Community Update – February 2026

02.28.2026
Joseph E. AdamsJoseph ArenaJose Luis BaloyraDonna DiMaggio BergerJonathan J. EllisYeline GoinAllison L. HertzNicolas M. JimenezClinton S. MorrellNataly Gutierrez VazquezJonathan R. Zim

As we move into the spring season, we’re reminded that it’s a time to embrace new beginnings and fresh opportunities. In this edition of CUP, we focus on practical insights to help your association navigate change with confidence. Our featured articles cover a range of timely topics, including House Bill 657 and its potential impact on associations, understanding the rules surrounding electronic voting, how to properly navigate a recall petition, and breaking down Florida’s new education requirements for board members. We are also thrilled to welcome our newest Shareholder, Nataly Gutierrez Vazquez, and celebrate our first BoardSmart Masterclass Series graduate.

For those of you living in South Florida, don’t miss Becker’s Industry Appreciation Event on March 19 in Coral Gables! Please join us for an evening of refreshments, meaningful networking, and connection with Becker attorneys who serve community associations throughout Miami-Dade and across Florida. Click here to register.

One of the most important financial decisions facing Florida community associations is how to account for reserve funds. Should your association maintain separate accounts for each reserve component, or combine them into a single pooled fund? Clinton S. Morrell breaks down the advantages and disadvantages of each approach in “To Pool Or Not To Pool? Understanding Straight Line Versus Pooled Reserves in Florida Community Associations.”

Providing remote access to association meetings offers many advantages, including increased participation and transparency, but it also gives meeting leaders an important tool: the ability to mute participants to maintain order and keep discussions on track. Nicolas M. Jimenez explains why it is critical to understand the legal boundaries and best practices surrounding this authority in “The Power to Mute.”

Terminating a condominium in Florida is a complex process with several legal considerations. In “Minority Unit Owners’ Veto Power Over Condo Termination,” Jose Luis Baloyra explains how F.S. 718.117 and the inclusion or absence of Kaufman language in a declaration can affect the unit owner approval process.

Competing arguments over enforcing lien provisions in community declarations were at the heart of THIS CASE. Joseph Arena explains the lasting legacy and legal precedent set for why assessment liens established by a community declaration will almost always overcome owners’ Homestead protections in “THIS CASE: Bessemer v. Gersten.”

Click here to view the full Community Update!

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