Community Update – August 2026

08.31.2026
Joseph E. AdamsJoseph ArenaDonna DiMaggio BergerS. David CooperYeline GoinMary R. HawkJoseph MarkovichMarty PlattsBryony G. SwiftJonathan R. Zim

The back-to-school season is here, making it the perfect time to reset and get organized. This issue of CUP offers guidance to help you stay prepared for the year ahead, covering candidate speeches and eventsdysfunctional boardsDBPR education requirements, and the impact of nearby construction. We also celebrate the 46 Becker attorneys recognized in the 2027 edition of The Best Lawyers in America®. Don’t miss the latest installment of the Latin Corner, which addresses the difference between being a landlord and a resident.

Florida House Bill 797 (2026) introduces several governance reforms aimed at strengthening accountability within nonprofit corporations, including community associations. Bryony G. Swift highlights key changes, including new standards of conduct for officers, judicial procedures for removing directors, and updates affecting registered agents and corporate filings, in HB 797 Revises and Renames Chapter 617 of the Florida Statutes with a Focus on Transparency.”

Board members may eventually need to decide whether an association should sue a contractor, vendor, or owner. Before weighing the merits of a claim, however, the board should first confirm that the association is still legally permitted to file suit. S. David Cooper explains why timing is critical when preserving an association’s right to sue in, Tick Tock: Your Associations’ Right To Sue Has An Expiration Date.”

Mary Hawk explains what community associations should know before making alterations to common elements. She breaks down what might be considered a material alteration under Florida law, the voting requirements that may apply, and why governing documents play an important role in, Things That Are Material Alterations That Might Surprise You.”

THIS CASE examines the proper measure of damages when a contractor builds a residence in a manner that differs from the parties’ agreement. Joseph Markovich underscores the importance of involving qualified legal counsel to evaluate the governing contract, project records, and other evidence needed to support the appropriate damages claim in THIS CASE: Grossman Holdings Ltd. v. Hourihan.”

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Areas of Focus: Condo, Co-Op & HOA, Florida Community Association