Becker & Poliakoff

Community Update – August 2023

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.”

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