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CondoBldg

How HOAs Collect Delinquent Assessments

By Seward Law Office, P.A. |

In Florida and the other states that use them, homeowners’ associations (HOAs) have the right to collect assessments from owners for unexpected expenses. While owners may complain, the right to do this is contained in both Florida law, and in most HOAs’ conditions, covenants & restrictions (CC&Rs), which must be approved before purchasing land… Read More »

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EmotionalSupportAnimal

Frequently Asked Questions About Florida Emotional Support Animals

By Seward Law Office, P.A. |

Many people have pets and love them, but some companion animals have important work to do for their owners. Service animals are trained to perform specific tasks for their disabled owners, such as alerting a diabetic to low blood sugar, or providing pressure grounding and comfort for a person with post-traumatic stress disorder (PTSD)…. Read More »

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Legal32

Can Individual HOA Board Members Be Sued In Florida?

By Seward Law Office, P.A. |

Despite the fact that most board members in homeowners’ and condominium associations are volunteers, being a board member is a job that comes with quite a bit of responsibility. Community association boards generally have a fiduciary duty to their owners, and because of this, owners may file suit in an effort to hold them… Read More »

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Smoking

Is Secondhand Smoke A Violation Of Florida Condo Laws?

By Seward Law Office, P.A. |

Data from the U.S. Centers for Disease Control (CDC) show that between 2005 and 2020, the number of U.S. adults who regularly smoke cigarettes has declined from roughly 21 percent down to 12.5 percent. Smoking has also become more and more proscribed in public – but in some cases, smoking can be a nuisance… Read More »

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