Becker & Poliakoff

FCAP Managers Report

Filters

Search Perspectives

Show Filters

Area of Focus

Year

Type

Reset Filters

Direct all media inquiries to BPPR@beckerlawyers.com

Results

“Impact of 2022 Legislative Summary on Community Associations” – FCAP Managers Report

The 2022 session of the Florida Legislature was statistically slightly above average with 1700 bills considered in its 60-day session. A total of 238 bills were passed by both houses and will be presented to the governor for his signature. Thirty bills were filed that could have impacted community associations. For residents of condominiums, the […]

Read More

“2022 Community Association Legislation – What Happened?” – FCAP Managers Report

After the Surfside tragedy, everyone wanted to know how such a tragedy could happen and what steps could be taken to avoid similar incidents in the future. What caused the collapse? Could it have been avoided? Why were repairs not made? Why did local governments allow repairs to drag on? Why were repairs not made […]

Read More

“Switching Hats: Can a Lawyer Who Represents an Association also Serve as a Member of the Client’s Board of Directors?” – FCAP Managers Report

The short answer: there is no express prohibition against this, but it’s complicated and not recommended for either the association or the lawyer. There are several ethical issues that arise due to the lawyer’s duties to the entity as its counsel, fiduciary duties to the entity as a director, and the lawyer’s personal self interest […]

Read More

“Board Member Tidbits” – FCAP Managers Report

For this article, I thought I would jump around and discuss various items regarding board members, board meetings and a few association operational issues that keep popping up as questions and issues. Board member certification. Let’s start with the board member certification requirement, which applies to condominiums, homeowner associations and cooperative association board members. Within […]

Read More

“‘Drawing a Line in the Sand’ by Reviving Previously Unenforced Restrictions” – FCAP Managers Report

The previous boards failed to enforce the parking restrictions in the community, and now parking has become a nightmare. The new board would like to remedy the solution, but can the board begin to enforce a restriction that has not been enforced in the past? Generally, the association may lose its right to enforce a […]

Read More

“Attention to Detail” – FCAP Managers Report

Attention to detail. A simple phrase that’s not always so simple to comply with, especially in a community association context. There are several technical provisions in the statutes governing community associations that must be complied with. Chapters 607, 617, 718, 719, and 720, Florida Statutes have numerous requirements that associations must adhere to. A few […]

Read More

“Limited Common Elements: What Are They and Who Is Responsible?” – FCAP Managers Report

Condominiums generally consist of the following two components: 1) the units that are subject to exclusive ownership by one or more persons, and 2) the common elements, which are any areas not included within the unit boundaries. Unit owners, in addition to the exclusive ownership of their units, also own an undivided share in the […]

Read More

“Maintaining Civility in Community Associations” – FCAP Managers Report

This past year has brought out divisiveness and discord at all levels of governance, including community associations. Although emotions always seem to run particularly high, community associations have been filled with neighbors with differing values, preferences, and opinions as to how the association should be run and maintained. Even pre-COVID, association governance could become intensely […]

Read More

“Hurricane Preparation” – FCAP Managers Report

Yes, it’s that time of year again. The six month long hurricane season in South Florida. South Florida has seen an increase in hurricane activity over the past years, and that is expected to continue this year. Let’s look at some ways community associations to prepare for such storms. Information on how to prepare for […]

Read More

“Playing for Keeps – What Rights & Authority Is an HOA Developer (or Successor Developer) Allowed to Keep after Turnover?” – FCAP Managers Report

For many Homeowners’ Association (“HOA”) owners and board members, the words “turnover” and “transition” are two of the most anxiously anticipated yet mysterious terms in community association lingo. Often used interchangeably, the phrases generally refer to the period of time (or “triggering event”) in the development of the community at which the developer is required, […]

Read More

“The Ins & Outs of Preparing a Condominium Association Budget” – FCAP Managers Report

In many ways, the managing and operating of a condominium association is akin to operating a business. A primary similarity is the importance of careful and accurate financial planning and budget preparation. The board of directors of an association has fiduciary duties to its members. By paying close attention to the legal and technical requirements […]

Read More

“Know When To Call Your Professional” – FCAP Managers Report

What a year. Because of COVID-19 issues, associations have dealt with owners working from home, children remote learning, contractor issues, common area issues, the pool, the gym, the visitors, the cleaning, the quarantine, the masks, and so on. Quite a year indeed. Many associations have spent more time speaking with their attorney, and hopefully insurance […]

Read More

“Condominium Association Elections – The Who, What, When, & Where” – FCAP Managers Report

Your condominium association elections for your Board of Directors are governed by the Florida Condominium Act (Chapter 718 of the Florida Statutes), and Rule 61B-23.0021 of the Florida Administrative Code. Your association governing documents may also contain requirements for your election. Generally, these requirements are contained in the association’s By-Laws. With this in mind, there […]

Read More

“Buy the Right Insurance: It Could Make All the Difference” – FCAP Managers Report

Purchasing insurance is often expensive, time consuming, and confusing. However, today is the right time to make sure you have the proper insurance coverage in place and to confirm that your insurance company has the financial strength to handle the claims process. That way you can rest comfortably knowing that you will be in the […]

Read More

“Weighing the Costs: Common Sense/‘Cents’ COVID-19 Measures for Community Associations Reopening Common Elements and Common Facilities” – FCAP Managers Report

One full year into the COVID-19 pandemic and people have really started to appreciate (or abhor) their neighbors. The extra time at home or stuck in one’s condominium unit has caused an increased sense of awareness and, in some cases, aggravation regarding the comings and goings and habits of our neighbors. Many community associations, and […]

Read More

“New Laws Regarding Emotional Support Animals” – FCAP Managers Report

Other than political debate, perhaps nothing else evokes more of an “emotional” response than the issue of emotional support animals in a no pet community. While this is not a new issue, and has been discussed many times in this forum and others, new laws in Florida may affect how your community may handle a […]

Read More

“How Community Associations Can Handle the Continuing Popularity of Short-Term Rentals” – FCAP Managers Report

Despite a year that has drastically curtailed traveling due to the global COVID-19 pandemic, the popularity of online vacation and short-term rental platforms, such as Airbnb and others, has persisted as people have sought escapes to private homes instead of hotels and to upgrade their work-from-home routines to somewhere with a view. Airbnb is only […]

Read More

“The ‘Nuisance’ Problem” – FCAP Managers Report

When Do Annoying Behaviors and Activities Within and Surrounding the Community Become a Legal Nuisance and How Can Your Community Deal with It? It seems like everybody’s got a problem with somebody these days. Sure, certain quirks and behaviors can certainly be classified as “annoying.” Who isn’t annoyed by that neighboring co-worker or spouse that […]

Read More

“Distinguishing Between Statutory and Non-statutory Reserves under the Florida Homeowners’ Association Act” – FCAP Managers Report

Considering the fiduciary responsibilities officers and directors have to the homeowners’ association’s members, it is important to understand not only the importance of including reserve accounts in an association’s budget, but also to understand when reserve funding is mandatory under the Florida Homeowners’ Association Act. Unlike condominium associations, maintaining fully funded reserve accounts is not […]

Read More

“What to Do When a Vendor Damages Association Property,” FCAP Managers Report

Service providers often cause property damage in community associations. Imagine a furniture delivery driver in a rush to make his next appointment, clipping your community’s security gate and taking a portion of it down the road, or a garbage truck leaking hydraulic fluid on your community roadways, leaving permanent stains. What should your association do […]

Read More

“Sit Back and Enjoy the Ride” – FCAP Managers Report

“Sit Back and Enjoy the Ride: Practical Considerations for Condominium Boards Regulating Electric Vehicle Charging Stations” On July 10, 2020, Governor Ron DeSantis announced over $8 million of the state’s budget this year will be dedicated to strengthening Florida’s electric vehicle infrastructure. The intent of what Gov. DeSantis described as a “long-term investment” is to […]

Read More

“Budgets” – FCAP Managers Report

With budget season approaching, Florida community associations must consider their capital expenditures and long-term maintenance needs. Community associations set aside a portion of their budgets for capital expenses and deferred maintenance, frequently referred to as “reserves.” The reserves are for expenses that do not occur on a regular basis and reserves are designed to ensure […]

Read More

“Managing Common Housing Under the Threat of COVID-19” – FCAP Managers Report

Managers are on the front lines of many challenging issues for private residential communities but managing a pandemic is uncharted territory for most. With the number of cases of COVID-19 increasing in Florida and the fact that Governor DeSantis has declared a State of Emergency, proactive community association management professionals are thinking about how this […]

Read More

“Avoiding Election Pitfalls” – FCAP Managers Report

Avoiding Election Pitfalls Many condominium associations are gearing up for, or in the midst of, election season, which presents challenges and questions regarding the election process. Condominium elections that fail to follow the procedures outlined in the Condominium Act, Florida Administrative Code, and the association’s governing documents can result in an election being voided. Homeowners’ […]

Read More

“Back to Basics” – FCAP Managers Report

There are articles every month covering community association issues, which you can find from a plethora of sources. This magazine, other similar magazines, national magazines, newspaper articles, everyone’s favorite blog, attorney resources, Internet, etc. Most of these articles deal with specific issues, such as short term rentals, or emotional support animals, or the latest case […]

Read More