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Category Archives: HOA Condo Association

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Does The Sunshine Law Apply To Community Associations?

By Seward Law Office, P.A. |

The Sunshine Law is a law on the books in Florida that states that any records made or received by a public agency “in the course of its official business” are available for inspection by the general public, barring certain limited exceptions. Over time, the definition of ‘public records’ has expanded, including more and… Read More »

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CondoAssoc

Clarifying New Laws For Condominium Buildings After Surfside Collapse

By Seward Law Office, P.A. |

After the collapse of Champlain Towers South in Surfside in June 2021, Florida’s legislature sought to learn from the tragedy. In time, they passed laws seeking to limit the possibility of a similar disaster in the future, including increasing the frequency and requirements of ‘milestone’ inspections, and pledging to base their future plans on… Read More »

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Do I Have To Join My New Home’s HOA?

By Seward Law Office, P.A. |

A prospective Florida home buyer is a person who has fairly firm preferences on what they are looking for in a place to live. Many, especially those coming from out of state, are firmly set against joining a homeowners’ association (HOA). However, data from Today’s Homeowner shows that around 45 percent of all Floridian… Read More »

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ForRentSign

Can I Rent Out My Home Or Condo?

By Seward Law Office, P.A. |

Florida’s real estate market seems to constantly be in a state of flux in this day and age, and more and more people are purchasing homes and condos in order to put down roots where they can. However, a phenomenon that is becoming more common in some associations is people or business entities purchasing… Read More »

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Who Watches The Watchers? Florida’s Condominium Act

By Seward Law Office, P.A. |

According to the most recent available data, Florida is the U.S. state with the second highest number of community associations, with roughly 38 percent of that number being condo boards. Condominium associations are similar to, yet different from, homeowners’ associations (HOAs), requiring different powers for their boards of directors. Florida law has two different… Read More »

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Legal15

Condo Board Members Have A Fiduciary Duty To Uphold

By Seward Law Office, P.A. |

Condominium associations in Florida are usually non-profit corporations, operating primarily for the benefit of the owners in the complex. The board of directors is an even smaller entity, usually elected by the owners to exercise final authority on the day-to-day running of the association. Because of this, board members are held to a high… Read More »

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Condominium vs Co-op: What’s The Difference?

By Seward Law Office, P.A. |

Florida is home to many different community associations, all governed in different ways. The most common types are homeowners’ associations (HOAs) and condominium associations, but one will also see housing cooperatives (‘co-ops’ for short), which operate in specific parts of the state. If you are moving to Florida, you may be confused about which… Read More »

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WaterLeak

Who Pays For Water Damage To Condominiums?

By Seward Law Office, P.A. |

In general, a condominium owner is responsible for maintaining everything between the roof and the walls of their unit. However, if there is water damage from a storm, or from the upstairs unit, the situation becomes more complex. If you are in this situation, it is a good idea to consult with a condominium… Read More »

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HomeownersAssociation

Why Does My Homeowners’ Association Need An Attorney?

By Seward Law Office, P.A. |

Florida is one of the U.S. states with the highest number of homeowners’ associations (HOAs), particularly in the southern part of the state. These bodies can seem all-powerful, making significant decisions for themselves and for those who own parcels in the association itself – but sometimes, HOA boards as a whole can benefit from… Read More »

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How To Avoid Claims Of ‘Selective Enforcement’ As A Condo Board

By Seward Law Office, P.A. |

One of the most crucial requirements of most condominium regulations is to treat every unit owner in an equal manner wherever possible. However, when there are disputes between owners and the board, it is not uncommon to see an owner allege that selective enforcement has taken place. If a rule is enforced against one… Read More »

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