Becker’s community association practice grew out of its pioneering role creating the law pertaining to the operation of common ownership housing in Florida. Many of the leading cases in the field bear the firm’s name. Our attorneys are recognized as individual leaders in the field through extensive experience, published works, public service, legislative activities, and industry group leadership positions. Several attorneys are members of the prestigious College of Community Association Lawyers (CCAL). In Florida, Becker has the largest, dedicated team of Board Certified attorneys in Condominium and Planned Development Law among any firm in the state.
We respect the role that a free press plays in our democracy. We understand that our firm may be newsworthy in the context of community association activities and governance. However, we take exception to the media’s recent practice of reporting on allegations absent facts, the omission of highly relevant information and giving voice to those who pursue nefarious personal agendas for the purpose of sensationalism and online clicks.
We believe facts matter and invite you to learn more.
BECKER’S ROLE
When engaged by community associations, Becker attorneys play a role similar to that of general counsel in a corporate environment. We report to the community association’s Board of Directors and advise on a wide range of legal issues. When expertise is required in other areas – such as property management, structural engineering or technical matters related to construction or maintenance – we advise that the board seek counsel from experts in those areas to inform its knowledge and decision making. We are proud to be recognized as staunch advocates for the rights of community associations, and the health and safety of buildings governed by associations.
THE LEGISLATIVE PROCESS AND BECKER’S RESPONE TO RECENT PRESS
During Florida’s two-month legislative session, there is typically just one community association bill presented, the omnibus bill. This bill is a collection of regulations that may address a wide range of issues from safety requirements to board responsibilities. Legislators have the option to vote for or against the omnibus bill as a whole; there is no opportunity to vote for or against specific line items so legislators need to balance potentially problematic components of the bill against other elements that may be positive when considering their vote. This results in a very collaborative process and there is no single group or entity that has the ability to control which bills will move or not.
In recent months, certain media outlets have suggested that Becker is anti-reform. The allegation is baseless. Click “learn more” below for the facts.
COMMUNITY ASSOCIATION ADVOCACY
Becker will always advocate in those areas that protect owner’s rights and the right to hold accountable those that poorly design, build and develop housing projects. We believe in reform that allows for older multifamily buildings to remain safe and affordable for Floridians, particularly seniors. We support reasonable budgetary requirements to address necessary maintenance, funded reserves and new engineering requirements, while recognizing that insurance coverage is a significant financial burden for community associations.
FLORIDA BAR’S CONDOMINIUM AND PLANNED UNIT DEVELOPMENT TASK FORCE COMMITTEE 2021 REPORT
Becker fully supports the Florida Bar’s Condominium and Planned Unit Development Task Force Committee October 2021 report, which recommends eight key areas of reform. Becker shareholder Joseph E. Adams is a member of the nine lawyer committee who prepared this transformative document with regard to the collective legal recommendations to the legislature. We encourage Florida’s elected officials to review, carefully consider and adopt the reforms articulated in the report.
CURRENT RISKS & RECOMMENDATIONS
There is an understandable legislative push to address issues related to the Surfside tragedy. However, until the cause of the tragedy is identified, our elected officials may have to resign themselves to fixing some of the problems now with the potential that 2022 legislation may need to be revised in later years as more is known. The ultimate bills that pass must work together toward a solution and not in conflict with the overall goal of making Florida communities safer, healthier and affordable.
