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Covid-19, Force Majeure, and Cash

Are you in a contract that requires a large cash outlay for something no longer needed, required, or going to happen because of Covid-19? Could you invoke the Force Majeure clause of the contract and keep your cash?    If you are thinking about these issues, then think...

House Bill 623

Florida law currently prohibits associations from entering into contracts with service providers owned by board members or their family members.  House Bill 623 proposes striking some provisions protecting association members from board members self-dealing. All legislative proposals originate from someone with the money to donate to...

Does Your Association Have a Collection Policy?

LM Funding recommends that every board adopt a collection policy.  A collection policy creates a road map for how delinquencies are handled. It takes the emotional aspects out of collections and ensures the board is not accused of selective enforcement.  Whether it be 30, 60 or 90...

Avoid Discrimination & Lawsuits

DISCRIMINATION AND THE FAIR HOUSING ACT There have been many occasions when discrimination charges are filed or are threatened to be filed, by property owners against COAs (Condominium Owners Associations) or HOAs (Home Owners Associations). The Fair Housing Act prohibits several forms of discrimination in housing....

Can You and Should You Regulate Guns?

Does Your Community Have the Right to Ban Guns? Given the ongoing and tragic events surrounding gun violence, the question of whether Condominium Owner Associations (COAs) or Homeowners Associations (HOAs) have the right to adjust their bylaws to restrict guns for property owners as well as...

Are Collection Costs Recoverable?

Can You Recover Your Costs from Collection as an HOA or COA? If an Association pursues delinquent assessments, can collection costs be recovered from delinquent owners? The answer is: Yes, they can. Community Associations should not have to incur unnecessary write-offs, fees or costs when pursuing...

Managing Your Law Firm, Bad Debt & Legal Fees

The Board of Directors of a Condominium, Homeowner, or Cooperative Association manages the affairs of the community, and as part of that responsibility retains vendors and professionals to assist them. Most communities retain at least one law firm. Your Board of Directors may manage legal...

Do I Have to be Certified to Serve on the Board?

In Florida, Board members of community associations must be certified within 90 days of election. Newly elected board members must take a Florida Department of Business & Professional Regulation approved educational course to qualify for board service. If a Board member fails to file the...