Journal Notes—December 2019

by Michael Hamline, Editor / Published December 2019

In June 1975 under the label of United Artists Records, the American funk band War released their seventh studio album “Why Can’t We Be Friends”? That album title is a good question to ask as the December issue of FLCAJ focuses on multiple legal issues that arise within community association living.      

Start on page 8 by selecting a Florida Bar Board Certified attorney in Condominium and Planned Development Law. Of the 190 attorneys who obtained this profession certification we recognize more than 50.

Daniel F. Lopez with The Morgan Law Group writes about the importance of being truthful on the application for a homeowner’s insurance policy. The article “Read Your Application” starts on page 20.

In the “Condominium and HOA Q & A” column on page 24, Ryan Poliakoff with Backer, Aboud, Poliakoff & Foelster answers a unit owner’s question of whether the board and management company have been negligent in handling an ongoing rodent problem.

Barry Ansbacher of Ansbacher Law writes about the importance of a community association acting to address construction defect issues within the time limits set by the state. The article “Don’t Let Time Run Out” can be read on page 28.

In the article “You Have Questions; We Have Answers!” on page 32 Donna DiMaggio Berger with Becker answers a variety of questions.

Laura Manning-Hudson with Siegfried Rivera writes on the topic of board of director transitions. Her article, “Community Association Board Transitions Can Present Added Challenges During Difficult Times,” can be read on page 38.

“Did You Get It in Writing?” by Eric Glazer with Glazer & Sachs is on page 50. Make sure all promises are captured in writing.

“Association v. Unit Owner Property in an Insured Loss: Blurred Lines” on page 54 is written by Amy D. Boggs with Boggs Law. She deals with the complications that arise for the various parties and their responsibilities with an insured loss.

David Podein with Haber Law writes on page 58. His article titled “Dust, Debris, and Dollars—Tips for Associations Planning Large Repair and Construction Projects” is self-explanatory.

Likewise, the issue at stake in Association Law Group’s article on page 64, “Enforcing a Previously Unenforced Covenant, Restriction, or Rule and Regulation,” written by Ramon C. Palacio, is clear.

Michael J. Gelfand with Gelfand & Arpe writes about the business judgment rule in his “Florida Law” column on page 68.

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

Editor