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Community Law Newsletter

Community Association Newsletter Special Alert: An Update on Community Association Emergency Powers Re COVID-19

By:  Christopher J. Shields, Esq. & Vanessa Fernandez, Esq. As you are aware, Governor Ron DeSantis issued Executive Order 20-52 on March 9, 2020 declaring a state of emergency under Section 252.36 of the Florida Statutes relating to the outbreak of the novel coronavirus, SARS-CoV-2,…

Community Association Newsletter Special Alert: The HEROES Act Would Be A Villain to Community Associations

By:  Christopher J. Shields, Esq. & Alexander J. Menendez, Esq. As Congress continues to mull over the 1,800 page HEROES Act that was passed by the House of Representatives on Friday, May 15th, a host of oversights have slipped through the cracks with very serious…

Community Association Newsletter Special Alert: An Update On Community Association Responses To COVID-19

By:  Christopher J. Shields, Esq. & Vanessa Fernandez, Esq. As different municipalities throughout the State of Florida begin to re-open outdoor recreational areas to the public, many of our association clients have been reaching out to our office for advice on when and how to…

Community Association Newsletter Special Alert: Community Association Powers In Response to COVID-19

By: Christopher J. Shields, Esq. & Vanessa Fernandez, Esq. Many of our Association clients are reaching out to our office on a daily basis to determine what to do next in light of the recent outbreak of COVID-19 in the State of Florida. As the…

Winter 2020 Community Association Newsletter

Lender Questionnaires, Estoppel Certificates, Transfer Fees And Resale Capital Contributions (Who Can Charge Whom, What, When And Where?) Tenants Have Vested Rights – Even After Foreclosure Website Accessibility – “Surf By” Lawsuits – A Growing Trend© An Overview Of Consideration For Community Associations That Want…

Summer 2019 Community Association Newsletter

Pavese Law Firm Attorneys Earn The Florida Bar Board Certification in Condominium and Planned Development Law The Division Reverses its Position on Term Limits for Condominium Board Members Sex-Based Rules Violate the Fair Housing Act and Likely State Law Too New Decision: Torts-Traffic and Causation…

Fall 2018 Community Association Newsletter

The New Law Which Imposes Term Limits for Condominium Board Members; What We Are Advising Our Condominium Clients At This Time Website Requirement for Certain Condominium Associations Effective January 1, 2019 New Law Requires Homeowners’ Associations’ Board of Directors to Consider Filing Notice of Preservation…

Community Association Newsletter – Special Alert: Amendments to HOA Rules and Regulations Now Need to be Recorded

A recent amendment due to take effect on July 1, 2018, to Chapter 720, Florida’s Homeowners’ Association Act will now require amendments to rules and regulations made on or after July 1, 2018 to be recorded in the County’s Public Records in order to be…

Spring-Summer 2018 Community Association Newsletter

An Overview of Recent Amendments to Florida Laws Affecting Condominiums and Homeowners Associations and What You Need to Know Legislative Changes to Florida’s Cooperative Statute – Effective July 1, 2018 The Property Appraiser’s Database and Mailing Addresses – What Do They Have in Common? State…

Winter 2017 Community Association Newsletter

A Potpourri of Recent Condominium Arbitration Cases and Decisions Sexual Harassment Could Be 2017’s Hottest Topic The Towing of Vehicles Understanding the Unintended Impact of MRTA on HOA Governing Documents Holiday Decorating To view the full newsletter click here.

September 2017(2) Community Association Newsletter – Avoid Pitfalls with Emergency Repairs

Citizens Property Insurance Corporation may be Florida’s insurer of last resort but it is not alone in adopting stricter policy provisions covering emergency repairs and further restricting what repairs are considered part of the casualty loss.  Click here to read more on this article.

September 2017 Community Association Newsletter – Special Alert: Dealing with the Aftermath of Hurricane Irma

What You Need to Know about Emergency Powers for Condominiums and HOA’s, respectively Emergency Order: Contractors Not Required to Subcontract with Roofing Contractors for Roof Repairs in FEMA Declared Disaster Area   CLICK HERE to read our Special Alert: Dealing with the Aftermath of Hurricane Irma September…

Summer 2017 – Part 2 Community Association Newsletter

PLEASE NOTE:  The Amendments in this newsletter ONLY apply to condominium associations. Amendments Under House Bill 1237 Accomplished Little More Than Discouraging Service on the Board: Volunteer Officers and Directors Put On Notice of Potential for Criminal Prosecution Immunities Eroded Presumed Guilty Until Proven Innocent…

Summer 2017 – Part 1 Community Association Newsletter

Florida’s New Estoppel Law: How It Will Impact Condominiums, Cooperatives and HOAs in Florida and What You Need to Know. To view the full newsletter click here.

Spring 2017 Community Association Newsletter

Selective Enforcement and Waiver; Court Limits Their Use As a Valid Affirmative Defense 2017 Legal Updates: Election Dispute Medical Marijuana and the Workplace A Recall “Hole” in the Florida Statutes Homeowners Associations: An Election Procedure Pitfall To view the full newsletter click here.

Winter 2016-2017 Community Association Newsletter

Florida Supreme Court Says Each Default Resets the Foreclosure Suit Clock Community Association Subject to the Florida Consumer Collection Practices Act “Servicer” of a First Mortgage is Now Entitled to Claim “Safe Harbor” Retroactive Application of Amendments to Facilitate Condominium Terminations Held Unconstitutional Court Rules…

Fall 2016 Community Association Newsletter

Avoid Pitfalls with Emergency Repairs Association’s Duty to Protect Residents with It’s Limited Ability to Deny Housing to Persons with Criminal Backgrounds 7 Day Deadline to Process Servicemember’s Rental Application Should your Association Post Alligator Warning Signs? Associations Must Do What They Can to Stop…

Summer 2016 Community Association Newsletter

HUD Limits Association’s Ability to Deny Housing Based Upon the Applicant’s Criminal History Using Social Media for Association Purposes Community Associations Need to Pay Prompt Attention to Chapter 13 Bankruptcy Cases Service Animals in Places of Public Accommodation Casualty Loss Repair Responsibilities Often Surprise Condominium…

Winter 2015-2016 Community Association Newsletter

Questions & Answers on Fines and Suspensions for Homeowners’ Association Effective July 1, 2015 Advice for Managing Hoarding, Neglectful, or Elderly and Infirm Owners or Occupants Florida Law Restricts Use of Drones to Observe and Record Activities and Improvements on Privately Owned Land Is a…

Community Association Newsletter – Special Alert: Financial Reporting

FINANCIAL REPORTING Since the end of the calendar year is also the end of the fiscal year for many condominium and homeowners’ associations, it’s that time of year for associations to begin reviewing their financial reporting requirements so that they can timely complete their statutorily…

Community Association Newsletter – Special Alert: Electronic Voting

ELECTRONIC VOTING To view the full newsletter click here. Attachments: 61B-23.0021  Regular Elections; Vacancies Caused by Expiration of Term, Resignations, Death; Election Monitors 61B-23.00211  Electronic Voting    

Summer 2015 Community Association Newsletter

Legislative Update (HB 791) Legislative Update (HB 643) Condominium Terminations Amend Your Documents If You Do Not Want To Honor An Exemption From The Duty To Pay For Assessments On Property Acquired Through Mortgage Foreclosure When Does An Association’s Failure To Provide Records Become “Willful”…

Spring 2015 Community Association Newsletter

Security And Why We Advise Associations Not To Use The “S” Word Equity Is Back Golf Carts v. Low Speed Vehicles Is There A Group Home In Your Community’s Future? New Case Finds HOA Restrictions Not Extinguished By MRTA Emotional Support Animals – The Saga…

Winter 2015 Community Association Newsletter

Community Association Managers (CAM) Can Be Sanctioned for Refusal to Turn Over the Association’s Official Records How Many Seats Are On The Board? Same-Sex Marriage In Florida – It Was Only A Matter Of Time Borrowing From Reserves Reserves Funds Distinct From Operating Budget Considering…

How to Screenshot on windows 8 Computer

You might also profit from switching to simpler tools for the very same tasks, like opting for a very simple text file in lieu of a Word document. If you want it you might look at trying out the software with your present project and…

Winter 2014-2015 Community Association Newsletter

Failure To Comply With Florida’s Construction Lien Law Can Result In Association Paying Twice For The Same Work Changing Property Management Companies?  Be Sure To Obtain Your Association’s Official Records Confidential Means Confidential Material Alterations Tidbit – Florida’s Minimum Wage Options For Speed Limit Enforcement…

Winter 2010 Community Newsletter – Part 1 – VOL. 21 NO. 1 – JANUARY 2010

Date Published: 2010-01-30 Author: Christopher J. Shields Click to View: Winter 2010 Case Law & Arbitration Update – Part 2

October 2014 Case Law Update – Partial Payments

Warning to Condominium Associations, Homeowners Associations, and Cooperatives – On Accepting of Partial Payments To view the full article Click here.

Summer 2014 Community Association Newsletter

Legislative Update – House Bill 807 Florida Condominium Act (Chapter 718) Homeowners’ Associations (HOAs) (Chapter 719) Cooperatives (Chapter 719) Senate Bill 440 – Clarifies That Certain Sections of Chapter 718 Apply to Residential Condominiums Senate Bill 7037 – New Statutory Notice Requirements and More House…

Spring 2014 Community Association Newsletter

Chapter 558, Florida Statutes Resolving Construction Defects For Community Associations Civil Rights – Florida Supreme Court Rules Pregnancy Is A Protected Class Directors Are Well Insulated From Personal Liability But Should Make Sure They Are Also Entitled To A Defense In The Case Of A…

Mid-Winter 2014 Community Association Newsletter

Written by Christopher J. Shields Mortgage Holders In Unincorporated Lee County Must Take Responsibility For Distressed Property Many Association Towing Practices Have Been Immobilized Board Recalls Recent Case Calls Into Question Association’s Ability to Prove Delinquency Bad Debts 55+ Housing For Older Persons Registration and…

Winter 2013 Community Association Newsletter – DECEMBER 2013

Written by Christopher J. Shields Perhaps ‘Tis Not The Season for Accepting Gift Baskets Comfort Pets Year End Financial Reporting Changes Membership Directories:  What information can associations publish? An Arbitrator’s Decision Can Be “Arbitrary” Update on HOA Registration with Florida’s Department of Business and Professional…

Fall 2013 Community Association Newsletter – SEPTEMBER 2013

Written by Christopher J. Shields To view the full newsletter, click here.

NEWS ALERT: Community Association Newsletter – JULY 17, 2013

Written by Christopher J. Shields In a landmark decision, Florida Supreme Court decides in favor of HOA in construction defect case… To read about the case, click here.

Summer 2013 Community Association Newsletter – JUNE 2013

Written by Christopher J. Shields Summer 2013 Legislative Updates… To read about these legislative updates, click here.

Spring 2013 Community Law Newsletter

Unintended Consequences of Association Action in the Context of Violation Hearing The law of unintended consequences is an adage that actions of people and governments always have effects that are unanticipated and often undesirable. The law of unintended consequences is always at work and everywhere,…

Winter 2013 Community Law Newsletter – FEBRUARY 2013

Date Published: 2013-02-01 Author: Christopher J. Shields Does Adventura Change Anything? Click to view: Winter 2013 Community Law Newsletter – March 2013

Winter 2013 Community Law Newsletter – JANUARY 2013

Date Published: 2013-01-14 Author: Christopher J. Shields Click to View: Winter 2013 Community Law Newsletter – January 2013 Pavese Law Firm Welcomes Susan McLaughlin Court Rules In Favor of Association In Quiet Title Action Who is Responsible for the Maintenance and Expenses of Improvements to the…

Fall 2012 Community Law Newsletter – NOVEMBER 2012

Date Published: 2012-11-09 Author: Christopher J. Shields Click to View: Fall 2012 Community Law Newsletter – November 2012 Pre-Arbitration Notices Under F.S. 718.1255

Summer 2012 Community Law Newsletter – JULY 2012

Date Published:2012-07-11 Author: Christopher J. Shields Click to view: Summer 2012 Community Law Newsletter – July 2012 Special Training? Not Required.

Spring 2012 Community Law Newsletter – APRIL 2012

Date Published: 2012-04-02 Author: Christopher J. Shields Article Download: Spring 2012 Community Newsletter – April 2012 Prohibiting New Owners From Leasing Units

Winter 2012 Community Law Newsletter – JANUARY 2012

Date Published: 2012-01-18 Author: Christopher J. Shields Article Download: Winter 2012 Community Law Newsletter Case Law and Rule Update

Summer 2011 Community Law Newsletter – JUNE 2011

Date Published: 2011-06-08 Author: Christopher J. Shields Article Download: Summer 2011 Community Law Newsletter News Alert: Florida House Bill 1195 is Enacted and Becomes Law on July 1, 2011.

Summer 2010 Community Newsletter – Part 4 – JULY 2010

Date Published: 2010-07-21 Author: Christopher J. Shields Click to Download: Summer 2010 Community Newsletter Part 4 – July 2010 Collecting Rent From the Tenants of Delinquent Owners

Summer 2010 Community Newsletter – Part 3 – JUNE 2010

Date Published: 2010-06-09 Author: Christopher J. Shields Click to Download: Summer 2010 Community Newsletter Part 3 – June 2010 Fines and Suspensions

Summer 2010 Community Newsletter – Part 2 – JUNE 2010

Date Published: 2010-06-08 Author: Christopher J. Shields Click to Download: Summer 2010 Community Newsletter Part 2 – June 2010 Collecting Rent From the Tenants of Delinquent Owners

Summer 2010 – Community Newsletter – Part 1 – JUNE 2010

Date Published: 2010-06-03 Author: Christopher J. Shields Click to view: Summer 2010 Community Newsletter Part 1 Chapter 718 (Condominium Amendments)

Winter 2010 Community Newsletter – Part 2 – VOL. 21 NO. 2 – FEBRUARY 2010

Date Published: 2010-02-28 Author: Christopher J. Shields Click to View: Winter 2010 Community Law Newsletter Mortgage Foreclosure Delays

Winter 2009 Community Newsletter – VOL. 20 NO. 9 – DECEMBER 2009

Date Published: 2009-12-29 Author: Christopher J. Shields Article Download: Winter 2009 Community Newsletter – VOL. 20 NO 9 – December 2009 Assigning Delinquent Accounts

Summer 2009 Community Newsletter Part 3 – JULY 31, 2009

Date Published: 2009-07-31 Author: Christopher J. Shields Article Download: Summer 2009 Community Newsletter Part 3 – July 2009 Real Estate Taxes Presumption of Correctness

Summer 2009 Community Newsletter Part 2 – JULY 31, 2009

Date Published: 2009-07-30 Author: Christopher J. Shields Article Download: Summer 2009 Community Newsletter Part 2 Mortgage Foreclosure Delays Material Alterations

Summer 2009 Community Newsletter Part 1 – VOL. 20 NO. 8 – JUNE 2009

Date Published: 2009-06-01 Author: Christopher J. Shields Article Download: Summer 2009 Community Newsletter Part 1 Legislative Update

Spring 2009 Community Newsletter – VOL. 20 NO. 7 – APRIL 2009

Date Published: 2009-04-27 Author: Christopher J. Shields, Christina Harris Schwinn  Article Download: Spring 2009 Community Newsletter Vol. 20 No.7 April 2009 Bank Foreclosures and Unpaid Assessments Staggered Terms – Condominium Directors

Summer 2008 Community Newsletter – Part 2 – VOL. 20 NO. 5 – AUGUST 2008

Date Published: 2008-08-01 Author: Christopher J. Shields, Christina Harris Schwinn Article Download: Summer 2008 Community Newsletter – Part 2 2008 Legislative Update – Part 3 Deductibles Insurance Coverage Requirements Unit Owner Obligations Mortgage Consents

Summer 2008 Community Newsletter – Part 1 – VOL. 20 NO. 5 – AUGUST 2008

Date Published: 2008-06-19 Author: Christopher J. Shields, Christina Harris Schwinn Article Download: Summer 2008 Community Newsletter Part 2 2008 Legislative Update – Part 3 Deductibles Insurance Coverage Requirements Unit Owner Obligations Mortgage Consents