Becker & Poliakoff

Community Update – July 2024

Community Update – July 2024

2024 was a particularly active year for community association legislation and several changes to the condominium law became effective July 1, 2024. What does that mean for your community association? This issue of CUP highlights some of those changes in Joseph Adam’s annual legislative review and Yeline Goin’s article on HB 1203. Don’t miss Becker’s 2024 Legislative Guidebook which provides a detailed overview of each new law, its implications, and practical steps for compliance.

This year’s Atlantic hurricane season is predicted to be one of the busiest on record and we are about to enter August, the time when the season typically ramps up. Where are you in your hurricane preparedness? Brandon R. McDowell provides helpful insights and explains the dangers of leaving electric vehicles plugged-in during a storm, in this timely article, “Hurricane Preparedness and Electric Vehicles.”

Also featured this month is hurricane insurance claims for condominium associations. There is a lot of information on how associations can prepare for hurricanes but much less information as to what happens after the hurricane, particularly as it pertains to insurance claims. Sanjay Kurian breaks down everything you need to know.

Incidental damages are damages that are caused by associations to portions of buildings that unit owners are required to maintain. The most common example occurs when an association has its contractor go into a unit and remove portions of the wall or the floor to gain access to common elements which require repair. Joseph Arena stresses the importance of reviewing your governing documents before starting large improvement projects in, “Ask About Incidental Damages Before Starting Your Condo’s Maintenance Project.”

In the aftermath of Hurricane Ian, many condominiums in the Southwest Florida area were substantially damaged. While many Associations are in the process of rebuilding, some have not been able due to the high costs involved. Jose Luis Baloyra emphasizes the critical need for a condominium association’s Board of Directors to consult with experienced real property and community association attorneys when contemplating termination in, “Delivering Marketable and Insurable Title After Condo Termination.”

In Florida, we are familiar with various types of wildlife surrounding our neighborhoods. Many of our communities are near bodies of water or have bodies of water within the community. How does this impact your community association? Karyan San Martano explains why due diligence is at the heart of, “THIS CASE: Palumbo v. State of Florida Game and Fresh Water Fish Commission.”

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