Community Update – September 2025
Fall has arrived and with it comes the start of busy season for Florida communities. As residents return and meetings resume, now is the perfect time to refocus on board priorities. This month’s issue features timely articles on everything from best practices for board service and meeting rules to rental amendments and enhanced security measures. Don’t miss the latest installment of The Latin Corner, which addresses this year’s annual budget.
With recent changes to Florida law, condominium boards proposing an annual budget that exceeds 115% of the previous years must also provide a substitute budget that excludes discretionary expenses. In “Condominium Budgeting Has Changed,” Allison L. Hertz explains that both budgets must be sent to unit owners in advance, and why boards should consult legal, management, and accounting professionals well in advance of budget season.
If your Florida community association meetings are becoming increasingly hostile or disruptive, it may be time to consider a civility policy. But what does that mean? Mary R. Hawk outlines how associations can promote order by setting clear expectations for respectful behavior during meetings in “Does Your Association Need a Civility Policy?”
The Marketable Record Title Act (“MRTA”) generally does not affect condominium associations and co-op associations, but it does apply to the covenants and restrictions for most homeowners’ associations. While there is a procedure to preserve these documents before they expire, what happens if the deadline is missed? Elizabeth A. Lanham-Patrie provides practical guidance and a path forward in, “Have Your Covenants and Restrictions Expired? It Is Time to Revitalize.”
Under Florida law and most governing documents, associations have a broad and typically non-delegable duty to repair common elements, regardless of the source of the damage. Failing to fulfill this duty may expose associations to liability and disputes over repair obligations. In “THIS CASE: McLlenan v. Cypress Chase North Condominium No. 4 Ass’n, Inc.,” Joseph Markovich emphasizes the importance of seeking legal counsel when associations are uncertain about their repair duties to reduce the likelihood of litigation.
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