Q: I recently moved into a condominium that provides electrical outlets at each parking space, and I have been using one of these outlets to charge my plug-in hybrid car. The board informed me that I am not allowed to use the outlet because it is considered a common area, and they do not want […]
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“New Law Requires Dissemination of Documents” – News-Press
Q: I recently bought a house and became a new member of a homeowners’ association. The association did not give me or my realtor a copy of the association’s rules and covenants before my purchase. Can you explain the new law on this that I was told recently passed? (J.D., via e‑mail) A: Amendments to […]
Read More“It’s That Time of Year Again…Now What?” – Florida Community Association Journal
The snowbirds and spring breakers have all returned home. The weather is warmer, and the days are longer. The summer vacationers have not yet arrived but will soon be here. Unfortunately, this also signifies the potential arrival of a dreaded and uninvited guest: a hurricane. While hurricanes are unpleasant, as with many things in life, […]
Read More“New Requirements for Condominium Association on Inspections of Official Records” – FCAP Managers Report
The Florida Legislature adopted House Bill (HB) 1021, which makes certain changes to the Chapter 718, or the Condominium Act. Assuming the bill is not vetoed by the Governor, it will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but one of […]
Read More“Violation Notices Part of Official Records” – News-Press
Q: Does a member of a homeowners’ association have the right to review a list of properties that have violated the HOA rules, such as landscape plants that are not permitted or exterior house paint colors not approved? (A.C., via e-mail) A: If such a list exists, yes. However, the association is not legally obligated […]
Read More“A Guide to Community Association Governance in New Jersey” – Community Trends
Living in a community association offers an array of benefits – well-maintained common areas, a sense of community, and shared amenities. However, a smooth-running community association relies on a strong foundation built upon a clear and documented framework called the “governing documents.” This framework, however, can be complex and downright overwhelming at times. The governing […]
Read More“Association Contracts” – FCAP Managers Report
Whether your community association is a condominium, cooperative, or a homeowners’ association, Florida law empowers your association to enter into contracts in connection with the maintenance and operation of the community. Often times, your association is all but required to contract with third parties in order to maintain and operate the community, as it does […]
Read More“Estoppel Charges Adjusted for Inflation” – News-Press
Q: I recently requested an estoppel certificate from our homeowners’ association to confirm the dues and fees associated with my property in connection with my selling the home. When I received the bill, the amount charged was higher than the cap mentioned in the Florida Homeowners’ Association Act. Can they legally charge more than what […]
Read More“Law Does Not Require Recording Rules” – News-Press
Q: The board of my association recently passed a new set of rules. Do we have to record these in the county records for them to be enforceable? (G.W., via e-mail) A: The “recording” of a legal document involves filing it with the Clerk of Court in the relevant Florida county. The law does not […]
Read More“Refund Rights Run with Title” – News-Press
Q: My condominium association board assessed seven thousand dollars per unit right after the Hurricane Ian in 2022, which I paid. The board has now decided they do not need the funds and have voted to return them to the owners. I sold my condo unit after the refund decision was made, but before the […]
Read More“Understanding the Corporate Transparency Act (CTA) and Its Possible Impact on Community Associations” – Daily Business Review
Becker Shareholder Donna DiMaggio Berger was recently featured in the Daily Business Review. Her commentary article looks at the implications the Corporate Transparency Act has on Community Associations, specifically the potential challenges for volunteer association board members in private residential communities. Donna writes, “The CTA aims to remove the anonymity surrounding shell companies and similar […]
Read More“Roofing Changes Usually Require Member Vote” – News-Press
Q: Our condominium association is thinking about changing roofing materials. Our bylaws say that a majority of the unit owners who participate in a meeting can decide any issue, “unless a specific voting percentage is stipulated in the declaration, these bylaws or law.” Does this mean that a majority of the unit owners can approve […]
Read More“Neighbor Cries ‘Fowl’ Over Chicken Ban” – News-Press
Q: My homeowners association inconsistently enforces its rules. Rules often overlooked include bans regarding permissible animals and owning chickens on the property – none of which have been properly enforced. The association issued a new owner a violation notice, even though other homeowners have been keeping chickens. Does this set a precedent for how these […]
Read More“Becker Adds Tim Scott’s Chief of Staff as Gov’t Consultant” — Law 360
Becker’s newest Senior Government Relations Consultant, Neri Martinez, recently told Law360 she chose to join Becker, in large part, because of the firm’s reputation of being a trusted source and having transparent leadership. Martinez said, “[Becker’s] corporate culture really inspires loyalty and nurtures growth, and that’s the kind of place where I like to be.” […]
Read More“‘Estoppel Certificates’ and Other Disclosures Explained” – News-Press
Q: I am in the process of selling my condominium unit and recently come across the term “estoppel certificate,” but I’m not quite sure what it means. Could you provide an explanation on exactly what kind of information is included on an estoppel certificate and just how much it typically costs to get one? I’d […]
Read More“Video Cameras—for Surveillance Purposes Only” – Florida Community Association Journal
Many associations have installed video surveillance cameras within the community common areas as a means to provide security for their residents. However, good intentions often lead to unanticipated consequences. In fact the use of video cameras may expose an association to liability. Generally, an association is not a guarantor or insurer of any person’s safety […]
Read More“Director Disqualifications Are Limited” – News-Press
Q: It recently came to light that one of our board members has an ongoing dispute with another unit owner, resulting in the unit owner taking out a restraining order against the board member. This is very concerning. Shouldn’t this result in the board member being removed from the board of directors of our association? […]
Read More“What Do You Mean We Cannot Enforce The Association’s 55-And-Older Provision?” – Florida Community Association Journal
While the Fair Housing Act (FHA) protects all citizens from discrimination on the basis of race, color, national origin, religion, sex, and disability or familial status (families with children under the age of 18 living with parents or legal guardians, pregnant women, and people trying to get custody of children under 18), there is an […]
Read More“Candidates May Vote For Themselves” – News-Press
Q: My condominium association has a five-member board of directors. At our upcoming annual meeting, there will not need to be an election as there are three open seats and three candidates. However, the question has arisen as to how to conduct the organizational meeting to be held following the annual meeting where the board […]
Read More“HOA ‘3 Minute Rule’ Questioned” – News-Press
Q: Our homeowners’ association board only lets residents speak at board meetings after taking a vote. They can only speak for 3 minutes in total. My understanding is that the residents should be able to speak before the vote, and they can speak for 3 minutes per item on the agenda. What is the rule […]
Read MoreBecker’s James Mahon & Catelyn Stark Contribute Chapter to International Comparative Legal Guide
James Mahon and Catelyn Stark of Becker’s New Jersey Litigation Team contributed a chapter entitled “Employment & Labour Laws and Regulations USA 2024” to the recently published International Comparative Legal Guide (ILCG). The chapter covers common issues in employment and labor laws and regulations – terms and conditions of employment, employee representation and industrial relations, […]
Read MoreIRS Proposal on Monetized Installment Sales Casts Too Wide a Net — Bloomberg Tax
Becker shareholder Michael Burwick authored the following insights to Bloomberg Tax about why potential complications of proposed IRS regulations on installment sales would require certain advisers to file disclosures. The IRS’s proposed regulations on monetized installment sale transactions are broad enough to implicate ethical transactions in its aim to capture abusive ones. The final regulations […]
Read More“Owner Questions Board’s Contracting Authority” – News-Press
Q: Recently, my condominium association authorized a major construction project. The contract for the work is several million dollars in value. The board of directors voted to move forward with their preferred contractor and authorize the president to sign. Isn’t this the type of contract that must be voted on by the owners? (O.V., via […]
Read More“Pending New Laws” – FCAP Managers Report
The 2024 Florida Legislative Session ended Friday, March 8th, and it was one of the busiest sessions in memory in terms of producing new community association legislation. Please remember that these bills do not become law until they have been sent to the Governor who then has fifteen (15) days to sign a bill, veto […]
Read MoreInvolved Versus Committed: Does My Community Association Need a Social Media Policy?
Across the green from Becker’s Morristown office is a delightful restaurant named “The Committed Pig.” When you walk in the door, a sign on the wall explains the restaurant’s interesting moniker: the best way to describe the difference between involvement and commitment is “bacon & eggs” the chicken is involved, but the pig is committed […]
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