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Look at all the angles before deciding whether to unlock the gate

Look at all the angles before deciding whether to unlock the gate

Questions from readers The Recreation Committee of the condominium association where I own a unit is considering removing the lock from the gate around the 68,000-gallon swimming pool, after keeping it locked for the last 22 years. As a concerned unit owner, I wanted to check with you to see if you know of any adverse experience with unlocked swimming pools and recreation areas that could be cons... read more

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The Association Barrister: An association’s past-due assessments and foreclosure

The Association Barrister: An association’s past-due assessments and foreclosure

Community associations depend on collecting assessments from unit owners to ensure they have sufficient income to continue operating. Unit owners in foreclosure often have not paid their assessments to the association. Both condominium and homeowners’ associations face these collection issues. The Florida legislature has limited the liability of mortgagees who hold the right to enforce the first... read more

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Defamation claims against boards on the rise

Defamation claims against boards on the rise

Be it a negative comment made at a meeting or a throw-away sentence in a letter from the board, if a comment made by a board member places an owner or other board member in a negative light, the association itself may ultimately be held responsible for making such a statement, whether true or not. In Florida, defamation has become an increasingly popular cause of action against associations. Regar... read more

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Building inspections now required by law

On October 1, 2008, several amendments to the Florida Condominium Act went into effect. One change consisted of a sixth subsection that will require all condominiums with buildings four stories or higher to be inspected by an engineer or architect every five years. The engineer or architect will be required to write a report commenting on the required maintenance, useful life and replacement costs... read more

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NE Corner:New condo guidelines

n already difficult condominium market is likely to become more challenging for buyers, sellers and especially lenders as a result of new underwriting guidelines adopted recently by Fannie Mae and mirrored, in key respects, by Freddie Mac. The revised rules respond to the mounting loan delinquencies and defaults that have bruised the bottom lines of Fannie, Freddie and just about everyone else inv... read more

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Tips for interviewing & evaluating a new mgmt. co.

Before making your initial telephone contact with a new management company candidate, it is an excellent idea to gather your property’s vital details – description, income and expense information – for them so that they are in a position to provide you with detailed responses to your interview questions. Generally, inquiries to a new management company will be directed toward their professio... read more

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