Also: A rental operator lives in a a hundred twenty five-unit community, and was advised they want a site and need to article selected formal information. Ought to they? And: An unbiased contractor/handyman does not legally want workman’s comp coverage. Is it okay to use him?

NAPLES, Fla. – Problem: My homeowner’s affiliation is considering internet hosting a social function where there will be a 50/50 raffle. Essentially, all people who comes to the function will be questioned to donate a particular amount and a drawing is held for a winner. Half of the gathered funds go to the winner and the other fifty percent goes to the affiliation to fund foreseeable future social functions. Is this authorized? – S.R., Delray Seashore

Reply: Except your homeowner’s affiliation qualifies as an “organization” underneath the relevant Florida law, it is unlawful for your homeowner’s affiliation to perform a 50/50 raffle. The relevant Florida law can be uncovered in Part 849.0935, Florida Statutes.

This law will allow selected organizations to perform raffles these as 50/50 raffles. Even so, the term “organization” is exclusively described as an firm which is exempt from federal money taxation these as a 501(c)(three), (4), (seven), (eight), (ten), and (19) firm and which has a present willpower letter from the IRS.

For organizations that qualify, any brochures, commercials, notices, tickets or entry blanks applied in link with the raffle need to conspicuously disclose:

  1. The guidelines for the drawing
  2. The full title of the charitable firm and its principal area of organization
  3. The source of the funds applied to award the hard cash prize
  4. The date, hour, and area where the winner will be chosen, and the prize awarded
  5. That no obtain or contribution is essential

Product e. previously mentioned can be difficult. Whilst you cannot mandate that to enter the raffle you “must” spend an entry fee, you could “suggest” a bare minimum donation. Even so, legally, if an individual required to enter for free or for fewer than the proposed bare minimum donation you need to allow for it.

I do not believe that your homeowner’s affiliation would qualify underneath the definition of “organization” underneath Part 849.0935, Florida Statutes. Even so, in purchase to make positive, you should really talk to your authorized counsel or accounting experienced. If it does not qualify, your homeowner’s affiliation cannot legally perform a 50/50 raffle.

Problem: Our homeowner’s affiliation has an Architectural Assessment Board, ARB. The ARB’s obligations include examining and approving or disapproving proposed architectural adjustments within just our community. The ARB does not deliver discover to the community when they meet and they do not preserve any minutes of their assembly. Is this good? – J.K., Hollywood

Reply: Chapter 720 is the Florida law that governs homeowner’s associations. Part 720.303, Florida Statutes demands board of directors’ meetings to be noticed at minimum forty eight several hours prior to the assembly, open up to all customers, except for limited circumstances, and that minutes need to be retained of all the board steps at the assembly.

These similar necessities apply to any committee or other comparable entire body vested with the electricity to approve or disapprove architectural choices with regard to a particular whole lot in a community. This suggests that your community’s ARB is demanded to discover its meetings, preserve it open up to all customers of the community and to preserve minutes of its choices.

Problem: Our condominium has a hundred twenty five models. We are remaining advised that we need to have an affiliation site and are demanded to article selected formal information on it. Is this genuine? – S.S, Plantation

Reply: No that is not genuine. Florida Statute 718.111(twelve)(g) offers that an affiliation handling a condominium with a hundred and fifty or much more models need to have a site and article selected paperwork on it.

Considering that your condominium is fewer that a hundred and fifty models you are not demanded by law to sustain a site. Note that there is no site requirement for cooperatives of property owners associations.

Problem: Our affiliation has a handyman that we routinely use as an unbiased contractor. It is only him and often a helper. He does not have staff payment coverage as he is legally exempt from remaining demanded to have it.

Our management corporation is telling us we should really not use this particular person if he is not insured. Our affiliation has its have staff payment coverage and normal liability so I am not positive I fully grasp the dilemma. What is your opinion on this subject matter? – A.C., Fort Lauderdale

Reply: Workers’ payment is a form of coverage offering wage substitution and health care rewards to staff members wounded in the study course of employment in trade for obligatory relinquishment of the employee’s proper to sue his or her employer for the tort of negligence. So, staff compensations defend the employer not the affiliation straight.

If an accident takes place you have normal liability coverage to include the affiliation, and if the particular person someway could show he was an worker of the affiliation, that is what the association’s staff payment is for.

The draw back of the employer not getting worker’s payment is that if the worker will get damage and the employer is not well financed, the wounded particular person will only have 1 entity to sue, the affiliation.

If the employer has staff payment, then some of the liability can be laid off on the employer and presumably fewer on the affiliation. But a different true dilemma is that if the handyman results in problems to the affiliation property or injures an individual, he has no normal liability coverage to spend for it.

For all those factors, we do not endorse the affiliation retain the services of people without having worker’s comp., even if not legally demanded, and absolutely not without having normal liability coverage.

The facts provided herein is for informational reasons only and should really not be construed as authorized assistance. The publication of this article does not create an attorney-customer connection amongst the reader and Goede, Adamczyk, DeBoest & Cross, or any of our lawyers. Audience should really not act or chorus from performing centered on the facts contained in this article without having initially making contact with an attorney, if you have questions about any of the issues elevated herein. The using the services of of an attorney is a choice that should really not be centered exclusively on commercials or this column.

© 2021 Journal Media Team. John C. Goede, Esq., is companion of the law organization Goede, Adamczyk, DeBoest & Cross.