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Community Update – February 2023

Spring is the season of new beginnings and a reminder of how nice change can be. This month, we spotlight timely issues and provide guidance for you and your community to move forward. Our featured articles explore various topics from condo safety regulations and hurricane repairs to combatting growing hate crimes inside community associations. Also featured this month is the board […]

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Timesavers at Annual/Election Meetings

Proxies and Limited Proxies In condominiums and cooperatives, general proxies are used for establishment of a quorum and limited proxies are used to vote on a particular matter – amendments, waive reserves or financial reporting requirements, etc. It is only in homeowners associations when proxies may also be used for elections. Proxies and limited proxies […]

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Director Elections in HOAs (i.e. Welcome to the Wild, Wild West)

An increasing number of homeowners’ associations are adopting a two-notice, advance-nomination process for electing directors, similar to the election procedures statutorily dictated for condominium associations. Yet with many HOAs still operating with governing documents drafted by the developer, it is not uncommon to hear about situations where an association is running its condo-like election based […]

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Lender Questionnaires

Associations and association managers routinely receive what are referred to as lender questionnaires on a regular basis. A lender questionnaire is usually a request from a bank, lending institution or title company that requests the Association provide information about the community to the lender. Such requested information generally includes request for information concerning the community […]

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Community Update – January 2023

We hope that 2023 is off to a wonderful start! This month, we work through a wide array of issues so that you can rest assured your association is beginning the new year on a high note. There are very specific statutory requirements for levying a special assessment in a condominium. Mark Friedman provides helpful […]

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Reviving Unenforced Restrictions

The previous boards failed to enforce the provisions of the Declaration, bylaws, and/or rules and regulations of the community and now whenever the manager tells someone that they are in violation, the response is that the Association allowed this to occur for many years without enforcement. All is not lost. A previously unenforced restriction may […]

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The Role of Impartial Committees in Condominium Elections

The focus of this article is on impartial committees for the annual election. This committee tallies the votes that were cast and determines the outcome of the election. If selected in advance of the annual meeting by the Board, the committee may also verify outer envelope information in advance of the meeting. As a starting […]

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Special Assessments

There are very specific statutory requirements for levying a special assessment in a condominium. Your governing documents must be reviewed to determine who votes on the special assessment (Board, membership, or both), and the notice period for the meeting at which the special assessment will be approved. Sometimes the notice period will be longer than […]

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Community Update – December 2022

As 2022 comes to an end, we look back at our most popular articles this year. Read on for helpful information on statutory and non-statutory reserves, estoppel fees, and so much more. We look forward to another productive year together and wish you continued success in 2023! TOP 5 COMMUNITY UPDATE ARTICLES OF 2022 Given […]

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Community Update – November 2022

We hope you had a wonderful Thanksgiving holiday. We are tremendously grateful to you and all of our clients, colleagues, and friends. In this month’s edition of CUP, we discuss a wide array of topics from elections to adopting an annual budget, and don’t miss our special feature (podcast) to hear an engineer’s perspective on implementing Florida’s new condo […]

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The 2023 Season is Upon Us. Time to Think about Elections

A new season means a new annual meeting and election. In condominiums and cooperative associations there are two components: the election of directors and the annual meeting. Most think of them as one and the same, but they really are separate events which occur concurrent with one another. The condominium and cooperative election takes place […]

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Do Not Miss These Deadlines

The new law passed by the Legislature, known as “SB 4-D”, became effective May 26, 2022 and contains various important deadlines for compliance. The new law applies to condominiums and cooperatives which are 3 stories or higher. We are most often asked “by when do we need to comply with the new law?” This article […]

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Update: Additional Opportunity to Extend Certain Permits Due to Hurricane Nicole

Section 252.363(1)(a), Florida Statutes (2022), provides that certain qualifying permits and authorizations are eligible for an extension once a state of emergency is issued by the Governor for the length of time the state of emergency is in effect, plus an additional six months. A written request for such an extension must be submitted to […]

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Community Update – October 2022

Becker is deeply saddened by the devastation caused by Hurricane Ian. Ian has taken lives, destroyed homes and property, and ravaged entire infrastructure systems of towns and cities. As we turn our eyes to recovery, Becker is hosting a webinar on Wednesday, November 9 at 12:00 PM EST to review important information on how to […]

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Enforcing the Rules and Regulations in Your Community: All Actions Have Consequences. How Prepared Are You to Enforce Them?

Whether you live in a condominium, cooperative, or homeowners’ association, owners and their guests, tenants and invitees are bound by the association’s governing documents, which may include the declaration, articles of incorporation, and bylaws, and any rules and regulations. Prospective owners and tenants must understand what is required of them under these documents as they […]

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Options for Dispute Resolution in Condominium Associations

On July 1, 2021, changes to Florida law opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through presuit mediation. Previously, certain disputes between condominium associations and unit owners (or cooperatives and unit owners) were required to be submitted to arbitration through the […]

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Community Update – September 2022

At Becker, we stand with our fellow Floridians, particularly those on the west coast who experienced the wrath of Hurricane Ian. As we turn our eye to recovery, we are here to help. Electronic voting offers a convenient method for casting your “ballot”. How can you bring electronic voting into your community? Jennifer Biletnikoff discusses […]

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Estoppel Fees Have Increased

In 2017, the Florida Legislature amended the community association statutes to formalize the estoppel certificate process and to establish the amount association were permitted to charge for providing the estoppel certificate. Prior to 2017, the statutes stated that associations could charge a fee for providing an estoppel certificate but did not specify the amount of […]

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Electronic Voting in Community Associations Are the Days of Paper Ballots and In-Person Meetings a Thing of the Past?

Before the 2020 pandemic, annual membership meetings were a time for owners to get together and discuss community issues while anxiously awaiting for election ballots to be counted. However, COVID-19 changed the manner in which association meetings were held. With restrictions on large group gatherings and strict quarantine requirements, many associations limited in-person attendance, requiring […]

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Acceptance and Application of Payments is ALWAYS the Right Answer

Assessment payments are the life blood of every community association, and the recovery of delinquent assessments is the primary goal for every community association. However, many associations, and their management companies, refuse to accept direct payment from delinquent owners once the account is turned over to their attorney for collection proceedings. Many associations place a […]

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Community Update – August 2022

This month’s edition of CUP is packed with insightful information. In addition to our featured articles, be sure to check out new episodes of the Take it to the Board Podcast including conversations with community association professional coach, Carmelo Millimaci, and Broward County Property Appraiser, Marty Kiar. Also, find out why it’s important to do your due […]

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Community Update – July 2022

On July 1, 2021, changes to Florida law opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through pre-suit mediation. Learn more about what this means in our featured article, “Options for Dispute Resolution in Condominium Associations.” Also, did you know that Becker’s Mediation […]

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Community Update – June 2022

June officially marked the start of Hurricane Season in Florida. If you haven’t already, make sure to check out Becker’s Hurricane Guide which includes helpful information to ensure your association is prepared should disaster strike. Also, if you missed our recent webinar on the adoption of Bill SB 4D, the new law addressing building safety, check it […]

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The Association’s Responsibility for Wildlife in the Community

As Floridians, we are familiar with various types of wildlife surrounding our neighborhoods. As new communities develop and expand into natural habitats throughout the state, interactions between residents and wildlife are increasingly common. Most of the time, these interactions are unproblematic, but dangerous incidents can, and do, occur. The tragic alligator attack of the two-year […]

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