The Business Judgement Rule

Association board members have the challenging task of governing and managing the matters of their communities. They are responsible for making necessary decisions that impact the lives of the association members. In carrying out these responsibilities, board members must exercise their business judgment.

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Can a Florida HOA Evict a Tenant?

When new owners purchase condominiums and other residences governed by homeowners' associations (HOAs), they agree to the terms of your HOA's bylaws. However, a tenant who rents a home in these communities—with the owner acting as the landlord—may not be subject to HOA rules.

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An Association's Response to Those Who Need Additional Living Care

Some older individuals choose to live out their final years in their residences alone rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience specific mental health issues that make them unable to care for themselves adequately. Associations are often at a loss with how to assist these individuals. Plus, associations are not professional healthcare or mental health providers, so they can't address such matters. Instead, associations will need to request help from family, friends, or governmental entities.

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Short Term Rental Restrictions Continued

As we have seen, an HOA cannot just decide that it wants to prohibit short-term rentals one day. The prohibition must be grounded in some authority derived from the community declaration. For the most part, a community with an existing rental restriction in its mandate will have the right to enforce the regulation.

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HOAs and Assistance Animals: What You Need to Know

Pets come in all shapes and sizes. They also provide companionship to their respective families. Still, animals play an essential role in the lives of people with disabilities and mental health issues by assisting with day-to-day activities or giving emotional support.

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Electric Vehicle Charging Stations in Your HOA

Some condominium or townhome documents contain specific requirements for charging stations, but most don't specifically address the subject. When the documents are silent on the matter, installing a charging station is typically handled as a request to modify the general or limited common elements.

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ALPRs: are they Right for your HOA?

Some homeowner's associations are installing license plate readers, a new method to provide private surveillance. However, it raises questions about privacy, data, and liability. Therefore, Condominium Associates goes into some detail about automated license plate readers and whether they are right for your HOA.

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