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For those who don't know, the Pacific Seafarer's Net has a history of being very professionally run by a group of network controllers who are all Ham radio operators and who are all using their own equipment and funds. The controllers operate from many locations, including the Pacific Northwest, California, Arizona, Wisconsin, Hawaii, Australia, and New Zealand. They had integrated their behind-the-scenes action with the web, and include YOTREPS details as well.

Hello, and welcome to Community Association Matters, the podcast that serves homeowner and condominium associations in Florida. And I say Florida now, because we are serving not just Southeast Florida, but also Southwest Florida with offices in both Miami and Fort Myers. So we’re very excited about that opportunity. And as always, our goal here is to educate board members and owners of multifamily and even commercial units about the laws that pertain to being a board member and condominium and homeowner associations. As well as what to do to maintain your building, your common areas and, and make sure that you prevent liability and mitigate any problems that may come up. So being from Florida, being in Florida, we.


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Golf Carts, in addition to the obvious use on the golf course, are increasingly being used for short-distance trips in communities as an alternative to the family car, for example, carrying children and pets from home to the club house or recreation center. Golf Carts share an Association’s common element roads with other motor vehicles, bicycles, pedestrians and animals, creating the potential for liability for an Association. Whether or not to allow Golf Carts and how best to regulate them is a decision faced by Associations with increasing frequency.


Associations are all too familiar with bankruptcy serial filers disrupting foreclosure sales leading to frustrating and costly consequences for the Association. Each new bankruptcy filing by the debtor forces the Association to incur additional costs and increases the amount of debt owed while the debtor continues to live on the property without paying the Association.

Board members can be sued personally but only within specific parameters. Even though board members have a fair amount of protection under the law, it is a fairly common occurrence in Florida for board members to be brought into lawsuits as direct defendants. While those types of lawsuits generally are not successful, the association should have insurance for those claims.


So I let the campaign rumble on around me; after all, it’s obviously a piece of puff and hype created by townies for townies and, on rural matters at least, I know more than a roomful of townies. And a roomful of townie-based advertising/PR staff.

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A Florida appeals court has granted a temporary reprieve to a Coral Gables lawyer battling a subpoena under the assertion of attorney-client privilege. The Third District Court of Appeal ruled Wednesday that Miami-Dade Circuit Judge Barbara Areces erred in ordering attorney Alba Varela to appear for a deposition, and denying the litigator’s motion for protective order without granting additional scrutiny. Varela had been subpoenaed by the OLA Condominium Association in its legal battle with Miami-Dade residents Robert Santana and Avraham Levi.


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The show will ask for a phone number. Get someone to buy a used phone on eBay for you. Buy a PAYG SIM, and give the show this number. As soon as the show starts, throw the phone away, do not retain it for ’emergencies’.

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Govan declares himself to be bisexual and says he’s going in to the Big Brother house to (and I quote) ‘represent his ethnicity and bulldoze stereotypes’. Which is such a shame, because all I’ve seen him do so far is lounge around in bed and bitch about people in an almost non-stop fashion. Maybe he’ll remember why he’s there over the next couple of weeks, but until then I expect him to continue acting like a big two-faced, mealy-mouthed, bitchy little bitch from hell.


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The Florida Legislature has revised the procedures for collecting delinquent assessments, which add additional steps and delays for the owner to pay before legal action can commence and/or attorney’s fees can be recovered. Senate Bill 56 has revised Sections 718/116 and 718/121 for condominiums; 719/108 for cooperatives; and, Section 720/3085 for homeowners’ associations. With these changes, the collection procedures for all of these types of communities will be substantially the same. The new laws are effective July 1, 2021.

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Mediation is an alternative dispute resolution (ADR) method, where the participants meet with a third party (mediator) to negotiate a potential settlement. The mediator is required to be unbiased, and he or she does not work for either side. The mediator listens to each side’s position and helps to facilitate a voluntary resolution to the case. Mediation is significantly less expensive and time-consuming than a traditional courtroom trial. However, there are several points to consider before sitting down to the mediation/settlement conference.


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Very recently, more and more condominium and homeowner associations find themselves as potential defendants in Federal Fair Housing Act (the “FHA”) discrimination litigation due to the association’s website. It is alleged that the failure to make the website easily accessible to those with visual impairments or who are blind is discriminatory. In short, the FHA prohibits making, printing or publishing, with respect to the sale or rental of a dwelling, anything that indicates any preference, limitation, or discrimination based on a handicap, or the intention to make such preference, limitation, or discrimination.


On the second lap, Tom ignored the plants in corners 1 and 2, so I switched my concentration to establishing a nice rhythm and getting an even balance. On the second visit to corner 3, though, Tom had a headfit.

Whatever it is offends me. Could it be a nuisance? Florida Condominium associations deal with nuisance complaints on a regular basis. The challenge in addressing nuisance issues is defining exactly what constitutes a nuisance.


We live in an age where the lack of civility has become a common occurrence in daily life, whether it be on the internet, on the highway, or even in line at the grocery store. While the causes of the decline in civility can be debated, the consequences are more apparent, even at the community level. As incidents of harassment and intimidation and those evidencing pervasive intolerance and general rudeness become commonplace, people become afraid to interact and have meaningful conversations, to volunteer for board and committee positions, and to simply get involved in their community. An association experiencing rampant incivility among its members, and even among its board members, however, may feel powerless to do anything about it. Read.

There is no doubt that technology has significantly improved the way communities and neighbors interact and communicate with one another. The sheer number of social media applications and web-based platforms available to individuals and community associations make it easy for information (and misinformation) to be disseminated quickly among hundreds, if not thousands, of individuals in a matter of seconds with a simple key stroke or the click of a mouse.


Soph’s gone kick-boxing with the lovely-but-slightly-loopy Gemma, this evening. It’s nice that they hang around together. I’m slightly fearful for the rest of us when two mentalists gather in such close proximity, though. I hope the world won’t spontaneously implode under the pressure of a hitherto uncatalogued physical pressure which will, in the future, be called ‘dark mentalism’.

Given the relatively slower pace of community association governance, when it came to myriad legal and operations issues suddenly created by the COVID-19 crisis throughout the past year, many Florida community associations have strained to pivot in response. Now, signed into law by Florida Governor Ron DeSantis and effective as of July 1, 2021, SB 630 by Senator Dennis Baxley will streamline community associations’ powers in future pandemic-like situations.


What other drama prompts do you know? With a title like Drama Prompts we could go on and on.

The Economic Loss Rule limits a defendant’s tort liability for defective products to injuries caused to persons or damage caused to property other than the defective product itself. The Economic Loss Rule has been used to exclude tort liability for damages to the constructed product.


The global pandemic COVID-19 has entrenched itself on American soil. Many workplaces have been shut down, schools are closed, and people are quarantined in an effort to mitigate the spread of the virus through social distancing. On March 9, 2021, Florida Governor Ron DeSantis declared a state of emergency in Florida due to the COVID-19 outbreak and similarly, local governments have followed suit. Here in Jacksonville, Mayor Lenny Curry issued an executive order on March 23, 2021 shutting down non-essential businesses and requiring those who can work from home to do so. Read the article.

Prejudgment interest is a type of compensation payable to the plaintiff from the time the cause of action accrues until the time of the final judgment. Under Florida law, prejudgment interest is merely another element of pecuniary damages that is intended to make the prevailing party whole from the date of loss, once a finder of fact (judge or jury) has determined the amount of damages and defendant’s liability for same.


Did you know that homeowners have the right to request reasonable modifications to the common area if they are disabled and the proposed modification helps them use and enjoy the property as it is meant to be? The federal Fair Housing Act provides as much, and protects disabled condominium and HOA owners who may require such modifications. How should a Board handle these requests to modify the common area? A recent case out of the Sixth Circuit provides some guidance.

Condominium associations and HOAs throughout South Florida as well as across the country are seeking effective responses to the problem of short-term rentals that are in violation of their rules and restrictions. These unauthorized rentals, which have become prevalent with the growth of Airbnb and other online home-sharing platforms, can create a revolving door for guests with none of the prior screening and background checks that are typically performed for new residents and tenants.


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Then again, we wonder if this isn't all a tempest in a teapot. For even if the NWS couldn't compete with private weather products, we think there would be such tremendous competition that it would be offered free all over the Internet. Even right now tremendous weather products are easily available free.


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Community Association’s emergency powers are available and in effect during the COVID-19 crisis per the DBPR’s Emergency Order 2021-04. Some of those powers available for both condominium and homeowners’ associations include: Read the article.


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We’re currently watching The Mentalist. It’s not as good as either Flash Forward or Studio 60, but it is still better than a hell of a lot of the dire output that the mainstream are offering.


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On March 29, Governor DeSantis signed CS/SB 72 – Civil Liability for Damages Relating to COVID-19 into law. The new bill provides crucial liability protection to individuals and businesses such as community associations, along with educational institutions, religious organizations, and healthcare providers for liability claims related to COVID-19.

The actors don’t come across as farmers, they’re just too squeaky clean. I’m not saying I want to see signs of calf scour down the front of someone’s Barbour, but it’s just too sanitised.


A driver is run off the road by a small, nimble SUV. The driver swerves as far as they can but smashes into a tree anyways.

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The Supreme Court of Iowa came out with a big decision regarding emotional support animal law that I’m hoping Florida eventually follows as well. Karen Cohen vs. David Clark And 2800-1 LLC. This case involves a tenant with pet allergies who deliberately moved into an apartment building due to its no-pets policy. However, later on, a neighboring tenant sought a waiver of the no-pets policy for his emotional support dog, and the landlord didn’t want to say no and get sued. As a result, the landlord tried to accommodate both of them.

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In 2021, the Florida Legislature adopted Section 718/128 into the Florida Statutes, thereby giving condominium associations the right to conduct elections and other unit owner votes via online voting systems. While many associations in Florida have implemented online voting systems for their elections and other unit owner votes, some associations are still contemplating making the switch.


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Community managers have many responsibilities within the condo or homeowners’ associations (HOAs). One of these roles is to ensure that all local and federal laws and regulations are being followed. This includes providing reasonable accommodations for individuals with disabilities, whether physical or mental.


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The current environment has presented many obstacles for Association living. Federal, state, and local governments have placed restrictions on gatherings, which has limited Boards’ options for conducting meetings and getting owner participation. Even when restrictions ease, it is likely that some individuals will remain cautious of gathering in social settings with large groups.


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Section 624/1055, Florida Statutes, is part of the recent Omnibus Insurance Bill, HB 301: Contribution Rights Among Insurance Carriers. This new legislation impacts those involved in Florida construction defection litigation and applies to claims, suits or other actions initiated after January 1, 2021.

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Most attorneys are adept and accustomed to using a variety of forms of communication with their clients. Most attorneys will also charge for communications with their clients, so clients should consider what is best, not only in the context of cost, but also what is best for providing and receiving legal advice. As an attorney representing community associations, one of the most satisfying aspects of that practice is being able to efficiently answer questions and providing legal guidance to my clients. However, I know that certain methods of communication work better for some clients. If you prefer communication by mail, e-mail, facetime, text, or in person, make your preference known to your attorney.

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Florida offers residential purchasers a wide variety of options. Residences with amenities managed by an association are popular as they often provide something extra in the form of pool, tennis courts, golf, clubhouse, social room and even a greater opportunity to commune with one’s neighbors.


It’s too easy to see Ben as just another posh bloke; we need to look hard at this one, we need to see what’s below the surface. So far Ben’s big talent has been asking questions. Ben has a brain, that much is clear, and his strategy of encouraging others to talk about themselves has, so far, succeeded in keeping his own personality submerged. Is Ben a Daily Mail-contributing crypto-fascist with misogynistic leanings, working hard to expose everyone else’s weaknesses before his own traits come to the surface? Or is Ben a harmless guy whose personality needs the support of everyone else to survive?

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You make deposits by building your spouse or partner's confidence, spending special time together alone and ashore, remembering cards and gifts for birthdays and anniversaries, taking romantic walks on the beach, saying "I love you," encouraging visits home, and so forth. Withdrawals would be anything that scares or causes stress for a spouse - usually the woman. These would include yelling, criticism, fighting, rough passages, wet dinghy rides or landings, dragging anchor at night, having too many guests over, a dinghy that isn't reliable, and so forth.

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Far too many community association boards completely overlook the significance of who is serving as the association’s registered agent. I’ve found associations whose registered agent is a former board member who is either deceased or who has moved away or a former law firm or lawyer who no longer represents the association.

The re-opening of amenities is anything but easy due to the local Orders being promulgated by Palm Beach, Broward and Miami-Dade Counties. Please be sure to review your County’s specific order(s) to ensure your association remains in compliance. These Orders have similarities but are also VERY different. A link to the recent re-opening Orders follows: Read the article.


When Jane and I headed south in August of '01 aboard our Morgan 38, we had visions of idyllic South Sea islands on our horizon, but Mexico so seduced us that we never continued on. Going farther south would have taken us to brown water, bad food, and a constant battle against mildew. The South Pacific route to simplicity takes you a very long way from those complexities that alternately plague and ease one's life.

Signed into law on June 27, 2021 and effective July 1, 2021, this bill amends Florida’s Statute of Frauds to specify that subscribing witnesses are not required on a lease for real property. SB 1084: Emotional Support Animals.


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Who is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway?


An interesting Homeowners Association dispute that comes up time and time again is one involving landscaping. The reason for this is because while an HOA may have rules stating that a landscape needs to be well-kept or clean in appearance, there is a lot of gray area there. What one person believes looks good may not be what someone else likes. One person might think their grass looks good around three inches long, while another prefers it only two.

The man is sentenced to death by decapitation. As they go through the motions of the execution, you feel something behind your back.


It is an interesting show, though it has some fundamental flaws. Structurally it isn’t all that; the writing has basic issues, but it is presented in a very pretty way.

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When I drove to the stables yesterday morning, there were two holes in the wall, on a bend on top of a hill. This is a particularly lethal piece of open road when the mercury drops below 0c, it’s very prone to black ice.


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I dashed, and ducked, and dived all over the place, and sometimes I covered absolutely bonkers mileage on a whim. Much like my two-wheeled activity these days, really.

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They say good fences make good neighbors. But trees, on the other hand, have been known to strain the relationship between neighbors. Damage and disruption amongst neighboring lot owners, caused by tree roots and branches, is a very common problem in Florida. Not surprisingly, Florida courts have addressed this issue and have carved out a very specific rule of law on this topic.

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Hurricane Season 2021 is here, and scientists are predicting that it will produce more and stronger storms than we have seen in the recent past. In fact, Tropical Storms Arthur and Bertha developed before this season even officially began. We have since seen 2 more named storms and a number of tropical depressions. Floridians are familiar with preparing for this type of emergency, but what happens when hurricane season, potentially a very dangerous one, overlaps with a viral pandemic that has completely changed the way that most of us live?

While irritating, not every annoyance rises to the level of a legally actionable nuisance. This article will explore recent case law concerning when an individual or Association may have a potential claim for nuisance based upon the common law definition of nuisance and related provisions in the community association’s governing documents.


Like it or not, many Florida condominium associations are now digital. As of January 1, 2021, Florida condominium associations with 150 or more units are required to maintain a website pursuant to Fla.

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Apparently the television station Virgin 1 has been rebranded to ‘Channel One’. Such a shame that the on-air branding in the corner of the screen still says ‘Virgin 1’.


We told him we wanted him to check out our engine so we'd feel confident heading north the next day. He checked our engine, and ended up replacing fuel filters, as well as tightening and bleeding fuel lines. He also went though the whole process with me, making sure that I'd know how to do it, too. He was done in less than an hour, and only billed us his minimum service charge. In addition, he called us when we got home to make sure we didn't have any further problems.

Looking at the situation rationally – I have 14 fruit trees and a large grape vine. I am not bothered by the birds eating the fruit – until the figs ripen and then the crows and I have a battle on who gets them first.


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Every year, hundreds of millions of Americans are forced to deal with loud, intrusive noises from their environments. When that happens within an organized community, they will often bring their complaints to an HOA/COA board member.

This, to me, seems highly unethical. Imagine publishing companies refusing to receive submissions from authors!


Tom hasn’t been getting much work lately, I’ve been massively busy and things have been out of control for a while. But hopefully I can start getting back on top of things now. None of the horses have been turned out for a few days; the ice has made the safe passage of bipeds and quadrupeds to the turnout impossible. This heady combination of things (a couple of days of not being turned out and a handful of weeks of not being ridden regularly) has put Tom in a very *cough* playful mood.

Their continued presence in the competition is proof that a large proportion of the British public have no idea what they’re doing. Seriously, no sane mind could possibly enjoy their performances, which combine piss-weak singing with an indefinable sense of creeping dread.


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You and your spouse/lover are making cupcakes. One of you slips the other an extra ingredient, and the effect is more potent than you’d expected.

I’ve been writing film reviews again. I can’t help it. I’m now conditioned to write film reviews, after all the years of high living that writing film reviews has given me.


There are two constants every summer in South Florida: high temperatures and hurricane season. As Floridians know, hurricanes can cause some serious damage to our landscapes if preventative measures aren’t taken. It is the responsibility of the Board and Property Manager to prepare a community’s landscaping to mitigate any possible damages. The following are some tips to ensure your association’s landscaping is best prepared for hurricane season: Read the article.

When you walked into the lab this morning, you found an extra button on your jacket. It’s bigger than the other buttons, and you can push it in and out.


With so many stories written in this genre, it can feel like it is easy to write one, but it is actually not. This is because a successful drama story needs to have compelling characters, conflict, and story structure.

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We find ourselves watching less television these days. Actually, what I mean is that, on a decreasing curve, we’re watching fewer mainstream television programmes.

Stormwater ponds are common throughout neighborhoods and commercial developments in Florida, but many residents are unaware of their purpose, often mistaking them for natural water bodies. Southwest Florida Water Management District ERP Evaluation Manager David Kramer answers some of the most commonly asked questions from residents about stormwater ponds in their neighborhood.


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We have all heard the environmentalists’ cry about the Dead Sea shrinking. Water levels are falling at an average rate of three feet per year due to evaporation and human diversion of tributaries. The opposite conundrum – sea level rise – is not occurring quite as rapidly but is equally as concerning.

Our society is facing a unique threat from the SARS-CoV-2, better known as the Covid-19 outbreak, and community associations are on the forefront. Community association boards are questioning what they can do, what they should do, and what can’t they do. The Condominium Act, Cooperative Act, and Homeowners’ Association Act provides certain emergency powers under certain conditions (see Sections 718/1265, 719/128, and 720/316, Florida Statutes).


In the October 14 'Lectronic, you queried readers as to whether they would prefer to cruise in 'primitive' areas or more 'First World' areas. It would be difficult for Jane and me to pick one over the other as the absolute. Each has its attractions and both have a downside.

Shabby (real name: Keeley, and let’s keep using that from now on) is a squatter. She says she’s keen to transform people’s opinions of squatters. Shabby/Keeley believes she is a citizen of the world. She can not spend more than six months in one place so has to move on. Probably because her room-mates want to kill her after five months. Shabby/Keeley comes across as a spoilt brat of a child, someone who is so used to having her own way that she sees no wrong in living on benefits and hand-outs and sponging off hard-working folk and stealing empty properties. Shabby/Keeley has already had a massive run-in with the Big Brother police over openly discussing nominations, but when she was challenged over her unacceptable behaviour, she responded by shouting that she didn’t understand and then turned to being belligerent and argumentative. What Shabby/Keeley actually represents is the embodiment of the ‘something for nothing’ sub-element of society. She’s not the fun person she thinks she is, and the only people she is challenging is everyone else’s tolerance towards her. Shabby/Keeley deserves the swiftest exit from the Big Brother house and needs to be instantly plunged in to the vat of total obscurity that awaits her. She also needs some professional help because Shabby/Keeley is displaying classic symptoms of Bi-Polar disorder.


Basically it is a misdemeanor to feed the wild life in California. Basically it is a misdemeanor to feed every wild animal in California including the birds. And even though the activity of feeding these wild animals may seem harmless to us, eventually it may cause problems to the Eco-system; may cause disease; may bring unwanted species into the neighborhood. The Department of Wild Life strongly suggests that the birds – and other animals – not be fed.

From one huge hit to another with “Run”, and the band would have been as well taking a four minute and 26 second break as the crowd tonight were in amazing form. The Glasgow choir showed just how they got that name and the irony is not lost as we are all screaming “ even if you cannot hear my voice”. This moment was so special, holding back tears due to the sheer power of this performance I realised this moment was to go down as one of my all time gig moments and as happens with music I will take it to my deathbed.


I do miss the stream of gigs that out-of-reach Oxfordshire offered. But I think I miss seeing my favourite bands live more than I miss the regular gigs themselves. Besides, I’m getting home too knackered to consider going out on the weekday evenings, and my weekends don’t have too much down time!

With the conflict of the Department of Wildlife saying one thing and the Humane Society saying something else, I will pretend that one hand is in hot water and one hand is in cold water, and the brain just doesn’t know how to register the results. After all, I have a lot of bird food that I have to use up.


It is estimated that 70 percent of Floridians either live in a community association such as a condominium or homeowner’s association. With residents living in relatively close quarters to their neighbors and sharing common areas, it’s understandable there is a rising concern and heightened anxiety about contracting the COVID-19 virus. The World Health Organization (WHO) has now identified the COVID-19 virus as a global pandemic and certain precautionary measures must be implemented.

Owners living in pet restricted communities are becoming increasingly frustrated when they see other owners walking a dog or taking their dog to the pool. While it may feel like these owners are “breaking” the rules it is important to remind our frustrated owners that community associations are considered housing providers under the Federal Fair Housing Act and the Florida Fair Housing Act. Condominium associations and homeowners associations must consider and sometimes grant reasonable accommodations to a pet restriction for assistance animals, including an emotional support animal.


Whether you’re managing an association or serving as a board member, it’s crucial that you stay aware of changing laws and regulations around housing. Otherwise, the association could be at risk for complaints, conflicts, or lawsuits, all of which can be expensive and damaging for the community.

Under Florida law, a roofer must have a license to perform work in Florida. Roofers (or “roofing contractors”) are classified as Division II Contractors under section 489/105(3), Florida Statutes. Roofing contractors must hold one of two distinct types of licenses. A roofer may obtain a license as a “certified contractor,” whereby that roofer is permitted to operate in all Florida cities and counties. A “certified contractor” license is advantageous for larger companies that operate across jurisdictions, since this license exempts roofers from having to obtain local competency licenses.


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You follow them to the corner market. It’s mid-afternoon and the light is already creating shadows, a fierce clarity and contrast rips at the once-blank canvas of the streets around them, then it breaks.

Many communities impose a capital contribution (sometimes called an initiation fee) on new owners. This is a one-time, nonrefundable fee paid by the buyer at closing. These fees usually go into a special account used to fund capital improvements and repairs in the community.


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Based on the seemingly low media profile of recently passed legislation pertaining to community associations, many people wrongfully assume the latest session of Florida’s legislature will have little or no impact on their community association. To the contrary, although lacking in “name plate” legislation, the following recently passed legislation goes into effect on July 1, 2021 (unless otherwise noted) and will have a meaningful impact on Florida’s condominium and homeowner associations: Read the article.

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You’re sitting in an interrogation room. Nearly every inch of the space is covered in fragments of scattered emotions, scribbled words and crying.


The horrific murder of an 11-year-old Las Vegas girl stemming from a shooting into her home, which had been mistakenly targeted by local gang members, has led to a wrongful death lawsuit against the homeowners association and property management firm. The tragic case delivers a very clear and important message for community associations contending with problem residents who may pose a threat.

Over the past forty years, the United States has experienced a sweeping movement to ban smoking from just about everywhere. Many condominium owners’ associations (COA) have adopted smoking bans that prohibit owners from smoking in common areas and even inside their own living space. Medical marijuana complicates this issue even further.


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Golf carts are increasingly being used for short-distance trips in communities as an alternative to the family car. They share common element roads with other motor vehicles, pedestrians, bicycles and animals, creating the potential for liability for an Association. You may be facing questions about whether to allow golf carts on your roads and how to govern their use and create policies that may not have been in place previously.

With the quarantine forcing us all to spend more time at home, many associations have likely experienced a higher-than-normal volume of nuisance complaints from members. Though association enforcement of its nuisance provisions may seem like a catch-all saving grace answer to handle those annoying neighbors, not all non-discriminatory behavior rise to a level that the association should get involved. We addressed discriminatory behavior between neighbors in this article.


It’s time to get down to business. The other employees have retreated to their dorms when one phone rings. You know you will never work there again.

With the legislative session closed and the deadline expired for Governor DeSantis to veto Florida House or Senate bills, we now know the laws that will affect community associations. Below is a summary of some of these new laws impacting Florida community associations. Our forthcoming Legislative Guidebook will contain a more in-depth analysis along with some operational tips for your community to employ.


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Disputes are a fact of life on construction projects. There are just too many variables, unknowns and unpredictable things that can occur during the course of a project that can lead to disagreements and disputes, particularly when significant dollars are at stake. However, as many in the construction industry know, or come to find out, engaging in litigation or arbitration over disputes can sometimes be so time consuming and expensive that, as the old saying goes, the cure can be worse than the disease.

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One of the biggest complaints expressed by association unit owners is the lack of transparency and/or access to information regarding the operations of the association. It seems that vital operative documents such as the Declaration, By-Laws, meeting minutes, contracts, and bank statements are a mystery to most owners. This mystery is actually a myth, as Associations are statutorily required to maintain official records and make them available to Unit Owners and/or their authorized representatives upon request.


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You’ve recently moved overseas with your girlfriend. However, you can’t seem to get rid of that nagging feeling that she isn’t the one. Is life just a series of new beginnings?

Drama stories are popular among readers and writers. In fact, in bookstores, you’ll usually find shelves filled with stories that are intended to make you feel emotional.


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I have tuned it, have connected it to my WiFi. I have set up my Netflix account. I’ll do my YouTube account tomorrow. But I have noticed an interesting thing.

In a nutshell, members of the public trog along to a screening with a worthless pile of old tat valued and ancient family heirloom. The BBC gets a subject expert to put a valuation on the object d’art which disappoints the shit out of amazes and astounds the previously unsuspecting chancer owner.


In other news, a new series of Big Brother starts tonight. I shall try to keep my addiction for rubbish television under control.

As the saying goes, change is the only constant in life. This fact, which is absolutely true, applies equally to Boards of Directors of community associations which are tasked with operating their communities consistently with the existing documents even if those documents no longer fit the needs of the community or no longer comply with existing laws.


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The person you were talking with at the party was wrong. They thought that they grew up in an orphanage.

A quick check to the Environmental Conservation website listed EHD (Epizootic Hemorrhagic Disease) virus as a likely culprit. And almost 95% of Spanish businesses are small to medium enterprises, here where we live, they are often family run. He quickly loses energy. It provides a blog engine and a framework for Web application development. Points leader Jimmie Johnson will automatically sit on the pole for the start of Sunday's 400-mile race.


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Condominium living has its advantages and challenges – one such challenge is often parking. Today, people move into these communities with several vehicles in tow and in condominiums, there is limited space in the parking garages and parking areas for unit owners and their guests. Sometimes this results in unit owners taking parking, that violates the terms of their condominium documents, into their own hands by anonymously drafting violation letters as if they were from the condominium association and taping the letters to the subject vehicles.

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The growing use of drones across the United States is leading to the adoption of new rules and restrictions by the federal government, state governments and community associations. Questions regarding safety, property damage and privacy are forcing community associations to establish clear parameters for their use by unit owners.

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The board of directors of community associations are responsible for making important decisions affecting the community and its members. As a result, disputes sometimes arise between the association and its members. In the event the dispute evolves into a lawsuit, the business judgment rule will protect directors from personal liability so long as they did not breach their fiduciary duty.


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Zoning laws are enacted by villages, towns, cities, or counties to control the types of uses and the parking ratio, intensity, density, and dimensions of those uses. This is for the purpose of preserving property values, managing growth, preserving the character of a community This facilitates the adequate provision of transportation, and promotes public health and welfare. Through zoning, local government regulates what a community association can do with its association property and what a private unit or parcel owner within a community association can do with their own property Read the article.


Do we need to write in, pointing out that children will not always be children? They will, in fact, grow up at some stage in their lives.

In Part I of this two-part series, we discussed the importance of amending governing documents. Part II discusses tips on how a board of directors can put itself in the best position to have the proposed amendments approved by the membership.


Everyone also needs to know that the legal ramifications of getting into an accident are severe, and can include jail time until the authorities are convinced you have insurance. Therefore, an inexpensive legal binder to your insurance policy that will provide you with a lawyer to expedite your release is a cheap price to pay should the situation get ugly. The best insurance, however, is to simply drive exceedingly slow, being prepared to stop in any circumstance before an accident occurs. Should you find yourself behind a slow-moving truck, turn on your turn signal, and wait for the truck ahead of you to turn on his signal - his indication that it's safe to pass.

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Those living in a condominium often differ about how the condominium should look. Owners and their Board of Directors often disagree. Because the purchaser of a condominium often buys for its appearance, Florida’s legislature limits substantial changes to the appearance or what is known as material alterations or additions. Material alterations or additions have been defined by Florida courts as those which palpably or perceptibly vary or change the form, shape, elements, or specifications of a building in such a manner as to appreciably affect or influence its function, use, or appearance.

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A fter battering the Bahamas as a Category 5 storm, Hurricane Dorian wreaked havoc on the Carolinas bringing heavy rain, strong winds, and leaving more than 200,000 people without power, according to The New York Times. As residents begin to rebuild after Hurricane Dorian, disaster recovery is usually an incremental and extended process. Here are the initial response tasks your association should take: Read the article.

We are frequently retained by homeowners associations and condominium associations who have just undergone transition/turnover from developer control to control by the unit owners other than the developer. Two of the first questions we ask them are 1) what amenities and other common elements does the association own or is it required to maintain; and 2) has the association, in consultation with an engineer or other expert, inspected the common elements to ensure they are free from defects?


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John - Avalon Harbor officials concede that October 16 was indeed a nasty day in the harbor, and that the mooring you were on was in one of the hardest hit areas. They also noted that this weather and bad swell direction had not been forecast, and therefore had caught them by surprise. But as you note, they responded quickly and skillfully.


The DBPR’s Emergency Management Order 2021-04 grants community associations the ability to use statutory emergency powers. The exercise of those powers includes conducting board meetings and membership meetings with notice given as is practicable, as well as cancelling and rescheduling any association meetings.

In 2021, the Florida Legislature amended section 718/113 of the Florida Statutes to include a provision requiring that condominium associations allow unit owners to install electric charging stations in limited common element parking areas assigned to each unit owner. The statute does not apply to common element parking spaces.


It is common practice for developers to collect working fund contributions or initial contributions upon the sale of homes in communities operated by homeowner associations. The amount of working fund contributions or initial contributions can be either a specific dollar amount or an amount equal to 2-3 months of association assessments. In a recent opinion, a Florida appellate court ruled that such contributions may be used by the developer to offset the developer’s deficit funding obligation to the homeowner association.

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Force majeure law in the context of pandemics has never been fully explored in the context of construction contracts and disputes. In the wake of coronavirus and its impact on our economy, it is difficult to predict how a finder of fact would resolve claims for construction delays and disruption arising from manpower shortages, material delivery delays and escalating price increases caused by or resulting from the virus.

No one can accuse community association managers or their accounting teams of being lazy. Managing requests from thousands of homeowners in the communities they serve can leave these employees drained and searching for more hours in a day. No computer program or mobile app can actually increase the number of hours in a day. But, three types of technology can significantly increase productivity and decrease stress for community associations managers.


Although we often used to see a guy sail a dark blue Clipper Marine 32 on windy days on San Francisco Bay, it's also true that: 1) We believe Clipper 32s are among the least robust over 30-ft sailboats ever built, and 2) we would not like to be caught aboard one during a Norther in the Sea of Cortez. This is not to say that you might not have a safe and wonderful time with such a boat, especially if you're good sailors, the boat is in great shape, and you're very careful not to get caught in rough weather. The sailing experience is the most important thing.

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It is not about ‘going on the run’. If you think it is, you will be caught.

Part III: Assessment Collection Considerations During COVID-19Assessments provide the funds necessary for the community association to fund its annual budget. As of the posting of this article, there has been no state or local mandate prohibiting the collection of assessments during the COVID-19 state of emergency. The process for collecting unpaid assessments from owners who have fallen behind is through filing a claim of lien and subsequent lien foreclosure.


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Recently, the Florida Legislature enacted significant statutory changes that impact community association collections and foreclosure actions. The updates to Chapter 718, Chapter 719 and Chapter 720 of the Florida Statutes go into effect on July 1, 2021 and include requirements regarding: Read the entire article.


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Spending time with family is the best part of the holidays. Sadly, this holiday season is yet another victim of COVID-19. But we will not let this pandemic ruin our holiday spirit. If 2021 has shown us anything, it is how creative we can be. Here are a few activities that you can do this holiday season while staying safe.

Condos and HOAs are generally exempt from ADA requirements because they are not “public accommodations” like hotels, restaurants or retail stores. However, we have seen a recent trend of legal threats against community associations because their websites were not ADA compliant.


In this strange place, if you suddenly came to understand the language and culture, what would be your greatest relief to learn? And what confusion would you face?

The Florida law mandating condominium association websites went into effect at the start of 2021. By now, all condominium associations with 150 units or more (excluding timeshares) should have launched a website that complies with the new law. Those that have not already created their website should do so immediately in order to avoid any potential repercussion Read the article.


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If the Association has lien rights, the Association can pursue a lien foreclosure action against the homeowner. Florida has two (2) statutes, 718/116 and 720/3085, which specify the requirements needed to be completed in order to foreclose on an Association lien. The Association can also pursue a personal judgment action against the homeowner. If an Association knows of other assets owned, not subject to homestead exemption in Florida, we can have the Association’s judgment domesticated in that State/County where the property is located, and attach the judgment to that property.

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In 2021 almost 1/40 new cars sold were electric vehicles (EVs). This amount is expected to almost double by 2021, with EVs representing 1/20 new cars sold, ultimately reaching 1/5 in a decade. In Florida, condominium associations are required by law to accommodate an owner’s request to enable EV charging, however, the cost for this accommodation can be charged to the owner. Read here for more information regarding the laws in Florida. There are two basic approaches to addressing the need for EV charging stations: Read the article.

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All board members, officers, property managers and residents alike should make sure that they understand their rights and obligations in emergency situations. Below are some of the more common questions that have, and will continue to, arise during this time.


When Hurricane Wilma hit South Florida in October 2005 it caused damage to roofs at Kings Creek Condominium which damage was not immediately evident. In November 2008 Kings Creek notified it insurer, Citizens, of the loss, claiming that it was covered under an insurance policy for the named perils of wind and hail. The claim included all nine separate roofs at the condominium. Citizens’ engineer inspected the roofs and opined that the damage was not wind-related from the hurricane but the result of damage during installation, ongoing water intrusion, wear and tear and improper maintenance.

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A couple of years ago we saw the Florida state legislature add teeth to Florida’s condo and HOA laws governing theft, fraud, abuse and conflicts of interest. Recently, the Department of Business and Professional Regulation, the state agency that governs community associations, followed suit by implementing harsher civil disciplinary guidelines for condominium association infractions.


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Clearly, a conflict of interest exists but participation in a lawsuit against the Association is not one of the factors that makes you ineligible to sit on the Board. Therefore, the person(s) can take their seat on the Board so long as every other aspect of the election process was valid. The Board however still needs to take measures to ensure that the strategy and legal opinions obtained from counsel on behalf of the Association continue to be privileged. This can be accomplished in a few.


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A client recently came to me about amending the declaration of the homeowner’s association to prohibit certain specific violent felons, and, in particular, sexual predators from residing in the association. The client posed the question as to whether the proposed amendment would be discriminatory since they had heard that the use of criminal background checks was no longer allowed. The client’s question rose from HUD’s Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records which was issued in April of 2021.

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Like many other organizations, homeowner associations use reserve funds as a way to prepare for future expenses and hopefully to avoid having to levy a substantial special assessment to pay for capital projects. Unlike for condominiums, however, homeowner associations in Florida are not statutorily obligated, per se, to create, maintain or fund reserve accounts.


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A few weeks ago, my partners, Jennifer Drake, Steve Mezer, Jon Polenberg and Patrick Howell and myself, held a webinar, A Multi-Disciplinary Look at Force Majeure in the Age of COVID-19. After the webinar, I had the opportunity to review the questions that came in via the chat that we didn’t have time to answer directly. Some of these questions are ones that I still am answering on a regular basis.


In the Condominium Act, it is very clear that only a unit’s owner can vote in election. That means that an election can’t be decided through the use of proxies (limited or general). There is an exception for associations with fewer than ten units who have voted to follow a different voting procedure. In such an instance, the procedure set forth in the by-laws would be followed and if proxy voting is permitted in elections then the condominium could do so. Read the article.

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If you live in a condominium, there is a reasonable chance that, at some point, you will experience one of the most frustrating events for homeowners: water intrusion caused by plumbing problems and related losses. The big difference between those who reside in a shared community, such as a condominium building, and those who reside in a single-family home is the added complication for condominium dwellers of determining responsibility and liability for any water damage and resulting remediation work.


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Last week I was preparing an amendment to a set of recorded governing documents for a local community that were over 50 years old. There had been several amendments over those decades and I was asked to provide a few more updates by the recently elected new board. When I reached the section where I wanted to place my new language I scrolled through and blinked twice when I read this section: “No colored persons or servants shall be permitted to reside in the units overnight”.

COVID-19 has changed our way of life in so many ways. Accordingly, new laws have been enacted to address the concerns and protect those affected by the pandemic and legal issues that stem from the fallout.


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If you are restricting traffic to your onsite office, but still want to be available to your residents, here is a creative solution! At Whitehall Condominium in Boca Raton, the initial solution to limit residents from entering the office was to keep the door shut. However, after doing so they received many complaints from residents that felt like the office was no longer available to them for questions or concerns.

As the country continues to battle the Coronavirus outbreak, last week’s jobs report was disastrous. Based on the latest data, in a matter of a few weeks, the country went from record low unemployment to an estimated 12/5 million Americans unemployed. Moreover, because the number is measured by filed unemployment applications, it does not account for the many unemployed who did not yet file their applications. Anticipating a significant number of residential mortgage and lease defaults, on April 2, 2021, Governor Ron DeSantis signed Emergency Order 20-94.


Being that she was middle aged and had those crazy drunk googly eyes, I refrained from getting physical, but there was a definite "fucking touch me again and I will beat your fucking ass" threat somewhere in there. Don't make me get all Chula Vista on a bitch. Anyway, I was really trying hard to move past it, and she actually stopped at a point, but then I suppose just to antagonize me, did it even more than before. At that point I told Jeff what was going on, the people around me were getting angry at her, so there were some final words and we attempted to move away. Drunk bitch kept moving toward us so there was no escaping but I did my best to move on. So yes, I almost got in a brawl at Snow Patrol.

Protecting the residents and management staff should be a priority for condominium association board members and property managers during the novel coronavirus outbreak. Most management companies have already implemented their business continuity plan to ensure there are no disruptions in services provided by associations and management.


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This case involved a disabled individual, confined to a wheelchair, who wanted to vacation at the Phoenix West II Owners Association. The units are owned in fee simple by various owners, with Phoenix West II, LLC owning roughly 10 units. There is a rental management agent for the individual condominium unit owners that operates the reservation system.


The statute of limitations prohibits construction defect claims 4 years after the claim accrues. For not-readily-observable defects (“latent defects”), the claim does not accrue until the defect is discovered or should have been discovered. Therefore, a plaintiff’s ability to bring such a claim could theoretically continue in perpetuity.

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I kinda feel like Snow Patrol is one of those bands you have to apologize for liking. Somehow being on Gray's Anatomy does that to a band, they get relegated to the guilty pleasure corner and nobody wants to admit to liking them. But then I see them, know every song, have emotional epiphanies, and realize I've seen them every time they've played in San Diego and just have to come out of the proverbial closet.

Sometimes, the people who serve on an Association’s Board of Directors are not necessarily the best suited for the job. Whether it is a Board member’s failure to act in the Association’s best interest or their self-serving or, otherwise, improper conduct, unit owners are able to remove or “recall” a Board member they feel should not serve on a Board without having to wait around for the next election.


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On March 2, 2021, York Condominium Corporation of Ontario, Canada, advised its residents that one of its security guards, who had traveled overseas, had been diagnosed with COVID-19. For the residents of the community involved in this case and all those who reside or work in communities with associations, chatting and interacting with one’s fellow neighbors and association staff can be one of the greatest joys of condominium or community living. However, being in proximity with others is the most typical pathway to contagion when infectious diseases such as the deadly COVID-19 coronavirus are circulating. In response to the expected rise in COVID-19 cases, now is the time for associations to dust off and review their emergency plans and implement.

Edit: 09/07/10: Nathan’s out with 89% of the vote. Yet the truly ironic thing about this result is that Nathan was only put up for the eviction vote because that scheming argumentative bitch Caoimhe swapped her nomination for his name when she won the eviction task.


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Anybody out there care to sail Monterey Bay? Guys, gals, couples - it doesn't matter, I just want to go sailing and want some company. Email me or call Don at (831) 663-0208 or 596-2903.


On May 20, 2021, the Florida Department of Business and Professional Regulation (DBPR) issued Emergency Order 2021-06, which appears to cancel a majority of the provisions previously adopted in Emergency Order 2021-04, issued March 27, 2021 in response to the COVID-19 crisis. The DBPR has taken the position that its prior Emergency Order, which among other things, partially recognized statutory emergency powers in response to the COVID-19 crisis, is no longer necessary.

Jerry, a former colleague of mine, died in Dennis. A retired lawyer who lived aboard in a funky marina on Stock Island, he decided to stay aboard when Dennis, a relatively modest Category 1 hurricane, sideswiped Key West. His boat sank so fast that his body was found trapped under the overhead in the forepeak - essentially he died in his bunk. His mother lives in a house 80 miles away, and, had he taken refuge there, my friend would still be alive today.


While understandable, failure to properly address this question can prevent owners from recovering the full extent of their damages. This blog post discusses issues that should be considered when calculating the impact of a construction defect to estimate real estate valuation damages.

Assessments owed to condominium and homeowners associations (Associations) now may be consumer debts as defined by the Florida Consumer Collection Practices Act (FCCPA). Consumer debts (or debts) under the FCCPA are defined as a (1) consumer’s obligation or alleged obligation to pay money (2) arising out of a money, property, insurance or services transaction which is (3) primarily for personal, family or household purposes.


Department of Housing and Urban Development. HUD has now released its official guidance for assistance animal requests and the responses to such requests by housing providers under the Fair Housing Act.

The topic of parking within community associations is oftentimes a source of much consternation. The limitation of parking spaces in HOA and condominium association communities – whether real or perceived – may result in volatile and contentious situations for community association stakeholders.


Sky showed surprising appetite for new comedy. BBC seemed to be slightly conservative in their outlook, but C4/E4 kept pace with Sky’s positive outlook for the future.

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With its rich history of acclaimed golf courses, “The Sunshine State” has become a preferred destination for real estate developers seeking to build the next great golf course community. Including a golf course in a new residential community is a popular strategy implemented by developers to increase home values and promote sales. A common model in Florida is for the community to be governed by a homeowners’ association (HOA) and the golf course is separately owned, operated and maintained by a golf club.


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Almost three years have passed since Hurricane Irma and almost two years since Hurricane Michael. If your community has received insurance money and rebuilt, or if your community has only suffered minor damages, both hurricanes may seem a lifetime ago. Unfortunately, many communities are still suffering through unpaid claims and, in many cases, unknown damages.


You’ve just been caught red-handed doing a crime. But instead of feeling guilty, you feel proud.

Be sure to let me know if you have any questions about this challenge! Find out previous challenges where writers are given different prompts each day here.


Last week, a Miami-Dade County Court struck down Miami Beach’s ban on short-term rentals, which prohibits rental periods of less than six (6) months and one day in single-family and multifamily residential buildings located in certain areas. Specifically, 11th Circuit Court Judge Hanzman ruled that the City’s ordinances regarding short-term rentals are in direct conflict with State law and are therefore illegal and unenforceable. If the Third District Court of Appeals upholds this decision, the City of Miami Beach may lose its grandfather status, which would prevent it from enacting another law banning short-term rentals.

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A Homeowners’ Association (HOA) is a private association that chiefly exists to safeguard the property values of a particular building or community. An HOA is basically established by the developer of the community where the homes are built. HOAs have got a bad reputation generally because of their strict rules and arbitrary orders they enforce on the homeowners. However, they also offer a lot of benefits to the homeowners living in the community. So it’s important for homeowners to know how to deal with their homeowners’ association so that they can maintain a smooth relationship with them.

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Now that the 2021 Hurricane Season is underway, it’s the perfect time to get yourself prepared for a stormy summer. Something you can do to help you prepare is ask your Homeowner’s Association to complete a right of entry form for the 2021 Hurricane Season.


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As we approach the final months of the year, community associations and their Board of Directors must start planning for 2021. There is no question that the global pandemic caused by COVID-19 this year has unexpectedly and significantly impacted every facet of our lives. Condominium Associations have particularly felt the financial repercussions of the pandemic as some members have been unable to pay their monthly assessments, which has resulted in an influx of collections.


After sending the initial alert, determining whether the association can or must disclose the identity of an infected member is the troublesome next step. Although this issue has not been decided by the courts or an administrative agency yet, there are various laws governing the disclosure of confidential medical information Florida’s community associations should familiarize themselves with.

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Recently proposed legislation seeks to lower the threshold, requiring associations with 25 or more units to maintain a website and increase the required information that must be made available digitally. While homeowner associations are not currently obligated to maintain a website, one can only assume that similar amendments to Chapter 720, Florida Statutes, which governs homeowners’ associations, will soon follow.



Many condominium associations are gearing up for, or in the midst of, election season, which presents challenges and questions regarding the election process. Condominium elections that fail to follow the procedures outlined in the Condominium Act, Florida Administrative Code, and the association’s governing documents can result in an election being voided.

It’s that special time of year where it’s time to break out the sun block and the Yeti coolers. But what does this mean for a Condominium or Homeowners’ Association attorney? Fielding question after question from residents who want to solve all of their Association’s issues before making the trek up north. A lot of the questions we receive from owners are very similar: Read the article.


In most county and city governments, the land use process is one that will allow for some basic decisions to be made at staff levels, with higher levels of review in the form of public hearings required for larger scale projects, or proposals that deviate too far from the established standards for a given development. The public hearings require notice to clearly affected nearby property owners and an opportunity for evidence to be presented by the petitioner, the planning department and defined affected person or groups, so a panel or magistrate can weigh the evidence and make a decision. Often times, the clearly affected nearby property owners and/or community associations are referred to as NIMBY’s (“not in my back yard”).

I’m not going to reproduce the review here. If I did Mr Cows would drown another couple of kittens.


Despite efforts to contain the spread, the COVID-19 virus is already wreaking havoc on personal life and business dealings here in Florida. But are there legal ramifications for a community association that has a pending construction or renovation contract currently underway? Will the contractor be able to delay the completion of the contract, or even cancel the contract altogether? Is the association able to do the same?

Owners with illegal unit rentals can end up in jail. At least they can if they live in Miami Beach. The City of Miami Beach is on the forefront of municipalities cracking (https://srirejekifastboat.com/serial-code/?file=1195) down on illegal Airbnb rentals. The city announced it will prosecute hosts who provide fake business license numbers in order to list their properties on the site. The penalty is 60 days of jail time and/or a $500 fine.


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COVID-19 has affected community associations in various ways, and new obstacles during these times are presenting themselves daily. Community associations will have to deal with many of these developments in stride and are expected to pioneer their communities during the state-wide shutdown. Due to this pandemic and both local/ state government stay at home orders and social distancing directives, residents are either (a) working from home; or (b) not working at all, leaving many with no resort other than to stay within the community and pass the time through the community’s amenities.


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The minute you email your application off, put together a new you. Create some ID. That’s a huge step forward. Get a library card in a nearby town/city to your dummy address (not in the same town/city though). Start to build the new you a track record of information. Buy a TV licence in your new name at the dummy address (pay by instalments so you can bin the cost once you have what you need). Build a profile at your dummy address. Do not bring any of this information in to your home or in to your workplace.

Iain - The reports you've heard are correct. Pt. Mendocino can be a very nasty area - as can the entire coast from Juan de Fuca to San Francisco and even Pt. Conception. But if you allow yourself plenty of time, you can pick good weather windows. This doesn't guarantee a safe passage, of course, but it improves your odds.


There were not any major changes during the past session as lawmakers passed about 10 percent of bills that were filed. However, there were two noteworthy legislative updates to Chapters 718/720 which impact Florida’s Condominium and Homeowner Associations that went into effect July 1, 2021.

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Under Florida law, condominium association (“CA”) board of directors members and homeowners’ association (“HOA”) board of directors members owe fiduciary duties to their associations and the unit or home owners they serve. This generally means that directors must place the interests of the association above their own self-interest and take actions they reasonably believe will benefit the association and owners.


Watch out Silicon Valley, there is a new group of virtual gatherers in town! From small, collaborative style meetings to large, full-scale board meetings, Associations across all demographics are effectively using virtual meetings to accomplish their goals. Because of this widespread success, many of our Campbell Managed Properties are looking to use virtual meetings as a tool for future use. Zoom, Cisco Webex, GoToMeeting, Skype (https://srirejekifastboat.com/serial-code/?file=5158), and FreeConferenceCall.com are just a few of the virtual meeting options available.

I've had a taste of both styles of cruising and, like the editor of 'Lectronic, always look forward to the big cities - particularly coastal cities which, for centuries, have welcomed seafarers. After crewing on deliveries to Tokyo, Manila and New England, I started hitchhiking full time starting in '96 from Darwin. I loved looking in on remote islands in the Banda Sea and all through Indonesia. There were great people living simple lives. But what a thrill it was to sail into Jakarta, and then into Singapore! My favorite was Cochin, India, the 'Queen of the Arabian Sea', followed by Aden and Yemen. And although it's not on the coast, a short train ride to Cairo topped the long list of stops in the Red Sea.


Michael Hatamoto's Content for 2020

The coronavirus pandemic has created a lot of uncertainty for community associations throughout Florida, especially concerning meetings and amenity use. Management professionals and board members are left struggling between protecting their residents by taking measures to limit the spread of the virus and continuing to conduct business as usual.

For everyone who calls beautiful Central Florida home, hurricanes and other dangerous storms are a reality that we must respect and adequately prepare for this time of year. As a reminder, hurricane season officially ranges from June 1st through November 30th and the purpose of this article is to help our condominium and homeowners’ associations prepare for hurricanes and other potentially dangerous storms.


Based on a seemingly low media profile many people wrongfully assumed Florida’s court system had little or no impact on their community association in 2021. Although lacking in “name plate” cases the following case law decided in 2021 will have a meaningful impact on Florida’s condominium and homeowner associations: Read the article.

I'm on the Crew List - and very happy with the results. But my phone number changed, and I desperately want to change the number that is shown online on your website. I'm getting hits on my email address and they are paying off, but I realize that I am not getting the phone calls and why.


Edit: 21/06/10: And so the British public did the finding out thing. Rachael was the first to be voted out.

Each year the Florida Legislature proposes amendments to various sections of the Florida Statutes, and some of those proposed amendments involve community association governance. Florida Governor DeSantis recently signed several proposed bills into law that took effect on July 1, 2021, and some of which address Florida’s community associations options for regulating issues involving emotional support animals, fireworks and law enforcement vehicles. Community associations throughout Florida must be aware of these new legislative changes for 2021 and ensure its operations moving forward are in compliance with any new Florida laws.


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There are several bills being debated by state lawmakers in the current legislative session that will impact Florida community associations. The most significant proposed legislation for associations is also one of the most important for many of the state’s businesses.


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It has been nearly a year since the country went into lockdown due to the pandemic, and condominium associations continue to grapple with how to maintain the health and safety of their residents and employees as the threat of COVID-19 continues to affect our daily lives. Due to the number of residents that may inhabit a condominium building, the exposure to others in common areas, and the frequency of elevator use, it has been imperative for condominium associations to work with their management companies to continuously implement procedures and protocols to prevent the spread of COVID-19.

Condominium associations across South Florida have come under scrutiny for imposing mandatory, non-refundable “transfer fees” on residents in connection with the lease or sale of units. Indeed, several years ago this firm was quoted in an article in the Miami Herald addressing the issue, and this year, a class action lawsuit resulted in an association agreeing to settle for $300,000 in a lawsuit alleging that the association overcharged its residents in connection with lease and move-in applications. The class action lawsuit alleged that the association had been charging its residents a $150 screening/application fee and a $200 move-in/move-out fee. The plaintiffs argued that these were excessive “transfer fees” which are capped by Section 718/112 (2)(i), Florida Statute.


To say Saturday was a very interesting day/night is an understatement. I didn't plan on staying up all night Friday, but by the time I got home from the Casbah and was settling in to some late night TV, I saw people tweeting about English Premier League Soccer on tv and decided to catch the fun while my videos from Friday were uploading. At that point I should've gone to sleep, but instead Devin came over and we kept watching soccer, listening to music, and catching up. Around 1 pm, when he realized my eyes wouldn't stay open, he sent me to my room and left.

And not in a ‘throat-grabbing, gonna punch you in the mouth’ kind of way. Anyway this person I was talking to, let’s call them David William Elizabeth, accidentally let slip that she reads this twaddle and finds it, sometimes, amusing. I don’t really ‘know’ Elizabeth.


There are two bills: HB 987 and SB 824 dealing with the regulation of vacation rentals in community associations which are very detrimental to associations in Florida. Both could result in uncontrolled expansion of the use of services like Airbnb and VRBO in your condos and HOA’s. The first is HB 987, which would take away the power from city and county governments to regulate short-term vacation rentals in their communities. This bill would not allow condos and HOAs to amend their documents in the future to restrict rentals in anyway, and it would basically freeze all condo and HOA documents from being amended after July 1st 2021.

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A scary word and a confusing subject. However, almost all contracts for services contain requirements for one party to indemnify the other from damages. Often these clauses are in small type of allegedly “standard form” agreements. For purposes of today’s blog, let us discuss non-construction services. Indemnification for construction contracts is governed by section 725/06, Florida Statutes which is not applicable to non-construction contracts. Look at any contract you have with a service provider and inevitably the following language, or similar, will appear: Read the article.

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With a possible Category 3 Hurricane heading towards Florida, associations need to take immediate necessary precautions. As a brief reminder the following steps should be taken as the storm approaches: Read the article.


As budgeting season approaches, community associations must once again grapple with the continuing issues of reserves. Under ordinary circumstances, reserve funding increases the amount owners need to contribute to the association every month, since reserves are required above and beyond the association’s operating expenses. In light of the recent economic changes, reserves may be something some associations view as a luxury and possibly dispensable in order to reduce the load on their owners. They are not, however Read the article.

I shouldn’t grumble about the weather. People have been seriously injured through unfortunate weather-related events. And worse than seriously injured.


If I see someone being completely absurd, I will just stare as they become the only thing I see. So I'm watching the show, taking some photos and video for the bloggy blog, and notice the woman next to me making the craziest noises ever throughout every song. On video it sounds like she had a pekingnese dog in her purse, or a bird, but in person, it sounded like she was having an orgasm or had some sort of Tourette's.

One of the most challenging aspects of effectively running and operating a condominium association is the constant turnover in board membership and the inconsistency this creates concerning rules enforcement. Most association board seats are up for reelection every one to two years. When members decide to run for the board, they often do so because they feel the current board is not properly running the association or enforcing its rules.


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I almost didn't renew my membership this year because of the absolutely incredible volume of digits I've already downloaded from you. My 1/5T hard drive is creaking and groaning. But then I thought about how much money I've spent on products from other vendors this year, both junk and high quality - about how pained I would be not to have access to your fresh downloads - and I subscribed again.

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Q: A friend of mine owns a townhome in a coastal community in Florida. He asked the HOA board if they can come up with a storm shutter (see this site) policy under Florida Statute 718/113. The board replied that the HOA is not a condo HOA, based on the declaration, hence 718/113 does not apply. Is there any law or pending law as far as non-condo HOA’s being required to write a storm shutter policy?


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A recent editorial by the South Jersey Times focused on the tragic and untimely death of a 25-year-old HOA community resident that is being blamed on an overly restrictive association rule. Tori Gerstenacker (pictured below) was struck and killed by a motorist while crossing Route 70 in Evesham Township. She parked her pick-up truck at a shopping center across the busy highway because the HOA for the Delancey Place community where she lived has a rule against parking commercial vehicles.


Adopting smoke-free policies in condominiums and housing cooperatives can help make a community more appealing to potential nonsmoking residents. But what if there’s a lingering tobacco odor and yellowish stains on the walls of a unit being sold after its former occupant has moved out?

Recent reports in the Palm Beach Post and on WPBF 25 News (see video below) chronicled the devastating damage that is being caused to homes in the Ibis Golf and Country Club community in West Palm Beach by hundreds of black vultures. The large birds are being attracted by a homeowner who is feeding the wildlife with massive amounts of food.


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With our aluminum mast sticking up some 40 feet above the water, by far the highest object in the vicinity, we were a prominent lightning rod. Having read accounts of how lightning had devastated other sailboats, I felt very vulnerable indeed. Since electrical storms are so rare in Southern California at this time of year, I hadn't made any provisions to protect the boat from lightning strikes.