Judge Rules against Motion to Hold Walton County in Contempt

Around the State

Village Pumps Brakes on Golf Cart Use
A proposal to expand use of golf carts on Islamorada subdivision streets hit a few bumps in the road Dec. 12. Mike Forster, newly tapped as Village Council mayor, said “a lot of constituents” in Indian Mound Waterways and Plantation Key Colony subdivisions “have asked for some way to regulate golf carts” to make them legal to use within the neighborhoods. “It’s... (more)

Celebration, Florida: How Disney’s ‘Community of Tomorrow’ Became a Total Nightmare
In 2004, Disney sold the downtown of utopian Celebration, Florida, to a private equity firm. Residents say it took their money and let the city rot around them. When Cookie Kelly first heard about Celebration, Florida, Walt Disney’s master-planned town just a stone’s throw away from Magic Kingdom, she was... (more)

Madeira, RR Restoration ordered to pay nearly $16K for destroying dunes in Marco Island
Madeira on Marco Island Condominium Association and contractor RR Restoration must pay $15,500 for damaging dunes and removing native vegetation, according to a Florida Department of Environmental Protection consent order filed Wednesday. Within 30 days, Madeira must pay the department $8,000... (more)

Judge Rules against Motion to Hold Walton County in Contempt
In a ruling handed down Wednesday, Circuit Court Judge Jeffrey Lewis sided with the county, and its argument, that for an entity to be held in contempt, a petitioner must prove a direct violation of a specific court order. “Contempt is an intentional offense against the authority of the court or a judge performing his judicial... (more)

Blog Bits

Stay Warm: How to Safely Operate a Generator during the Winter
Winter in the northern hemisphere officially began Dec. 21, but many parts of the U.S. have already been pummeled by snowstorms. Sometimes, these storms can cause extended power outages that last hours, days, or even weeks. That’s why many homeowners opt to have a residential generator... (more)

Condo Association Websites: 5 Must-Have Features for Every Condo Website
If you are looking to have a Condo association website developed, there are a few crucial features that need to be included. In order to create a functional, user-friendly site that caters to the needs of residents, you’ll want to build a site that offers a variety of tools, services, and content. This will create a smooth... (more)

HOA Board Member’s Hidden Agenda Concerns Unit Owner
Q: An owner who is in violation of the one dog rule is running for the board. If elected she will have a vote on a dog policy issue. I think she should recuse herself from the vote on the basis of self-interest and fiduciary responsibility.
A: While I agree with you in theory, I think you will find that self-interest is often what propels people to volunteer... (more)

Ask an Expert: Your HOA, Condo Questions
Q: Are new board members of condominiums and homeowner’s associations (HOA) required to obtain a certification?
A: Many associations have recently held their annual elections. This means that there are a lot of individuals recently elected who have not been properly certified as required by Florida law. Since 2013, all new board members need to be certified... (more)

FCAP Resources

Board Transitions Present Added Challenges
Changes and shakeups on community association boards of directors are common in Florida; and since the legislature has imposed term limits for association directors, communities are likely to see an even greater level of transitions to new board members in the years to come. While it is still common to see the same directors serve year after year on... (more)

Did You Get It in Writing?
We have all been in circumstances where someone promised something, reneged on that promise, and we wished we had the original promise in writing. “Getting it in writing” can also be crucial in the condominium and HOA context. Several years ago, our firm successfully argued the case of Curci Village Condominium Ass’n, Inc. v. Maria, 14 So.3d 1175 (Fla.App. 4 Dist.,2009).... (more)

Association v. Unit Owner Property in an Insured Loss – Blurred Lines
It all seems so very simple: the HOA/COA takes care of maintaining and insuring association property, and unit owners take care of maintaining and insuring unit owner property. Why does it get so complicated when we throw insurance into the mix? Because determining who is required to insure... (more)

Dust, Debris, and Dollars – Tips for Associations Planning Large Repair and Construction Projects
Maintaining the association’s common elements is one of the primary responsibilities—and headaches—for an association and its board of directors. The duty is so important, in fact, that it comes up multiple times in the Condominium Act (Florida Statute Section 718.111(4) to maintain, repair, lease,... (more)

Upcoming Events

Condo Board Member Certification – Miami
If you are planning to serve on your condo association board, you probably know that you will need to comply with Florida’s certification requirements within 90 days of being elected. Our Condominium Association Board Member course is tailored specifically to certify condo board members. Your participation will satisfy the statutory requirement so that you are... (more)

How to Properly Run an Election – Ocala
Participants in this course will learn how a Community Association election is carried out with an overview of the election and voting procedures. Topics covered: • Elections and Voting • Notice Issues (Timing, Form, Substance) • Nomination/Intent to be a Candidate • Errors on Notices, Roster, Ballots, Envelopes ….How to Handle • Voting Certificates • Election Procedures... (more)