ARCHIVES 2018

HOW DOES THE MASTER BUDGET WORK?

By Darlys Walker

Published October 10, 2018  

In any mixed use community, this is by far the most common budget question. To understand how ...

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SO JUST WHAT IS A “MASTER ASSOCIATION?”

By Eric Glazer, Esq.

Published October 8, 2018

Many of you live in condominiums that have a “Master Association.”  But what is a Master ...

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MEDIATION IN HOAs?

By Jan Bergemann

Published October 5, 2018

Florida statutes 720.311 requires PRESUIT mediation before the parties can go to court. The ...

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ARBITRATION AND MEDIATION: WHAT’S THE DIFFERENCE?

By Darlys Walker

Published October 3, 2018

As a management firm, we have been extremely lucky to have only been involved in a few ...

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FIGHTING IN YOUR HOA?  DON’T WAIT!  MEDIATE!

By Eric Glazer, Esq.

Published October 1, 2018

The HOA statute does do one thing right.  It requires the parties to a dispute to submit that ..

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CAMPAIGN SIGNS?

By Jan Bergemann

Published September 28, 2018

Over the years many court battles have been fought over campaign signs posted by unit(parcel) ...

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RIGGED ELECTION TIME IS JUST AROUND THE CORNER

By Darlys Walker

Published September 26, 2018  

It’s that time of the year we all look forward to…….Annual Election time for Association Boards!...

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BEFORE PUTTING UP THAT ELECTION SIGN………..

By Eric Glazer, Esq.

Published September 24, 2018

No matter who you’re voting for in November, there is no doubt that the eyes of the nation are ...

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DON’T FORGET THE FUNDING OF RESERVES!

By Jan Bergemann

Published September 21, 2018

It’s the time of the ear where owners and board members are fighting about the budget. One side ....

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MONEY, MONEY, MONEY!

By Darlys Walker    

Published September 19, 2018  

It’s that time of year again! Where did 2018 go? Its budget time, and the most common statement ...

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TIME TO MAKE THE BUDGET

By Eric Glazer, Esq.

Published September 17, 2018

Fall is the time when Boards and their managers start scrambling to make next year’s budget ...

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KNOWLEDGE IS POWER!

By Jan Bergemann

Published September 14, 2018

That statement was good in the 16th century – and it’s still good today. Especially in community...

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CONTINUING EDUCATION OR NOT?

By Darlys Walker    

Published September 12, 2018  

As a licensed broker in Florida, Georgia, North Carolina, South Carolina and Tennessee, I am ...

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IT’S BACK TO SCHOOL TIME

By Eric Glazer, Esq.

Published September 10, 2018

It’s the end of the summer.  Millions of kids across our state have to suck it up and return to school.  And...

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A MEDAL FOR GOOD BOARD MEMBERS?

By Jan Bergemann

Published September 7, 2018

There is absolutely no doubt that there are many good board members serving in Florida’s community ...

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IT’S A THANKLESS JOB!

By Darlys Walker

Published September 5, 2018  

Serving as an LCAM or as a volunteer board member is one of the most demanding, time consuming, ...

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A LABOR DAY TRADITION CONTINUES

By Eric Glazer, Esq.

Published September 3, 2018

Joe Hadanuf is the President of Livinhel Condo.  Joe and his Vice President, Haywood Ukilme ...

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NO MATTER WHERE YOU START – LITIGATION IS COSTLY!

By Jan Bergemann

Published August 31, 2018

Only too often you don’t really have a choice where you start, the Florida statutes already ...

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WHAT SHOULD YOU EXPECT WHEN ENTERING A DEFECT LITIGATION SUIT?

By Darlys Walker

Published August 29, 2018  

Most boards have never filed suit against anyone for anything more than a violation or ...

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WHERE DO WE START?  IN COURT?  MEDIATION? ARBITRATION?

By Eric Glazer, Esq.     

Published August 27, 2018

If there is one discrepancy between condominium and homeowner association law that makes ...

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COSTLY LITIGATION?

By Jan Bergemann    

Published August 24, 2018

As Eric pointed out on Monday Florida statutes have certain requirements that demand that owners ...

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WHY IS THERE SO MUCH LITIGATION?

By Darlys Walker

Published August 22, 2018  

Why is there so much litigation? Anyone can sue anyone, for any reason, no matter how ridiculous. ...

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LITIGATION LIMITS

By Eric Glazer, Esq.

Published August 20, 2018

We all know that condominium and homeowner associations sue and get sued all the time.  Are ...

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PROMISES, PROMISES?

By Jan Bergemann

Published August 17, 2018

In this country it doesn’t really matter if somebody makes you any verbal promises sealed by a ...

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SPECIAL BLOG

SAVE MONEY!  APPEAL YOUR REAL ESTATE TAXES AS A GROUP

By Eric Glazer, Esq.

Published August 16, 2018

Do you believe that your real estate taxes too high?  Why not appeal your tax bill as a group? ...

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READ YOUR DOCUMENTS CLEARLY!

By Darlys Walker

Published August 15, 2018  

Time and time again we receive complaints from purchasers stating, “My sales agent said I could lease ...

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DID YOU GET IT IN WRITING?

By Eric Glazer, Esq.

Published August 13, 2018

We have all been in circumstances where someone promised something, reneged on that promise ...

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HAPPY FACES? NOT IN MANY ASSOCIATIONS!

By Jan Bergemann

Published August 10, 2018

Wouldn’t it be nice if we would see a lot of happy faces when meeting the neighbors in our ...

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GIVE A LITTLE AND YOU WILL GET A LOT

By Darlys Walker

Published August 8, 2018  

As CEO of my firm, I attend a lot of board meetings. It seems that no matter what state I’m in there...

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MAKING YOUR COMMUNITY A FRIENDLIER PLACE

By Eric Glazer, Esq.

Published August 6, 2018

Today is my 51st birthday.  I’m also in London at the moment taking in the sights with the family.  We’ll ...

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RESTRICTIONS, RESTRICTIONS – AND MORE RESTRICTIONS

By Jan Bergemann

Published August 3, 2018

When moving into a community association you will be surrounded by even more restrictions...

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WHAT SHOULD THE BOARD CONSIDER WHEN IMPLEMENTING RULES AND REGULATIONS?

By Darlys Walker

Published August 1, 2018  

I happen to live in an HOA with very strict covenants. This is fine by me, I want my investment ...

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WHAT ARE CATEGORY ONE AND CATEGORY TWO RESTRICTIONS?

By Eric Glazer, Esq.

Published July 30, 2018

Over the past two weeks, we have been discussing the power and authority of Boards to ...

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DICTATORS RUN THE SHOW!

By Jan Bergemann

Published July 27, 2018

Every good dictator makes his/her own rules. And that’s only too common in Florida’s ...

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HOW FAR CAN BOARDS OR COMMITTEES GO TO ENFORCE RULES & REGULATIONS?

By Darlys Walker

Published July 25, 2018  

We all know of an association who has had either a Board Member or Committee Member go ...

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DO BOARDS HAVE UNLIMITED AUTHORITY TO MAKE RULES?

By Eric Glazer, Esq.

Published July 23, 2018

Inherent in the condominium concept is the principle that to promote the health, happiness, and ...

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RECORDED GOVERNING DOCS?

By Jan Bergemann

Published July 20, 2018

The requirement to record governing documents – and amendments thereto – is another example ...

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CAN A BOARD RESOLUTION OVERRIDE THE DECLARATION?

By Darlys Walker

Published July 18, 2018  

Can a board resolution override the declaration? Of course the answer to this question should ...

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DO YOU NEED TO RECORD YOUR RULES AND REGULATIONS?

By Eric Glazer, Esq.

Published July 16, 2018

We all know that if you live in a condominium, your declaration of condominium and all ...

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TOO MANY FOLKS LIVING IN THE HOME/CONDO?

By Jan Bergemann

Published July 13, 2018

Restricting the number of people living in a condo/home is pretty tricky for any community ...

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INSIDE MY HOME, IS MY BUSINESS!

By Darlys Walker

Published July 11, 2018  

At what point does government regulation become ridiculous and unnecessary? It would seem to me ...

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CAN THE ASSOCIATION LIMIT THE NUMBER OF OCCUPANTS IN A HOME?

By Eric Glazer, Esq.

Published July 9, 2018

Some governing documents contain language that limit the number of people that can live in ---

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NEIGHBORLY FIGHTS? ONLY ALL TOO COMMON!

By Jan Bergemann

Published July 6, 2018

Neighbors fighting neighbors is only too common – it’s happening since mankind can remember...

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MANAGE YOUR ANGER CAREFULLY

By Darlys Walker

Published July 4, 2018  

We have all either heard stories, or witnessed for ourselves, those owners and or board members ...

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CAN THE ASSOCIATION SIMPLY LOOK THE OTHER WAY?

By Eric Glazer, Esq.

Published July 2, 2018

Two neighbors are constantly engaged in fighting.  Can the association simply say “This is a...

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RESERVE FUNDS MANDATORY – BUT ARE THEY SAFE?

By Jan Bergemann

Published June 29, 2018

I know that a majority of owners is favoring well-funded reserves. It’s definitely easier to pay ...

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AGE IS NOT RELEVANT WHEN IT COMES TO RESERVES.

By Darlys Walker

Published June 27, 2018  

One of the most common objections to funding reserves is “I’m old! I won’t be around in 20 ...

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SHOULD RESERVES BE MANDATORY?

By Eric Glazer, Esq.

Published June 25, 2018

I hate beating around the bush, so I want to get to the point.  A financial crisis is coming and it’s ...

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BEWARE THE PROBLEMS OF TURN-OVER

By Jan Bergemann

Published June 22, 2018

Lots of folks are looking forward to the day when the developer finally turns over control ...

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IT’S TIME TO CALL IN THE EXPERTS

By Darlys Walker

Published June 20, 2018  

The board has set its objectives and goals and are now getting the tasks completed. The important ...

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Post Turnover: The Job of the New Board of Directors

By Eric Glazer, Esq.

Published June 18, 2018

Over the last two weeks, we spoke about the events that trigger turnover and what the developer’s ...

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OH, THESE DEVELOPERS!

By Jan Bergemann

Published June 15, 2018

The developer we bought our first home from here in Florida was as well my first nightmare. I didn’t ...

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YOU’RE IN CONTROL, NOW WHAT?

By Darlys Walker

Published June 13, 2018  

Turn over has occurred, the owner board is in place and all the associations records have been turned ...

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TURNOVER – PART 2

By Eric Glazer, Esq.

Published June 11, 2018

Last week, we discussed when turnover from developer control to unit owner control is ...

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TURN-OVER BY DEVELOPER?

By Jan Bergemann

Published June 8, 2018

I know quite a lot of associations where the owners would just love to see the developer turn over ...

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CAN OUR MANAGEMENT TEAM BE TRUSTED IF THE DEVELOPER HIRED THEM? 

By Darlys Walker

Published June 6, 2018  

This is a very common question that boards and owners ask during the turnover process. Many times ...

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THE TURNOVER PROCESS: SIMPLIFYING THE PROCESS - REDUCING THE FEAR

By Eric Glazer, Esq.

Published June 4, 2018

New condominiums and HOA communities continue to get built all over the state.  The developer ...

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SMART MOVE BY FLORIDA BAR

By Jan Bergemann

Published June 1, 2018

Well, the Florida BAR finally made a consumer-friendly move by acknowledging the fact that ...

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WHERE HAVE ALL THE PLEASANTRIES GONE?

By Darlys Walker

Published May 30, 2018  

First and foremost, congratulations Eric, the new designation and recognition is well deserved ...

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CONDOMINIUM AND PLANNED DEVELOPMENT LAW RECEIVES SPECIAL RECOGNITION

By Eric Glazer, Esq.

Published May 28, 2018

With the thousands of condominium and HOA communities built in the last two decades or so, it ...

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HURRICANE SEASON IS STARTING SOON!

By Jan Bergemann

Published May 25, 2018

Here in Florida it’s not a matter of “IF” the next hurricane hits, it’s just a matter of “WHEN” it ...

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Who is responsible for the shortfall?

By Darlys Walker

Published May 23, 2018  

Recently, a smoker caused a fire on their balcony, resulting in the complete loss of 16 units. After ...

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SO WHO IS RESPONSIBLE FOR THE CLEAN UP AND FIX UP?

By Eric Glazer, Esq.

Published May 21, 2018

Let’s assume that a storm has just damaged your condominium.  Of course, the board has ...

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IT’S A NECESSITY TO CARRY THE RIGHT INSURANCE

By Jan Bergemann

Published May 18, 201

If the association doesn’t carry necessary insurance it can create financial havoc among its ...

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WHO IS RESPONSIBLE FOR GETTING BIDS AND OVERSEEING INTERIOR REPAIRS?

By Darlys Walker

Published May 16, 2018  

Having just experienced a major water leak in a 21 story high rise, it became apparent that ...

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SO WHAT ACTUALLY GETS INSURED?

By Eric Glazer, Esq.

Published May 14, 2018

So you did your job as a director and you made sure to purchase insurance for the ...

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PROPERTY INSURANCE: A SERIOUS NECESSITY!

By Jan Bergemann

Published May 11, 2018

Florida, the Sunshine State, but what about all the hurricanes? We have been hit by ...

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WHAT IS AN HO-6 POLICY?

By Darlys Walker

Published May 9, 2018  

"According to “Ask.com”, HO-6 policies are customized for individual policy holders more often ...

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THE PERFECT TIME FOR AN INSURANCE PRIMER

By Eric Glazer, Esq.

Published May 7, 2018

Hurricane season starts June 1st.  If you haven’t ensured that the association property is properly ...

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I CALL IT APATHY

By Jan Bergemann

Published May 4, 2018

I think it’s great that Eric’s seminars are so well attended. I have been to quite a few of his ...

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SO WHO IS ON YOUR TEAM?

By Darlys Walker

Published May 2, 2018

It’s always motivational to each of us that have the privilege to participate in the Condo Craze ...

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WHO SAYS NOBODY CARES?

By Eric Glazer, Esq.

Published April 30, 2018

I write this blog the day after I did my last seminar of the season.  Starting from about ...

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TALLAHASSEE MOST USELESS AGENCIES: DIVISION OF FLORIDA CONDOMINIUMS AND MOBILE HOMES TOPS THE CHARTS

By Jan Bergemann

Published April 27, 2018

This week we are talking about community association laws, rules and the ENFORCEMENT of ...

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DOING THE RIGHT THING

By Darlys Walker

Published April 25, 2018  

Congratulations to Eric and all those that attended the event. It seems today, that a large portion of ...

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A TALE OF TWO TYPES OF JUDGES

By Eric Glazer, Esq.

Published April 23, 2018

There’s a pretty good chance that if you’re reading this blog, at one time or another you came ...

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FORECLOSURE DEBT – A COMPLICATED ISSUE

By Jan Bergemann

Published April 20, 2018

As Eric explained in his blog on Monday, the Florida legislature made it quite complicated ...

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BETTER CALL AN ATTORNEY

By Darlys Walker

Published April 18, 2018

It doesn’t matter if you’re a board member or an LCAM, when reading your documents ...

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YOU MAY BE CHEATING YOURSELF OUT OF MONEY

By Eric Glazer, Esq.

Published April 16, 2018

All of you know how terrible the condo and HOA statutes are in terms of the association’s ...

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ILLOGICAL JUDGE REQUIRES CHANGE OF STATUTES

By Jan Bergemann

Published April 13, 2018

Among all the nonsense contained in HB 841 is a provision that actually makes sense, even if ...

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75%? NO WAY, NO HOW!

By Darlys Walker

Published April 11, 2018  

We all know just how hard it is to get people involved with the association’s affairs. Sure, there ...

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MATERIAL ALTERATIONS – MAKE SURE TO TAKE THAT VOTE

By Eric Glazer, Esq.

Published April 9, 2018

I’m particularly proud of a piece of legislation that I helped draft this year.  Florida Statute 718.113...

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A BILL WITH LOTS OF HORRIBLE PROVISIONS

By Jan Bergemann

Published April 6, 2018

HB 841 (Moraitis) is definitely making many attorneys jump with joy – already cheering about increased ...

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LET’S LOOK AT IT PRACTICALLY!

By Darlys Walker

Published April 4, 2018  

718.11 OFFICIAL RECORD- Requires some records be maintained from inception. Imagine ...

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HERE THEY ARE………..THE NEW ASSOCIATION LAWS FOR 2018

By Eric Glazer, Esq.

Published April 2, 2018

Some years are quiet when it comes to the passage of new laws affecting Florida community associations ...

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EXCESSIVE FUNDS – MONEY FOR BOARDS TO PLAY WITH!

By Jan Bergemann

Published March 30, 2018

Various provisions in FS 718 (The Condo Act) discuss what should be done with “common surplus” ...

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NOT EVERYONE IS “RICH”!

By Darlys Walker

Published March 28, 2018  

So let’s look at having the opposite problem. Yes, it’s true that many of the South Florida communities ...

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BUT…….IT’S NOT THE ASSOCIATION’S MONEY!

By Eric Glazer, Esq.

Published March 26, 2018

Boards of Directors love to have extra money in the bank.  Who doesn’t?  But the question is…

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NO CHANGES TO REQUIREMENT FOR SPRINKLER SYSTEM

By Jan Bergemann

Published March 23, 2018

For the second year there was no change in the law requiring high-rise condominium to install ...

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WHY IS EVERYONE SO ANGRY??

By Darlys Walker

Published March 21, 2018  

Democrats and Republicans seem to be constantly pushing or pulling in opposite directions. School ...

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IMPORTANT REMINDER: EVEN IF YOU VOTED DOWN SPRINKLERS YOU’RE NOT OUT OF THE WOOD

By Eric Glazer, Esq.

Published March 19, 2018

You may recall that last year, The House and the Senate passed legislation that would have ...

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BOARD MEETINGS BEHIND CLOSED DOORS

By Jan Bergemann

Published March 16, 2018

If the Moraitis’ ANTI-OWNER bill HB 841 isn’t vetoed by Governor Rick Scott there will be no ...

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EDUCATION REQUIRED

By Darlys Walker

Published March 14, 2018  

While we all wait with anticipation on what laws will be signed by the Governor, it’s time to ...

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OH WHAT A NIGHT!

By Eric Glazer, Esq.

Published March 12, 2018

On Friday morning it looked pretty bleak in terms of whether there would be any new condo and ...

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WE LOST!

By Jan Bergemann

Published March 10, 2018

We lost! It's a sad day for Florida's homeowners and condo owners living in community associations.

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THERE IS NO MEETING!!

By Darlys Walker

Published March 7, 2018  

No matter the Board, or the community they represent, they will at some time try to skirt the ...

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WHEN IS A MEETING A MEETING?  ARE YOU SURE?

By Eric Glazer, Esq.

Published March 5, 2018

Sometimes you just have to shake your head in amazement at some of the laws that exist.  Here ...

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HB 841 – A TOTAL NIGHTMARE FOR OWNERS

By Jan Bergemann

Published March 2, 2018

The only community association bill left in the “running” in this legislative session is HB 841, a ...

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ALL GOOD THINGS COME TO AN END!!

By Darlys Walker

Published February 28, 2018  

Term limits? What a novel idea! Okay, so I jest! Not only is this a great idea for Board Members, ...

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SOME ELECTION CONFUSION MAY SOON GET CLEARED UP

By Eric Glazer, Esq.

Published February 26, 2018

Several months ago, I blogged about confusion that exists in the 2017 condo crime bill.  That ...

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AN ABSOLUTE USELESS AGENCY

By Jan Bergemann

Published February 23, 2017

Well, latest since the Miami Grand Jury report dated February 6, 2017 was published it’s ...

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IS THE DPBR GOING IN CIRCLES?

By Darlys Walker

Published February 21, 2018  

Is the DPBR going in circles? Well, I’m not sure if they are or aren’t, but I am certain they ...

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EXPAND OR CONTRACT THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION?

By Eric Glazer, Esq.

Published February 19, 2018

Exactly a year ago now the now infamous Miami-Dade Grand Jury report came out that ...

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SHOULD CONDOS BE FILLING STATIONS?

LEGISLATIVE UPDATE!

By Jan Bergemann

Published February 16, 2017

Since my opinion about electric cars and condos being used as filling stations is very short, below ...

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TO CHANGE OR NOT TO CHANGE

By Darlys Walker

Published February 14, 2018  

Preplanning for the future of mass electric cars is definitely on the rise. Many developers are ...

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SO HOW ARE WE GOING TO DEAL WITH ELECTRIC CARS?

By Eric Glazer, Esq.

Published February 12, 2018

This week I am very proud to announce that our office drafted legislation that truly ...

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PROGRESS FOR COMMUNITY ASSOCIATION BILLS?

By Jan Bergemann

Published February 9, 2017

Half of the session is over – and most of the owner-friendly community association bills are ...

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TYPICAL POLITICAL BOLOGNA

By Darlys Walker

Published February 7, 2018

Reading through the various house bills, as noted in Eric’s blog, the first thing to come ...

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SOME OTHER COMMUNITY ASSOCIATION PENDING LEGISLATION

By Eric Glazer, Esq.

Published February 5, 2018

Representative George Moraitis has again filed a bill, House Bill 1061, that would allow ...

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SOME BILLS ARE JUST RIDICULOUS!

By Jan Bergemann

Published February 2, 2017

It must be in the Slosberg family: Father Slosberg filed bills only dealing with seat-belt laws – and ...

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WASTED TIME AND MONEY

By Darlys Walker

Published January 31, 2018  

Florida House Bill 123, “Stand up for Senior Act”, appears to be a waste of time and money! I ...

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DO SENIORS REALLY NEED THIS?

By Eric Glazer, Esq.

Published January 29, 2018

House Member Emily Slosberg recently co-sponsored House Bill 123 called the "Stand ...

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2018 LEGISLATIVE SESSION

By Jan Bergemann

Published January 26, 2017

This year’s legislative session started already in the second week of January – it’s election ...

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ONLY YOU CAN MAKE A DIFFERENCE

By Darlys Walker

Published January 24, 2018 

Georgia legislators are in succession and historically each year we see more laws passed ...

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SO WHAT’S IN STORE FOR 2018?

By Eric Glazer, Esq.

Published January 22, 2018

This year, The Florida Legislature starts early.  In fact, it is already in session.  So what’s ...

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HOW MANY MEMBERS SHOULD BE SEATED ON THE BOARD?

By Jan Bergemann

Published January 19, 2018

There have been many fights over the issue of the number of members that should be seated on ...

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IS MORE OR LESS BETTER?

By Darlys Walker

Published January 17, 2018  

The appropriate number of board members seems to always be questionable. This is especially ...

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HOW MANY MEMBERS ARE SUPPOSED TO BE ON YOUR CONDO BOARD?

By Eric Glazer, Esq.

Published January 15, 2018

This week the blog is pretty important too.  All too often I am seeing the incorrect number of ...

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NEW YEAR’S RESOLUTIONS?

By Jan Bergemann

Published January 12, 2018

I’m not much of a fan of New Year’s resolutions, but I made some over the years. Just in case ...

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MAKE 2018 YOUR YEAR OF CONTRIBUTION

By Darlys Walker

Published January 10, 2018  

I for one am thrilled to see 2017 end. My hope for 2018 is centered on “peace and productivity”!!......

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PRACTICAL NEW YEARS RESOLUTIONS

By Eric Glazer, Esq.

Published January 8, 2018

For all eternity, the new year brings talk of resolutions for the coming year. We resolve to eat ...

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