Community Update – May 2025
As summer approaches, community associations should focus on a few key actions to keep their neighborhoods safe, attractive, and well-managed. From hurricane preparedness and immigration enforcement, to exploring the integration of artificial intelligence, this issue of CUP has something for everyone. Plus, don’t miss the 100th episode milestone of Take It To The Board with industry icon James Donnelly of Castle Group.
Did you know Becker significantly strengthened the firm’s Condo, Co-Op, & HOA practice in Tampa with eight former Shumaker community association and litigation attorneys? The team will be led by Jonathan Ellis, former Chair of Shumaker’s Community Associations Practice Group, and Kathleen Reres, former Co-Chair of the Practice Group. Shareholder Clinton Morrell, along with five additional attorneys, have also joined Becker.
The Marketable Record Title Act (“MRTA”) provides that interests in real property are extinguished after thirty (30) years, with limited exceptions, unless preserved through compliance with Chapter 712. Elizabeth A. Lanham-Patrie emphasizes the critical need for associations to take timely action to preserve these rights and avoid notable consequences in, “Don’t Let Your Covenants and Restrictions Expire, Be Sure to Preserve.”
In a recent CUP article, we examined whether 55+ communities can avoid compliance with federal laws that prohibit discrimination based on age and familial status. But what happens when someone under the age of 55 tries to purchase a unit in one of these condominiums? Can they be disqualified from buying solely because of their age? In this featured video, “The Fair Housing Act: Housing for Older Persons,” Jennifer L. Biletnikoff highlights the crucial distinction between ownership and occupancy in 55+ communities.
For more information on preserving “55 and Older” Communities, check out this episode of Take It To The Board.
Associations may risk losing the right to enforce their governing documents if they apply rules inconsistently, unevenly, or arbitrarily, a concept known as “selective enforcement.” Michelle H. Kaiser explains all is not lost and that your Association, in consultation with its legal counsel, may be able to “reset” the restriction in, “Retaking the Right to Enforce: Explaining the Chattel Shipping Process.”
THIS CASE marks a pivotal advancement in social media ownership jurisprudence by creating a structured analytical framework to determine who rightfully owns social media accounts, particularly when ownership is contested. Joseph Markovich highlights why community associations should implement clear contractual provisions to reduce the likelihood of disputes and protect increasingly valuable digital assets in, “THIS CASE: In re Vital Pharmaceutical.”
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