Becker & Poliakoff

Community Association

Community Update – February 2024

This issue of CUP features a helpful guide for board members, information on new term limits, and tips to save money on your property taxes. Don’t miss our featured podcast episode, “Navigating Defamation Lawsuits and Non-Compete Clauses!”

Employers are relying more and more on independent contractors instead of employees. While using independent contractors can have certain benefits, there can also be certain risks. Jamie B. Dokovna and Kaitlyn Silverberg emphasize the importance of classification in, “The Impact of the New Department of Labor Rule on Worker Classification and Ensuring Proper Classification of Workers.

Records requests can become quite daunting when a board of directors is faced with a high volume of demands from unit owners asserting their right of inspection of the association’s official records. Casey Amaya discusses how reasonable rules can avoid a potential conflict in this helpful article, “Addressing Burdensome Records Requests via the Rule-Making Power of Condominium Associations.”

Your community association has just received, by certified mail, a letter from a unit owner with several questions about the operation of the Association. What do you do next? Nicolas M. Jimenez highlights why your community association’s legal counsel should be promptly notified in, “So, You Received a Written Inquiry.”

Failing to garner proper approval for material alterations or substantial additions to the condominium property could result in substantial legal liability. Jay Roberts explains the importance of ensuring proper approval in, “THIS CASE: Bailey v. Shelborne Ocean Beach Hotel Condominium Association, Inc.

Click here to view the full Community Update!

Community Update – January 2024

The 2024 Legislative Session promises to bring sweeping changes to community association operations throughout Florida. In this issue of CUP, we highlight which bills we are watching, the Corporate Transparency Act, and the possibility of self-insurance. Don’t miss our weekly online legislative briefing with Bryony Swift. Also featured this month is our popular podcast, Take It To The Board. In this week’s episode, host Donna DiMaggio Berger emphasizes the practical policies and protocols your board needs to adopt.

Every so often associations will unexpectedly receive notice that a tax deed has been applied for in connection with a parcel or condominium unit in the community. How should your board handle these matters? Joseph Arena has all the answers in, “Things Associations Should Know About Tax Deed Sales.

In today’s world, almost anything you can fathom can be conveniently delivered to your door. Has this convenience transmuted into a right? “Condominium Rule Restrictions of Door-to-Deliveries: A Right or a Convenience?” Attorney Casey Amaya discusses the issues involved with delivery-to-the-door services.

We live in a world so dependent on autonomy and artificial intelligence. Phones have become a portal of vast information and people regularly rely on search engines for answers. Florence King emphasizes the potential risks of AI in, “The Danger of Substituting Artificial Intelligence for Your Attorney.”

The ability (and limitations) on transferring limited common elements is at the heart of THIS CASE. Jay Roberts explains the importance of limited common element use rights in, “THIS CASE: Brown v. Rice.”

Click here to view the full Community Update!

Community Update – December 2023

A new year means new goals! As we turn the corner into 2024, this issue of CUP spotlights helpful tips so your community association can start the year off right. This includes adoption of the annual budget, a review of new legislation, and the responsibilities of residents in communal situations. Don’t miss our featured podcast episode that explores the benefits and challenges of bankruptcy for community associations.

Also featured this month is a collection of our most popular Community Update articles. From new laws regarding emotional support animals to reviving unenforced restrictions, here are the top five most read articles from 2023.

Click here to view the full Community Update!

Community Update – November 2023

As 2023 comes to an end, community associations are beginning to plan for the coming year. This issue of CUP provides helpful insight so your community can put its best foot forward. Whether you’re looking to combine operating funds with reserve money, struggling with the property insurance crisis, or need a new online voting platform, we have something for you! Don’t miss our featured podcast episode where Dr. Jason Mansour sits down with host Donna DiMaggio Berger to discuss Defibrillators (AEDs), Bleeding Control Kits (BCKs), and CERTs.

The holiday season is approaching which means it’s a good time for associations to consider its authority regarding outdoor holiday decorations. Yeline Goin discusses the benefits of having set guidelines in, “Holiday Decorations – Ho, Ho, Ho or Bah Humbug?”

When faced with a reoccurring issue in a condominium, the Board of the Directors may want to consider implementing a restriction as a long-term solution to the problem. How are such restrictions implemented? Nicolas M. Jimenez has all the answers in, “Implementing Condominium Restrictions.”

Section 720.3045, Florida Statutes was created during the recent legislative session as part of House Bill 437. What does this mean for your association? Florence King explains this new statutory provision in, “The Effect of Section 720.3045, Florida Statute on Homeowner Association.”

If your association desires to use fines as a covenant enforcement tool, it is vital that all due process procedures contained in your association’s governing documents, as well as contained in the applicable community association act, are strictly followed. Jay Roberts provides helpful guidance in, “THIS CASE: Gillis v. Jackson Shores Townhomes Association, Inc.

Click here to view the full Community Update!

Community Update – October 2023

Special Notice

TEN-HUT BOARD MEMBERS AND MANAGERS! The Buzz is in the air… Becker’s Board Member Boot Camp is RIGHT AROUND THE CORNER! Join us on Tuesday, November 14, from 9:30AM – 3PM EST, at the Signature Grand, in Davie, Florida. Come prepared to be put through your paces by veteran community association attorneys, Donna DiMaggio Berger, Howard Perl, and Kenneth Direktor, who will cover a variety of topics directors need to know to fulfill their duties as members of a community association board. Registration, lunch, and parking are complimentary, but we are almost sold out, so register today!

In This Issue

This issue of CUP brings a range of topics for board members and managers. Whether you’re wondering how to handle fines, need practical tips to initiate the safeguarding of your investments, or struggling with a construction defect, we’ve got something for you. Don’t miss our featured podcast episode where Howard Perl sits down with host Donna DiMaggio Berger to discuss the benefits of rigorous board member education.

What if there is a leak in the unit; whose insurance covers the damage? Mark Friedman discusses the three parties involved in this helpful article, “Damage to Units.”

Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Joseph Arena helps navigate this complicated and misunderstood relationship in, “Fiduciary Relationship and the Business Judgment Rule.”

Can a non-owner be a Board member in a condominium? The answer: it depends. Mark Friedman explains the Florida statute in the article, “Who May Run for the Board?

Community associations are generally governed by four governing documents and there is hierarchy amongst the documents. Jay Roberts emphasizes the importance of amending the correct governing document in, “THIS CASE: Joy v. Oaks Club Corp.

Click here to view the full Community Update!

Community Update – September 2023

Fall is officially here which means busy season is upon us. This month, we spotlight timely articles to help your board succeed in the coming months. Our featured articles explore various topics from board term limits and upgrading your documents to reserves and special assessments. Don’t miss our newest episode of Take It To The Board! This insightful exchange between Donna DiMaggio Berger and Managing Partner, Gary Rosen, dives into the world of effective leadership.

What does a Homeowners Association need to bear in mind when evaluating architectural modification requests from its members? Joseph Arena explains how these matters can be a minefield in this timely article, “Navigating the Complex World of HOA Architectural Control.

In 1988, Congress added “familial status” to the list of protected groups under the Fair Housing Act. What does this mean for your association? Michael O. Dermody addresses how your community can accommodate FHA guidelines in, “Are Those Under Age 18 a Protected Class?

If your association is in search of a loan, contact your community association attorney before approaching the bank. “Borrowing Money” by Mark D. Friedman highlights common pitfalls to avoid, so you can save time and money.

Interpreting an association’s governing documents in light of statutory changes is not a simple or straightforward endeavor. Jay Roberts provides helpful guidance in, “THIS CASE: Tahiti Beach Homeowners Association, Inc. v. Pfeffer.”

Click here to view the full Community Update!

Community Update – August 2023

Hurricane Idalia is reported to be the worst hurricane to make landfall in Florida’s Big Bend in 100 years. Our hearts are with everyone affected and we are always here to help. Our website contains a significant amount of educational information for your community. Should your property incur damage, the firm’s affiliated public adjusting company, Association Adjusting, can provide an assessment of any property damage quickly and free of charge. Don’t miss the Take It To The Board podcast episode, Surviving the Storm, where Joseph Adams sits down with host Donna DiMaggio Berger to discuss his terrifying first-hand experience riding out Hurricane Ian. Joe shares valuable insights about the challenges that may lie ahead for community associations post storm.

If you are living in a homeowners association, you probably know that the Association cannot prohibit the installation of solar panels (or “solar collectors”). But what about a request to install such devices on the roof of a condominium? Michael O. Dermody has the answers in, “Can Anything Be Done About Solar Panels?

Failing to preserve your homeowners’ association covenants may have severe consequences. “Keeping Your HOA’s Covenants Alive,” by Joseph Arena, discusses how the Marketable Record Title Act (“MRTA”) can adversely impact your community.

The Housing for Older Persons Act (“HOPA”) was created in 1995, exempting senior housing from familial status discrimination. Community associations must comply with certain requirements to avail themselves of this exception. Marty Platts explains these requirements in “Housing For Older Persons.”

All too often, community association leaders do not consult with counsel when adopting and amending rules and regulations. Jay Roberts emphasizes this expensive lesson in, “THIS CASE:Lexington Place Condominium Association, Inc. v. Flint.”

Click here to view the full Community Update!

Community Update – July 2023

The 2023 Legislative Session brought significant changes for community associations in Florida. In this issue, we aim to provide you with a thorough review and understanding of these new laws. From multifamily property safety to the preparation and response of natural disasters, we provide practical tips to help you understand these new changes. Don’t miss our featured podcast episode, “Keeping Cool with Jane Gilbert, Miami-Dade’s Chief Heat Officer.”

This summer, we have experienced the hottest days in modern history. Looking for ways to cope? Donna DiMaggio Berger offers some helpful insight to protect yourself and your association in, “Preparing for Extreme Heat: The New Natural Disaster.”

In 1989, Miami-Dade County adopted an ordinance making it illegal for residents to own or keep any dog whose characteristics closely resemble those of the pit bull breed. Lilliana M. Farinas-Sabogal addresses the movement against breed specific regulations in, “Breed-Specific Dog Bans.”

Some judges and arbitrators have found that second-hand smoke can be a nuisance. Elizabeth A. Lanham-Patrie discusses some options for your association in, “Part 2: Can an Association Prohibit Smoking in Its Condominium?

Many people often think that the respective community association statute is the only law that applies to the association. This is incorrect. Jay Roberts emphasizes this important lesson in, “THIS CASE: Iezzi Family Limited Partnership v. Edgewater Beach Owners Association, Inc.

Click here to view the full Community Update!

Townhome, Condominium, and New Construction Home Issues in Central Florida: Helping Homeowners Navigate the Legal Process

Purchasing a new townhome, condominium, or single-family home in Central Florida is an exciting milestone, but construction defects can quickly turn that dream into a nightmare. At Becker, our construction attorneys specialize in representing homeowners and homeowners’ associations facing construction defects, offering expert legal guidance and advocacy.

In this article, we will discuss residential construction defects and provide an overview of the steps necessary for seeking remedies or compensation. We will also highlight how our firm can help navigate the legal process, ensuring homeowners’ rights are protected and their investments are secure.

Unraveling Construction Defects
Construction defects can undermine the quality, safety, and value of your new townhome, condo, or single-family home community. These flaws may include structural issues, stucco issues, water intrusion, roof leaks, electrical and HVAC malfunctions, plumbing leaks, irrigation issues, community pool and amenity defects, and more. With our extensive experience in handling construction defect cases, we understand the complexities of these matters and are well-equipped to identify and address the specific defects affecting your community.

Your Trusted Construction Attorneys
When facing construction defects, it is crucial to have a knowledgeable legal team in your corner. At Becker, our dedicated attorneys specialize in construction defect litigation and are equipped with the skills and expertise needed to navigate the intricate legal landscape. We are committed to providing personalized attention, ensuring that your community’s unique circumstances are thoroughly assessed and addressed.

Building a Strong Case
Building a strong case requires comprehensive documentation and a thorough understanding of the legal framework at play. Our attorneys will guide you through the process, meticulously gathering evidence, such as photographs, videos, communication records, contracts, warranties, and inspection reports. By establishing a solid foundation for your claims, we bolster homeowners’ chances of obtaining the compensation they deserve. Always consult with your attorney prior to initiating any repairs, even if temporary, because of the legal implications that can arise.

Navigating Warranty Coverage and Claim Limitations
In Florida, most homeowners benefit from limited warranties provided by builders. Our legal team has an in-depth understanding of these warranties and the applicable statute of limitations and statute of repose. In 2023, the Florida Legislature passed, and Governor DeSantis signed into law SB 360, which reduces the statute of repose from 10 years to 7 years for latent defects and alters which events cause the repose period to begin to run. We will analyze the terms of your warranty, diligently identify any potential breaches, and ensure your claims are filed within the proper timeframe.

Our Streamlined Construction Defect Claims Process Includes:

  1. Comprehensive Consultation
    At Becker, we offer a complimentary initial consultation to assess the viability of your case. Our attorneys will listen to your concerns, review relevant documentation, and provide a clear explanation of your legal options. We strive to establish a trusting and candid attorney-client relationship from first contact.
  2. Fee Structures Tailored for Your Needs
    Becker offers both hourly and contingency fee arrangements depending on our client’s preference. With a contingency fee arrangement, the client pays nothing up-front, and we simply take a percentage of the final recovery. This means that with a contingency fee arrangement, you only pay if we win a recovery in your favor.
  3. Thorough Notice Preparation
    Our skilled attorneys will prepare a detailed and legally sound notice to the builder or developer, highlighting the specific defects and demanding appropriate remedies or compensation. We ensure compliance with contractual and Florida statutory requirements, guaranteeing your rights are protected throughout the process.
  4. Effective Dispute Resolution
    We recognize that lengthy litigation is not always the ideal solution. Our attorneys will explore alternative dispute resolution methods, such as mediation or arbitration, to facilitate a swift and cost-effective resolution. Through strategic negotiation, we aim to reach a favorable outcome that aligns with homeowners’ best interests.
  5. Aggressive Litigation
    If alternative dispute resolution proves unsuccessful, our firm is prepared to vigorously litigate your case. We will meticulously prepare all necessary legal filings, including a compelling Complaint outlining the defects and the damages sought. Our attorneys will navigate the litigation process with precision, ensuring your rights are vigorously defended and your townhome, condo or new construction home defect issues are presented clearly and convincingly to the Court.
  6. Expert Witness Support
    Our network of expert witnesses, including architects, engineers, contractors, and other professionals, is invaluable in strengthening your case. We collaborate with these experts to provide objective evaluations, present professional opinions, and bolster the strength of your construction defect claims.

When construction defects threaten the value and livability of your new townhome, condo or single-family home in Central Florida, you need a trusted legal partner by your side. At Becker, our skilled attorneys specialize in construction defect litigation, offering personalized attention, expert guidance, and aggressive advocacy to protect your rights and secure the compensation you deserve to make your home feel like home.

 

Community Update – June 2023

June’s edition of CUP brings a range of topics for managers and board members. Whether you’re wondering how SB 154 will impact your association, struggling with a unit owner who has not paid dues, or submitting an SBA loan application, we’ve got something for you. Discover an incredible journey through the eye of a storm as Joseph E. Adams sits down with Donna DiMaggio Berger on her popular podcast Take It To The Board and shares his harrowing experience riding out Hurricane Ian from his home on Fort Myers Beach.

 

As the days get longer and the weather gets hotter, we know that hurricane season is fast approaching. Therefore, this is a good time to prepare and review the timely article,  “Best Practices for Hurricane Preparedness” by Kevin L. Edwards.

 

Is your association in strict compliance with the statutory timeframes required for notices? K. Joy Mattingly discusses the Florida statues governing community associations in, “Strict Compliance vs. Substantial Compliance – Not Knowing the Difference Can Cost You!

 

Secondhand smoke contains over 7,000 chemicals, hundreds of which are toxic and nearly 70 can cause cancer. Many people do not want to be subjected to secondhand smoke, so what can an association do? Elizabeth A. Lanham-Patrie discusses this and more in, “Part 1: Can an Association Prohibit Smoking in Its Condominium?

 

If you do not follow proper protocols in taking enforcement action, you will lose the legal battle. Jay Roberts emphasizes this important lesson in, “THIS CASE: Dwork v. Executive Estates of Boynton Beach Homeowners Association, Inc.

Click here to view the full Community Update!

Community Update – May 2023

This edition of Becker’s Community Update highlights remote voting, managing your personnel, and constitutional rights. Don’t miss the 50th anniversary video that showcases Becker’s rich history and culture.

Also featured this month is our Hurricane Preparedness and Recovery Guide. While we hope to be spared from the worst, it’s crucial that your community association is prepared this hurricane season. If you have any questions or are in need of guidance, please reach out to your Becker attorney.

The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation recently issued new temporary requirements as an attempt to mitigate risk in community association loan underwriting. Learn about these new requirements in, “The New Fannie Mae and Freddie Mac Lender Questionnaire: To Answer, or Not to Answer, That Is the Question” by David Dockery.

Flags serve as a powerful symbol of a nation, its ideals, and its people, and their display in community associations is addressed under State law. Kathleen “Katie” Berkey discusses permitted flags in, “Getting “Flag Ready” for the Fourth of July.”

What Are Limited Common Elements and Who’s Responsible?” Karyan San Martano explains how The Florida Condominium Act defines limited common elements and the importance of declaration language in determining responsibility allocation.

Uniform enforcement is at the heart of, “THIS CASE: Chattel Shipping and Investment, Inc. v. Brickell Place Condominium Association, Inc.” by Jay Roberts. Find out why this case is important.

Click here to view the full Community Update!

Community Update – April 2023

The 2023 Legislative Session has brought significant changes to Community Associations. In this Community Update, we address new restrictions on design and construction defect claims as well as recent amendments to the Florida Fire Prevention Code. Don’t miss the latest podcast featuring Dr. Esber Andiroglu, Professor Harold R. Wanless, and Donna DiMaggio Berger on the devastating impacts of sea-level rise.

Associations frequently ask the question: “When should a delinquent owner be turned over for collections?” Joy Mattingly discusses recent statutory requirements in the article, “Understanding the New Timeframes for Collections.”

Florida laws governing community associations require notice of meetings to encourage owner participation. Kathleen Berkey provides a helpful guide summarizing the “Condo/Co-Op/HOA Meeting Agendas & Notice Requirements.”

With hurricane season quickly approaching, it is important that you prepare for the worst (and hope for the best)! “The Worst Storm Is the Storm You Didn’t Prepare For” by Jennifer Biletnikoff shares important tips for the 2023 hurricane season.

Can a non-owner be a Board member in a condominium? The answer: it depends. Mark Friedman explains the Florida statute in the article, “Who Can Be A Condominium Board Member?

Association approval rights for unit purchases is at the heart of, “THIS CASE: Coquina Club, Inc. v. Mantz” by Jay Roberts. Find out why this case is important

Click here to view the full Community Update!

Florida Further Restricts Community Association’s Ability to Bring Design and Construction Defect Lawsuits

Several laws have been passed during Florida’s recent legislative session, and one in particular will have a significant impact for community associations. On April 13, 2023, Florida Governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law. This new law shortens the time period for bringing lawsuits based on design and construction defect claims and creates new legal hurdles for multi-building communities.

Shortened Time Periods for Bringing Construction Defect Claims

The time periods for initiating lawsuits based on design and construction defect claims are established by §95.11(3)(c), Florida Statutes. Prior to the passage of SB 360, the time periods laid out in §95.11(3)(c) began to run upon the later of various triggering events. SB 360 has modified those time periods by changing the applicable triggering events and by requiring that the time periods begin running upon the earliest occurrence of any of the new triggering events.

As amended by SB 360, §95.11(3)(c)’s repose and limitation periods are triggered by the earliest of the following events: 1) issuance of a temporary certificate of occupancy, 2) issuance of a certificate of occupancy, 3) issuance of a certificate of completion, or 4) the date of abandonment of construction if not completed. SB 360 does not alter §95.11(3)(c)’s four-year statute of limitations for design and construction defect claims but it does shorten the statute of repose for latent (hidden) construction defects from ten years to seven years.

Unique Issues for Multi-Building Communities

Before the enactment of SB 360, Florida courts tended to apply §95.11(3)(c)’s repose and limitation periods to each community or project as a whole. In other words, the same repose and limitation periods would be applied to every building within a community. Under SB 360, repose and limitation periods must be applied in multi-building communities on a building-by-building basis. This means that the repose and limitation periods for one building in a community can be triggered years prior to those applied to other buildings in the same community.

What SB 360 Means for Community Associations

SB 360 has significantly shortened the time when an owner, including a community association, must take legal action against contractors for latent construction defects. These changes compromise the protections afforded to homeowners, because typically, latent defects, including foundation issues or leaks behind siding and under roofs, are ones that cannot be seen. SB 360 has created challenging obstacles for community association claimants that will, in some cases, eliminate the opportunity to address legitimate defect issues. This is why, more so now than ever, it is important to explore your legal options and consult an attorney as soon as you begin to suspect your community may have construction defect issues.

Community Update – March 2023

This month, we shine a spotlight on potential issues for community associations. From developer turnover to litigation to new laws regarding emotional support animals, we provide practical guidance to help steer you and your community in the right direction.

Holding political events are afforded a limited degree of protection under the Florida Condominium Act. Marty Platts discusses what the statute says in, “Does Your Association Allow You to Use the Clubhouse for Political Events?

If your association is looking to obtain a loan, do not start the borrowing process without a discussion with your attorney. Mark Friedman addresses reoccurring issues with obtaining a loan in, “Borrowing Money.”

Other than political debate, perhaps nothing else evokes more of an “emotional” response than the issue of emotional support animals in a no pet community. Howard Perl explains the “New Laws Regarding Emotional Support Animals” and how your community may be affected.

Since the earliest days of condominium associations, questions have arisen over the extent of the condominium association’s authority to impose restrictions on the use of the condominium property. “Beachwood Villas Condominium v. Poor” by Jay Roberts considers the validity and enforceability of board-adopted rules.

Click here to view the full Community Update!

Community Update – February 2023

Spring is the season of new beginnings and a reminder of how nice change can be. This month, we spotlight timely issues and provide guidance for you and your community to move forward. Our featured articles explore various topics from condo safety regulations and hurricane repairs to combatting growing hate crimes inside community associations.

Also featured this month is the board certification advantage. Did you know Becker has more board certified attorneys in Business Litigation, Construction, Real Estate, and Condominium & Planned Development Law combined than any other law firm in the state? Learn more about why this matters.

Associations and association managers routinely receive what are referred to as lender questionnaires. Are associations required by law to provide a prospective purchaser or lienholder with information about the association? Learn more in, “Lender Questionnaires” by Howard J. Perl.

Can homeowners’ associations continue with their “practice” of employing a two-notice, condominium-esque election, despite any lack of language in their governing documents permitting the same? Jennifer L. Biletnikoff discusses this and more in, “Director Elections in HOAs (i.e. Welcome to the Wild, Wild West).

How do you prepare for an Annual/Election Meeting? Howard J. Perl offers some helpful tips and tricks in, “Timesavers at Annual/Election Meetings.

How to allocate the limited resource of parking spaces is at the heart of “THIS CASE: Juno By The Sea North Condominium Association (The Towers), Inc. v. Manfredonia” by Jay Roberts.

Click here to view the full Community Update!

Community Update – January 2023

We hope that 2023 is off to a wonderful start! This month, we work through a wide array of issues so that you can rest assured your association is beginning the new year on a high note.

There are very specific statutory requirements for levying a special assessment in a condominium. Mark Friedman provides helpful guidance in, “Special Assessments.”

Is your association facing an enforcement problem? “Reviving Unenforced Restrictions” by Karyan San Martano explains all is not lost.

What is an impartial committee and what role do they play in the annual election? Joseph Arena discusses this and more in, “The Role of Impartial Committees in Condominium Elections.”

Ambiguity in covenants underlies the importance of, “THIS CASE: James v. Smith” by Jay Roberts. Find out why this case matters.

Tune into our Hurricane Ian recovery webinar series where Becker Shareholder Joseph Adams and other industry experts discuss what to expect when rebuilding and navigating forward.

Becker is thrilled to welcome seasoned attorney Jose Luis Baloyra as a shareholder in the firm’s community association and real estate practices.

Click here to view the full Community Update!

Community Update – December 2022

As 2022 comes to an end, we look back at our most popular articles this year. Read on for helpful information on statutory and non-statutory reserves, estoppel fees, and so much more.

We look forward to another productive year together and wish you continued success in 2023!

TOP 5 COMMUNITY UPDATE ARTICLES OF 2022

  1. Given the fiduciary responsibilities of directors and officers to the members of their homeowners’ association, it is important to understand when reserve funding is mandatory under the Florida Homeowners’ Association Act. Karyan San Martano discusses more in, “Statutory and Non-Statutory Reserves in Homeowners’ Associations.”
  2. The new law passed by the Legislature, known as “SB 4-D”, became effective May 26, 2022, and contains various important deadlines for compliance. Rosa de la Camara provides a crib sheet to help Associations in, “Do Not Miss These Deadlines.”
  3. Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency. Learn more about transparency through statutory provisions in, “Statutory Meeting Requirements,” by Joseph Arena.
  4. Electric vehicles are commonplace in our society and with the price of gas skyrocketing, more people will consider purchasing them. Kevin Edwards breaks down charging stations installation in, “Electric Vehicle Charging Stations on the Common Elements.”
  5. Every five years the Department of Business and Professional Regulation updates the permitted estoppel fees. Learn about these changes in, “Estoppel Fees Have Increased” by Robert Caves.

Episode 30: Can an Owner Sue the Board if They Disagree With a Capital Improvement?

I am on the Board of my association, and we have just decided to build a new fitness center that will require a five million dollar loan for the capital improvement. The only thing is now an owner in our community has threatened to sue us because they don’t agree with the decision to move forward with the loan. Can They Do That?” Becker Shareholder J. David Ramsey discusses in a brand new episode!

When it comes to association rules and bylaws, there seem to be more questions than answers. Becker’s video series “Can They Do That?” tackles some of the unique problems that homeowners and renters face today. We answer questions, no matter how far-fetched they may seem. From service animals to nudists in your community, we get to the bottom of it and let you know – “Can They Do That?”

To view previous “Can They Do That?” episodes click here!

Don’t miss out on new episodes of “Can They Do That?” Subscribe to Becker’s YouTube channel!

Do you have a question about your community that you would like answered? Email topic suggestions to: becker@beckerlawyers.com

 

Community Update – November 2022

We hope you had a wonderful Thanksgiving holiday. We are tremendously grateful to you and all of our clients, colleagues, and friends.

In this month’s edition of CUP, we discuss a wide array of topics from elections to adopting an annual budget, and don’t miss our special feature (podcast) to hear an engineer’s perspective on implementing Florida’s new condo safety law. And for our readers in South Florida, please feel free to join us at the 2022 Cooperator Tradeshow on December 8, 2022, in Fort Lauderdale.

Unit owners often move from private homes and do not understand that the condominium form of ownership in Florida is somewhat unique. Mark Friedman addresses common issues that often arise based on misunderstandings in, “Why Can’t We…”

The new law passed by the Legislature, known as “SB 4-D”, became effective May 26, 2022, and contains various important deadlines for compliance. Rosa de la Camara provides a crib sheet to help Associations in, “Do Not Miss These Deadlines.”

A new season means a new annual meeting and election. Learn about the election of directors and the annual meeting in, “The 2023 Season is Upon Us. Time to Think about Elections” by Mark Friedman.

The consequence of failing to abide by disability protection laws is at the heart of, “THIS CASE: Bhogaita v. Altamonte Heights Condominium Association, Inc.” by Jay Roberts. Find out why this case matters.

Client Alert: New Statute Requires Rental Unit Owners to Maintain Liability Insurance

Does your community association own rental units? If so, then you need to know about the new law that went into effect in New Jersey on November 3, 2022.

Under the new law (N.J.S.A., 40A:10A-1-2), the owner of a rental unit or units or the owner of a business is required to maintain certain liability insurance. The coverage must be for negligent acts and omissions in a minimum amount of $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.

The law also requires owners of multi-family homes with four or fewer units, one of which is owner-occupied, to have similar insurance in the minimum amount of $300,000. This portion of the law goes into effect on February 1, 2023.

In addition, owners must annually register a certificate of insurance showing proof of this coverage with the town where the business or rental unit is located. The town may charge a reasonable administrative fee for the certificate, as the law authorizes municipalities to do so by enacting an ordinance. Owners who do not comply with the law can be fined $500-$5,000 by the town.

The law applies to all new policies issued after November 3, 2022. It goes into effect on February 1, 2023, for all policies that were in force on August 5, 2022, that are renewed on or after February 1, 2023.

Please feel free to contact our firm If you have questions about this new law or any other legal issues at your association.

Fighting Fraud, Combating Cons, & Protecting Peace with Michael Reiter, Michael Reiter Associates

For more episodes of Take It To The Board, click here!


Did you know that shared ownership communities are prime targets for con artists and fraudsters? And that even the best association employee can be tempted to join those ranks?

Former Palm Beach Police Chief Michael Reiter tells host Donna DiMaggio Berger that the most effective way to “keep honest employees honest” while protecting an association’s financial resources is to put systems in place that require multiple approvals for expenditures and encourage regular questioning of itemized invoices.

Conversation highlights include:

  • The telltale signs of fraudulent activity, and how to identify the ‘fraud triangle’;
  • Recommended actions every association can take to guard against fraud, including how to protect the reserve fund;
  • Which source documents can be the most helpful;
  • How to handle vendors offering kickbacks and why associations should avoid accepting them;
  • How to handle the threat of violence within a community association, including the right time to call local law enforcement;
  • What can be done when the board and/or residents believe a sexual predator lives in the community;
  • The role of leadership training in creating a strong board; and so much more.

BONUS: Unclear on who is responsible for finding fraud in a community association? Hear the surprising answer from man who led the original – and only successful – investigation of sexual predator Jeffrey Epstein.

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunesAmazon Music, Spotify, YouTube, or listen through any podcast streaming app. You can also click here for the full archive.

Community Update – October 2022

Becker is deeply saddened by the devastation caused by Hurricane Ian. Ian has taken lives, destroyed homes and property, and ravaged entire infrastructure systems of towns and cities. As we turn our eyes to recovery, Becker is hosting a webinar on Wednesday, November 9 at 12:00 PM EST to review important information on how to implement a disaster recovery plan for your community. As always, we are here to help.

Florida law opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through presuit mediation. Jennifer Biletnikoff breaks down these recent changes in, “Options for Dispute Resolution in Condominium Associations.

Associations should not become involved in neighbor versus neighbor disputes, except to encourage that the dispute be resolved amicably. Robyn Severs discusses this and more in, “An Association’s Obligation Regarding Neighbor Versus Neighbor Disputes.

When owners or their guests, tenants or invitees violate the governing documents, associations have certain remedies available to it under Florida law. Learn about these enforcement actions and certain restrictions in, “Enforcing the Rules and Regulations in Your Community: All Actions Have Consequences. How Prepared Are You to Enforce Them?” by Jennifer Biletnikoff.

Due process and the proper scope of judicial injunctions lie at the heart of, “THIS CASE: Kittel-Glass v. Oceans Four Condominium Association, Inc.,” from Jay Roberts. Find out why this case matters.

Elevators & Electric Vehicle Charging Stations with Todd Schwartz, Connections Elevator

For more episodes of Take It To The Board, click here!


If you’re in the elevator business, the effortless and constant up and down momentum means business is good. But for community association boards and residents, elevator safety, maintenance, and even innovation can truly test one’s sanity.

Host Donna DiMaggio Berger challenges featured guest Todd Schwartz (Founder, Connections Elevator) to clarify the inner workings and ultimate impact of American society’s most prolific ‘people mover’ – and then invites him to explain how his interest in creating stability around elevators expanded to streamlining the installation of electric vehicle charging stations in communities around Florida.

Conversation highlights include:

  • Are elevator consultants legitimate?
  • What constitutes a typical elevator modernization project and how it differs from a repair project;
  • How to address an elevator modernization or major repair project in a building with only one elevator;
  • How to estimate ‘down time’ for an elevator modernization or repair project and the #1 thing to keep in mind before its undertaking;
  • The biggest complaint Todd hears about elevator companies in Florida;
  • How community associations can embrace electric vehicles – and their charging stations – while still appreciating how quickly technology evolves and needs to be replaced;
  • How Florida laws are being adjusted to accommodate electric vehicle usage in the states 60K community associations, and so much more.

BONUS: Learn what a Shabbos elevator is from the very person who represented the U.S. in tennis during Israel’s Maccabiah Games.

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunesAmazon Music, Spotify, YouTube, or listen through any podcast streaming app. You can also click here for the full archive.

“Emergency Powers for Community Associations” – News-Press

Two and half weeks ago, Hurricane Ian made landfall in Southwest Florida. Hurricane Ian was practically a worst-case scenario for our area and has impacted essentially every person and community. The recovery for many of our communities will take years and the process is only beginning.

In response to Hurricane Ian, the Governor has declared a state of emergency, therefore boards of directors are granted the “emergency powers” contained in the community association statutes.

For condominium associations, the emergency powers are contained in Section 718.1265, Florida Statutes, and provides boards with broad emergency powers in response to damage or injury caused by or anticipated in connection with an emergency for which a state of emergency is declared.

The emergency powers include the authority to:

  • Conduct board meetings, committee meetings, election, and membership meetings in whole or in part, by telephone, real-time video conferencing, or similar real time communication with notice given as is practicable. Such notice may be given in any practical manner, including by mail, e-mail, electronic transmission, or posting on the property;
  • Cancel and reschedule any association meeting;
  • Name as assistant officers persons who are not directors to accommodate the incapacity or unavailability of any officer of the association;
  • Relocate the association’s principal office;
  • Enter into agreements with local counties and municipalities to assist with debris removal;
  • Implement a disaster plan or an emergency plan which may include, but is not limited to, shutting down or off elevators; electricity; water, sewer, or security systems; or air conditioner;
  • Based upon advice of emergency management or public health officials, or upon the advice of licensed professionals, determine any portion of the association property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons;
  • Require the evacuation of the condominium property in the event of a mandatory evacuation order in the locale in which the condominium is located;
  • Based upon advice of emergency management/public health officials, or upon the advice of licensed professionals, determine whether the condominium property, association property, or any portion thereof can be safely inhabited, accessed, or occupied;
  • Mitigate further damage, injury, or contagion, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus or contagion, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property, even if the unit owner is obligated by the declaration or law to insure or replace those fixtures and to remove personal property from a unit;
  • Contract, on behalf of any unit owner or owners, for items or services for which the owners are otherwise individually responsible, but which are necessary to prevent further injury, contagion, or damage to the condominium property or association property;
  • Regardless of any provision to the contrary and even if such authority does not specifically appear in the declaration of condominium, articles, or bylaws of the association, levy special assessments without a vote of the owners; and
  • Without unit owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient.

However, condominium association board of directors cannot exercise powers which are specifically prohibited by the declaration of condominium, the articles, or bylaws.

Like condominium associations, Section 720.316, Florida Statutes, provides homeowners’ association boards with broad emergency powers in response to damage or injury caused by or anticipated in connection with an emergency for which a state of emergency is declared. Homeowners’ association do not have the power to require evacuation of the association or the power to contract on behalf of owners for items which owners are otherwise individually responsible. Otherwise, the emergency powers homeowners’ association boards may exercise substantially mirrors the powers provided to condominium boards discussed above.

Also, homeowners’ association boards cannot exercise powers which are specifically prohibited by the declaration or other recorded governing documents.

Joseph E. Adams is a Board Certified Specialist in Condominium and Planned Development Law, and an Office Managing Shareholder with Becker & Poliakoff. Please send your community association legal questions to jadams@beckerlawyers.com. Past editions of the Q&A may be viewed at floridacondohoalawblog.com.

Alternative Dispute Resolution with Jeffrey Streitfeld, Mediator

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When there’s a dispute that can’t be resolved amicably, lawsuits are not the only option. Mediation and arbitration are often used to save both sides considerable amounts of time and money. In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with former Judge Jeffrey Streitfeld, who has worked on legal disputes from nearly all sides. Jeff is currently certified by the Florida Supreme Court as a Circuit Civil Mediator, though he previously served as a trial judge, and was even one of the founding members of Becker back when the firm known as Becker, Poliakoff & Streitfeld. Jeff Streitfeld was known for pushing boundaries and creating new caselaw for community associations in Florida. He was elected to the bench in 1990 and was reelected three times without opposition, serving as a trial court judge for 24 years while presiding over nearly 400 jury trials.  Donna and Jeff discuss how people can find common ground in their disputes without ever stepping foot in a courtroom.

Highlights Include:

  • What are the different types of mediation?
  • What are the basic elements of mediation?
  • Are board members or owners who want to go to court over the “principle” of the matter making a costly mistake?
  • What is the difference between voluntary mediation and court-ordered mediation?
  • What are the challenges when either party shows up for pre-suit mediation without counsel?How does that dynamic change the role of the mediator?
  • When evaluating costs and successful outcomes, what is the difference between mediation and litigation?
  • Is there currently a trend towards informality in courtroom decorum?
  • What can an association board and its counsel do to prepare for mediation to make it most effective?
  • How long do mediations take?
  • Who should attend a mediation on behalf of the association?
  • How does a mediator deal with an uncooperative party?
  • What kind of disputes can a mediator typically resolve?
  • Is there any truth to the charge that “fat cat” and other inconsequential cases clogged the courts in Florida before pre-suit arbitration was mandated?
  • How are association mediations different from other civil matters?
  • If an agreement is reached, how important is it to have it drafted at the mediation, as opposed to just “doing the paperwork later”?
  • Is mediation preferable to arbitration in terms of consistent outcomes?
  • How did mediation become so popular as an alternative to litigation?
  • What is the most important aspect of mediation?
  • Violence against judges is on the rise. How big a threat do threats to the Judiciary pose for our democracy?

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app. You can also click here for the full archive.

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