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  • Home Page for Business Attorney, Yoel Molina / Abogado Corporativo y de Negocios Yoel Molina
  • Online Legal Solution Home Page
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  • Corporate & Business
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  • Trusts & Estates
  • Credit Repair
  • Condo Law Blog
  • Blog de Ley de Condominios
  • Money Back Guarantee
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  • Nuestros Precios
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  • Business Landing Page
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  • Entrevista de multas de tráfico de Florida
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  • Are you doing this? If so you will get sued
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  • Litigation Risk Audit
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  • Employment Policy Audit
  • Business Purchase Audit
  • Contact Audit
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  • FLA PROMISSORY NOTE
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24/5/2019 0 Comments

Creating And Setting Up The Ground Rules For The Community Association Committee


​Unfortunately, too many community association boards do not make the effort to effectively make use of the association's committees.  Committees are actually quite valuable, they can provide recommendations to the board and assist the board by carrying out duties and responsibilities.  Many associations will not take the time to even establish a committee or set parameters for their work in order for the committee to help them out with various operations.
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​It is the responsibility of the association's board of directors to set up the committees.  They must appoint members for each committee during board meetings at which time the directors should offer instructions and set the guidelines for the overall responsibilities of the committees.
 
One of the best avenues for the board of directors should be taking advantage of their annual meetings to set up the committees, assign committee members, and set up what areas each one will be responsible for.  Each committee should have at least three members.
 
Board members can serve as a member on the different committees with the exception of the Rules Enforcement Committee.  Many associations will choose to have a board member on each committee along with two non-director volunteers.  This will give board members the ability to keep their fellow directors up-to-date on the committee's work and progression.
 
As just mentioned, the only committee that is required by law in a Florida community association is the Rules Enforcement Committee. This committee is often known as the fining, violation, or grievance committee.  This is because associations that want to levy fines and impose suspensions due to various violations must have this committee in place.  Under Florida law, this committee cannot have board members or their spouses or other relatives on this committee. This committee must have a level of independence from board members.
 
Various fines or suspensions can only be imposed after the association has given at least a 14-day written notice to the owner, occupant, licensee or invitee to be fined or suspended.  They must be given the opportunity for a hearing before the rules enforcement committee.  During this hearing, the committee should listen to and evaluate the alleged violator's side of the story that has led to a fine.
 
The hearing should be closed to all members except the alleged violator and the corresponding unit owner if the violator is a tenant.  At the end of the hearing, the committee members will vote on whether to confirm or reject the fine or suspension brought about by the board.  This outcome requires a majority vote in order to move ahead.
 
In regards to the other committees, the most common are the budget committee which helps the board by creating the annual budget, the architectural review committee that is in charge of reviewing any requests for construction, improvements, or alterations taking place on the association's property or in a particular unit or the exteriors.
 
Taking advantage of committees and making sure they are staffed with dedicated volunteers, the association can assist the progress of their operations while not putting too much on the board members with too many issues and responsibilities.
 
When setting up and establishing committees, the board of directors should be advised to consult with a qualified association legal counsel regarding the creation and setting forth the range of their responsibilities.
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17/5/2019 0 Comments

Particular Standards on Drones All Community Associations Must Think About!

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​Drones have turned out to be incredibly mainstream for the individuals who long for the most recent devices and thingamabobs. Numerous associations have officially received standards to address the utilization of drones in their networks, and those that have not done as such should give it genuine idea and a thought.
Negative Aspects of Drones:
At the point when outfitted with cameras, drones can be utilized to abuse the security of affiliation inhabitants, also their capacity to cause real property harm, so associations should adopt a proactive strategy toward creating and executing standards and limitations to ensure the interests of those dwelling inside their locale. In particular, a few instances of the standards and arrangements that associations are executing include:

Drone Area must be Limited:
Limiting the space inside which drones might be flown, for example, over their administrator's close to the home part, or those bunches of bordering neighbours (with their earlier consent).

Limiting Drone to Association Common Area:
Restricting drone use to affiliation normal territories that are far from streets, structures, play areas and different courtesies.

Responsibility of Drones:
Doling out all dangers and liabilities including the utilization of drones to their administrators, and requiring such administrators to likewise reimburse the relationship, just as its chiefs and agents, against all cases including drones.

Determining Guidelines:
Determining that drones must be worked as per all relevant government, state and neighbourhood guidelines. (Adding this to an affiliation's automaton guidelines furnish it with the capacity to execute cures, for example, fines for violators).
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Consent is Compulsory:
Prohibiting video and photography of others in the network taken from drones without such people's earlier composed assent.
 
No Harmful Intention behind flying a drone:
Forbidding the utilization of drones in such a way as to make an annoyance or aggravation others in the network.
These and different principles and arrangements empower associations to keep up control and execute presence of mind limitations over the utilization of drones in their networks. Affiliation sheets of executives should work with their property the board and exceptionally experienced lawful advice to create and actualize the automaton guidelines and strategies that are the best fit for their locale.
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10/5/2019 0 Comments

Certain Subrogation Situations

​With expanding recurrence, insurance agencies that give unit proprietor protection are suing network associations to recoup installments made to the unit proprietor that is identified with water spills in the unit. The issue with these claims is two-crease. In the first place, the insurance agencies are holding up a long time to bring them, albeit still inside the legal time limit for the claim, yet in any case to the disservice of the network affiliation's barrier of the case as records and recollections blur extra time. Also, the cases are commonly gotten little cases court because of the insurance agency looking for at most $5,000.00 in "repayment" from the network affiliation. The issue with shielding a little cases court case is that the expense of protecting the claim can be more than the sum the insurance agency is looking for which puts weight on the network relationship to just settle. The premise of the insurance agency's claim against the network affiliation is carelessness; the insurance agency asserts that the affiliation had an obligation to make some move, neglected to make the move and such a disappointment prompted misfortune that brought about the protection installment to the unit proprietor. 
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What should be possible to restrain a network affiliation's presentation to such claims?
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In the first place, the network affiliation ought to counsel with its lawyer to decide whether an alteration to the revelation for the affiliation ought to be embraced identified with subrogation. Next, people group associations need to expeditiously react to grievances identified with breaks and appropriately record fix work in a point by point way to the area and degree of work are effectively comprehended. The documentation identified with fix work ought to be kept for a long time and be promptly available. Network associations ought to perform routine upkeep and assessments of property that the affiliation is required to keep up so as to distinguish ahead of time of a water spill regions of required support. In conclusion, whenever there is a water spill or other loss to unit, the affiliation should altogether archive, recorded as a hard copy, the end result for cause the hole, what was done in light of the hole and all interchanges between the affiliation, the unit proprietor and the unit proprietor's insurance agency and agent. Such documentation ought to be imparted to the network affiliation's lawyer and kept in the affiliation's authentic records.
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"Mr. Molina has always been there for us with timely, reliable and competent advice. He is an important and valuable part of our team."  Corporate Client Eric Delgado, President of American International Export, Inc., a worldwide importer and exporter of brand name appliance parts.
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"My name is Anastasia Yecke Gude and I am the owner of Healing Hands Therapeutic Massage LLC.  In the process of my company’s growth and expansion, I suddenly found myself a few weeks ago in need of a 1099 contractor agreement, and I needed it ASAP.  As in, the very next day!  I contacted the Law Office of Yoel Molina and his assistant put me in touch with Mo.  I sent him what I had drafted up and he replied within a few hours with suggested revisions and clarifications, as well as a few insights I had not even considered.  I was thoroughly impressed by the quality of work he provided, especially considering the time crunch I put him in (sorry, Mo!).  I definitely recommend his services to anyone in need of a good contract attorney, and I will be calling him again for future work…hopefully in less of a rush next time!"