Journal Notes—December 2018

Journal Notes—December 2018

by Michael Hamline, Editor / Published December 2018

December is Florida Community Association Journal’s (FLCAJ) Special Legal Issue. It begins on page 6 with congratulating the commitment shown by several individual attorneys who have obtained the professional designation: Florida Bar Board Certified Condominium and Planned Development Attorneys. Of the 127 attorneys who obtained this professional certification as of June 1, 2018, we are glad to recognize 50 of them here.

Ryan Poliakoff with Backer, Aboud, Poliakoff & Foelster answers a question on what is and what isn’t permitted in a community association regarding holiday decorations on page 20 in his article “Holiday Decorations—Can They Be Restricted?”

On page 24 in the article “Those Pesky Little White Balls,” Astrid Guardado with Becker addresses liability issues that might arise in golf course communities.

Dania Fernandez, Esq., addresses several important questions on page 26 in her article “Fining Procedures: Most Commonly Asked Questions.” She lays out 10 steps to take, from forming a fining committee to addressing non-compliance.

Michael J. Gelfand, Esq., notes in his article on page 32 “Your ‘Master’ Association May Not Be What You Think It is!” that it is important to understand what law applies to your master association. He points out, “Especially if your community pre-dates 1992, then your master association may not be subject to the requirements of the Condominium Act.” Of course, you should consult your attorney with any questions.

On page 36 in “Not So Fast! Court Finds Owners Must Follow Pre-Suit Notice Procedures for Damage Lawsuits Against Their Condominium Associations,” Lindsey Thurswell Lehr, Esq., with Siegfried, Rivera, Hyman, Lerner, de la Torre, Mars & Sobel details how condominium unit owners “must comply with the pre-suit notice and investigation requirement of derivative lawsuits.”

Eric Glazer with Glazer & Sachs deals with the confusing issue for condominium associations of Florida statute 718.111(2)(d)2 and its implications on consecutive amount of time someone can serve on the board. The article “Confusion Reigns in Condominium Elections” can be read on page 40.

Kaylee Tuck, Esq., with Henderson, Franklin, Starnes & Holt deals with group homes and their effects on community associations on page 44 in her article “The More the Merrier? Why Your Community’s Hands May Be Tied When It Comes to the FHA.”

Finally, on page 48 in the article “Termites, Rot, and Spalling,” Peter Cardillo with the Cardillo Law Firm deals with these home wreckers.

FLCAJ wishes you a Merry Christmas, Happy Holidays, and a Happy New Year!