This issue of CUP features a helpful guide for board members, information on new term limits, and tips to save money on your property taxes. Don’t miss our featured podcast episode, “Navigating Defamation Lawsuits and Non-Compete Clauses!” Employers are relying more and more on independent contractors instead of employees. While using independent contractors can have […]
Read MoreResults
The Impact of the New Department of Labor Rule on Worker Classification and Ensuring Proper Classification of Workers
In the early 2000s, employers and established businesses rarely sought out the work of independent contractors. Now decades later this has changed significantly as employers are relying more and more on independent contractors instead of employees. While using independent contractors can have certain benefits, there can also be certain risks especially when it comes to […]
Read MoreAddressing Burdensome Records Requests via the Rule-Making Power of Condominium Associations
Records requests can become quite daunting when a board of directors is faced with a high volume of demands from unit owners asserting their right of inspection of the association’s official records. Section 718.111(12)(c)(1) of the Florida Condominium Act (“Act”) permits condominium associations to “adopt reasonable rules regarding the frequency, time, location, notice, and manner […]
Read MoreSo, You Received a Written Inquiry
Your community association has just received, by certified mail, a letter from a unit owner with several questions about the operation of the Association. What do you do next? First and foremost, you should always ensure that your community association’s legal counsel is promptly notified of such inquiries because receipt alone may trigger time sensitive […]
Read MoreCommunity Update – January 2024
The 2024 Legislative Session promises to bring sweeping changes to community association operations throughout Florida. In this issue of CUP, we highlight which bills we are watching, the Corporate Transparency Act, and the possibility of self-insurance. Don’t miss our weekly online legislative briefing with Bryony Swift. Also featured this month is our popular podcast, Take […]
Read MoreCondominium Rule Restrictions of Door-to-Deliveries: A Right or a Convenience?
In today’s world, almost anything you can fathom can be conveniently delivered to your door. Whether it is pet food, medicine, or your next meal, you can have seemingly anything you want delivered without ever leaving the comfort of your condominium unit. But has this convenience become a right? Can a condominium control such deliveries?
Read MoreThe Danger of Substituting Artificial Intelligence for Your Attorney
“Don’t confuse your Google Search with My Law Degree.” This is a popular saying found on attorney coffee mugs these days, and this sentiment does not seem so farfetched as we live in a world increasingly dependent on autonomy and artificial intelligence (“AI”). It’s rare to see people without their phone glued to their hands, […]
Read MoreThings Associations Should Know About Tax Deed Sales
Every so often associations will unexpectedly receive notice that a tax deed has been applied for in connection with a parcel or condominium unit in the community. Those notices will describe tax certificates, provide a redemption amount, and state the date on which the parcel or unit will be auctioned for unpaid property taxes if […]
Read MoreCommunity Update – December 2023
A new year means new goals! As we turn the corner into 2024, this issue of CUP spotlights helpful tips so your community association can start the year off right. This includes adoption of the annual budget, a review of new legislation, and the responsibilities of residents in communal situations. Don’t miss our featured podcast […]
Read MoreCommunity Update – November 2023
As 2023 comes to an end, community associations are beginning to plan for the coming year. This issue of CUP provides helpful insight so your community can put its best foot forward. Whether you’re looking to combine operating funds with reserve money, struggling with the property insurance crisis, or need a new online voting platform, […]
Read MoreHoliday Decorations – Ho, Ho, Ho or Bah Humbug?
As the holiday season approaches, it is a good time for associations to consider its authority regarding outdoor holiday decorations. Every community is different, and opinions vary about when the holiday decorations should be put up and “how much” is “too much.” Some people want to start decorating for the holidays on November 1, while […]
Read MoreImplementing Condominium Restrictions
When faced with a reoccurring issue in a condominium, the Board of the Directors may want to consider implementing a restriction as a long term solution to the problem. For example, after increasing complaints of loud music at late hours, the Board of Directors may consider a restriction as to when and to what extent […]
Read MoreThe Effect of Section 720.3045, Florida Statute on Homeowner Association
Section 720.3045, Florida Statutes was created during the recent legislative session as part of House Bill 437. This section prevents associations from restricting the installation, display and storage of “any item” on a parcel that is not visible from the parcel’s frontage or an adjacent parcel, unless same are prohibited by general law or local […]
Read MoreCommunity Update – October 2023
Special Notice TEN-HUT BOARD MEMBERS AND MANAGERS! The Buzz is in the air… Becker’s Board Member Boot Camp is RIGHT AROUND THE CORNER! Join us on Tuesday, November 14, from 9:30AM – 3PM EST, at the Signature Grand, in Davie, Florida. Come prepared to be put through your paces by veteran community association attorneys, Donna […]
Read MoreDamage to Units
What if there is a leak in the unit; whose insurance covers the damage? There are usually three parties to this type of situation: 1) the owner who caused the leak; 2) the other owners damaged by the leak; and 3) the Association. All three parties should put their insurance carriers on notice. The Association […]
Read MoreWho May Run for the Board?
Can a non-owner be a Board member in a Condominium? Every year this question comes up in one form or another. In some cases, it is a spouse who is not on the deed who wants to be on the Board. In other cases, someone who is on the Board moves away but his/her term […]
Read MoreFiduciary Relationship and the Business Judgment Rule
Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association and to refrain from obtaining or accepting personal benefits at the expense of the association. […]
Read MoreCommunity Update – September 2023
Fall is officially here which means busy season is upon us. This month, we spotlight timely articles to help your board succeed in the coming months. Our featured articles explore various topics from board term limits and upgrading your documents to reserves and special assessments. Don’t miss our newest episode of Take It To The […]
Read MoreAre Those Under Age 18 a Protected Class?
In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering that various rules regulating or prohibiting use of the association’s facilities by persons under 18 […]
Read MoreNavigating the Complex World of HOA Architectural Control
What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members? In the case, Young v. Tortoise Island Homeowners Association, Inc., the court reasoned that, in the absence of an existing pattern or scheme of architecture which puts purchasers on notice that only […]
Read MoreBackyard Storage Woes: Does the New Backyard Storage Statute Apply to Your Homeowners Association?
While there has been a lot of buzz about changes made in the 2023 Florida Legislative Session to laws affecting our Association clients, one potentially important change has been largely overlooked. The seemingly innocuous flag bill – House Bill (HB) 437 — creates the new Florida Statute 720.3045 prohibiting homeowners’ associations from regulating certain backyard storage.
Read MoreCommunity Update – August 2023
Hurricane Idalia is reported to be the worst hurricane to make landfall in Florida’s Big Bend in 100 years. Our hearts are with everyone affected and we are always here to help. Our website contains a significant amount of educational information for your community. Should your property incur damage, the firm’s affiliated public adjusting company, Association […]
Read MoreHousing For Older Persons
In 1968 the Federal Fair Housing Act (also known as Title VIII of the Civil Rights Act) was enacted to prohibit discrimination based on race, color, religion, sex, or national origin. Subsequently, in 1988 the Act was amended to add discrimination based on disability and family status and in 1995 the Housing for Older Persons […]
Read MoreKeeping Your HOA’s Covenants Alive
The Marketable Record Title Act’s (MRTA) purpose is to extinguish old interests and use restrictions on lands and to allow for land sales to be completed more easily and with less expense. Unfortunately, aged homeowners’ association covenants are amongst the interests that can be extinguished by MRTA, and preventing such extinguishment is a very important […]
Read MoreCan Anything Be Done About Solar Panels?
If you are living in a homeowners association you probably know that the Association cannot prohibit the installation of solar panels (or “solar collectors”). But what about a request to install such devices on the roof of a condominium? Section 163.04, Florida Statutes, provides: A deed restriction, covenant, declaration, or similar binding agreement may not […]
Read More