Becker & Poliakoff

Community Update – July 2021

Community Update – July 2021

This edition of Becker’s Community Update addresses several facets of how collaboration between the association and its members can be successfully navigated, ensuring the health and well-being of both parties at the beginning of the relationship and throughout its lifespan. Security – whether provided by video cameras or sound documentation – is definitely a theme. Check out the topics below, and don’t forget to connect with us on Facebook for real time updates!

Declaring bankruptcy can be a difficult decision for anyone facing unexpected financial hardships, but doing so within the shared ownership community affects more than just the individual. Joseph Arena’s “Bankruptcy Basics for Community Associations,” outlines some of the most important milestones a community/condo/homeowner association’s board or property manager must consider when addressing a resident’s inability to meet his/her financial obligations.

In “Can Owners Stop Turnover?,” Sara Wilson offers associations some practical steps to consider for a smooth transition from developer to board management. Get guidance on the benefits of hiring inspectors, understanding drainage concerns, and carefully reviewing (one more time!) those foundational governing documents – and set both association and owners up for a bright future.

Florida law, as well as Federal regulations, is very clear that personal privacy will not be sacrificed in the name of community security – even if the intent is to protect against vandalism or neglect. In the first part of our security-focused series, Elizabeth Lanham-Patrie discusses Issues to Consider Prior to Installing Security Cameras on the Common Areas. Highlights include how audio changes the legality of the footage, staying on the right side of wiretapping rules and the Video Voyeurism law, and more.

THIS CASE: Jay Roberts examines “Klinow v. Island Court at Boca West Property Owners’ Association, Inc.” in which what was initially a beautification project became a battle between the HOA and one owner. This lawsuit underscores the importance of working with association counsel to ensure any amendment to maintenance obligations within a HOA’s declaration of covenants has been correctly drafted and is enforceable. Are you facing the same dilemma?