Two Property Owners Escalate Walton Customary UseDebate

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Two Property Owners Escalate Walton Customary Use
Debate
The latest twist in Walton County’s tumultuous customary use battle has some beach property owners threatening to seek legal sanctions against the county’s attorneys for attempting to claim, as public, land that in years past had been specifically declared to be private. Edgewater Beach Condominium homeowners... (more)

Tallahassee Woman Raises Concerns over 'Racist Language' in Homeowners Association Contract
A woman looking to buy a home in a Tallahassee neighborhood is expressing concern after seeing what she calls "restrictive racial language" in a homeowner's association document. The covenant, written in the 1930's, still exists in HOA documents that must be signed when buying a home in the Betton Hills... (more)

Residents ask Casselberry to ‘Build a Wall’ in their Neighborhood
Residents of a Casselberry neighborhood are so fed up, they’re ready to chant: “Build that wall!” And they’re even willing to pay for a new wall out of their own pockets.“It’s terrible,” resident Sue White said in describing a nearly half-mile long deteriorated wall that separates her Sausalito Shores neighborhood... (more)

Pros against the Amateurs: Clearwater Condo Case Illustrates why Residents Lose Construction Battles
Residents of the Edgewater neighborhood printed up hundreds of “No Tall Condos” T-shirts and wrote reams of letters to city planning officials. They wore campaign buttons declaring their opposition and held up signs at boisterous public rallies. When it came time to argue against a 100-foot-tall... (more)

Blog Bits

Plant Doppelgangers: Invasive Plants Often Mistaken for Other Species
Regions across the US are waging war on invasive aquatic plants, with a particular focus on preserving water access and usage. Unless designed for a specific safety purpose, waterbodies are supposed to support aquatic biota, including plants. However, many of these invading species are often mistaken... (more)

Owners Can Record Meetings; Free Speech Rights Unclear
Q: I recently agreed to serve on the board of my condominium association. There is one owner who comes to many of the board meetings and sits in the front row with his phone device pointed at the head table. I assume he is recording the meetings, which I understand he has the right to do. My question is whether there are any limits on what this person can do with his... (more)

Audit Requirements Depend On Revenue
Q: I recently asked to inspect the financial records of my homeowners’ association. As part of that inspection I discovered that the association has not had an audit for at least the last seven years. When questioned, the treasurer stated that the association does not have to perform audits. Doesn’t every association have to have an annual audit?... (more)

How Florida’s Adoption of the Daubert Standard Can Impact Construction Defect Lawsuits
“The Florida Supreme Court’s new evidence rule makes it harder to sue,” which is one of the many recent articles providing commentary on the Florida Supreme Court’s May 23, 2019 ruling, which changed the standard in Florida cases for evaluating and admitting expert testimony. This ruling replaced... (more)

FCAP Resources

Preparing for Hurricanes and Beyond
It is imperative that all properties have a comprehensive protocol for preparing the structure for a mandatory evacuation in case of a hurricane. Exact plans need to be put in place in regard to the mechanical systems and when they will be taken offline. After the storm, it is just as critical that all this equipment is checked and cleaned of debris before reactivation. ... (more)

“Excuses, Excuses”
An excuse has been defined as “the skin of a reason stuffed with a lie.” In the process of preparing more than 45,000 reserve studies for associations across the country since 1986, there are three board member sentiments we hear most frequently expressed: “We can’t afford the reserve funding plan,” “Our residents will never go for this,” and “We’ll worry about that next... (more)

How to Efficiently Settle an Insurance Claim after a Loss at Your Community Association
When it comes to property damage, community association managers are usually responsible for overseeing the process of assessing the overall loss. This includes documenting the damage, filing a claim through the insurance company, and ensuring the claim is settled efficiently and appropriately to cover... (more)

Water and Water’s Impact on Communities
Drip, Drip, Drip: Is Leaking Pipe Water Damage Covered by Insurance? When does disaster strike? Rarely when you are at home. Absence seems the norm in many South Florida communities where residents vacate their homes for long periods, either “going back up North” during the summer months, taking extended vacations, or just enjoying a long... (more)

Upcoming Events

Construction Contacts: Why You Should Never Accept the Contractors Form
Guiding you through construction contracts and the basics of Florida's construction lien law, this class is designed to educate board members and community association managers to be aware of pitfalls in construction contracts that are used for maintenance and renovation projects.... (more)

How to Properly Run an Election
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... (more)

Friday Funny

Man Celebrates Pothole's Third Birthday
A man in Kansas City decided to celebrate a pothole's third birthday after the city's public works department had yet to fill it since his original complaint. Frank Sereno posted photos on Facebook of a slice of birthday cake with a number 3 candle placed inside the pothole. "I thought what I can I do to have a little fun," Sereno said. "Everyone is always complaining... (more)

CondoJobs

Featured Job of the Week
Community Association Manager/Assistant Manager for a community in Hobe Sound. Will be responsible for the day to day management of the association, including oversight of the marina operation, security and club facilities maintenance department. Must possess leadership skills and provide a structured and positive working environment utilizing a team... (more)