Community Update – November 2025

11.30.2025
Joseph E. AdamsJoseph ArenaDonna DiMaggio BergerJames Robert Caves, IIIYeline GoinAllison L. HertzJoseph MarkovichBryony G. SwiftJonathan R. Zim

As the year comes to a close, community associations are planning ahead for 2026. This issue of CUP offers key insights to help your community step into the new year on the right foot. Whether you’re looking to understand condominium budget procedures, explore electric vehicle charging, or restore respect in your association, we have something for you! And for our readers in South Florida, please feel free to join us at the Cooperative Expo at the Broward County Convention Center on December 11, 2025. We hope to see you there!

With New Year’s festivities approaching, understanding how state law treats holiday fireworks can help communities manage expectations and avoid confusion. “A New Year’s Guide to Florida’s Holiday Fireworks Statute” by Joseph Markovich breaks down what qualifies as a “firework,” which items require permits, and how state provisions interact with local enforcement and private community covenants.

The condominium omnibus bill, which was adopted during the 2025 legislative session, amends Florida Statute 718.112 to explicitly allow condominium association meetings to be held by video conference. What does that mean for your association? Allison L. Hertz and Bryony G. Swift highlight the need for associations to review and update their meeting procedures as well as electronic-voting practices to ensure compliance with these new requirements in “New Laws for Condominium Meetings Held Via Video Conferencing.”

As community associations review their governing documents and consider updates for the coming year, understanding how to properly handle rules and rule changes is essential. In “Recording Rules and Rule Changes in the Public Records,” Joseph Arena describes when associations should consider placing their rules in the public records, the benefits and drawbacks of doing so, and why consulting legal counsel can help boards avoid inconsistencies.

Business decisions made by an association’s board of directors will generally be protected under the business judgment rule doctrine. Allison L. Hertz explains that Florida courts will not second-guess a board’s actions when the association has the authority to act, and the decision is reasonable, meaning it is not arbitrary, capricious, or made in bad faith, in “THIS CASE: Hollywood Towers Condominium Association, Inc. v. Hampton.

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