Insurance premiums have always constituted a significant percentage of most community association budgets, but astronomical increases in recent years have completely changed the budget landscape. In addition to unaffordable premiums, many insurers are denying full replacement cost coverage, demanding roof replacement for roofs that are still functioning, and/or pushing for complete exterior hurricane protection in […]
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“How to Proactively Utilize Your Community Association Attorney” – Community Trends
Normally, attorneys must be reactive when asked to address an important question, issue, or even a pending lawsuit, so it is a pleasant surprise when attorneys are asked to be proactive and impart their wisdom and advice to our community association clients. Here are a few suggestions for how your community association can proactively utilize […]
Read More“What to Do if Your Association Is Served With a Complaint or Is Subject to a Subpoena” – FCAP Managers Report
If your community association is served with a complaint or subpoena, you must promptly forward it to the community association’s legal counsel. As explained in this article, receipt of a complaint or subpoena triggers time sensitive legal obligations that can expose your community association to serious liability. With respect to complaints, Florida Courts generally deem […]
Read More“Association Wants to Go ‘Paperless'” – News-Press
Q: Our condominium association wants to go “paperless” as much as possible for our meetings and move to “virtual” meetings both for convenience and cost savings. Do you have any guidelines on what this involves? (S.R., via e-mail) A: The relevant terms are often confused or used imprecisely. There are several distinct procedures that come […]
Read More“2023 in Review” – FCAP Managers Report
New Legislation The 2023 Florida legislative session addressed a wide variety of issues impacting community associations. The longest bill impacting community associations became 2023-203, Laws of Florida. The amended statutes changed, clarified, or corrected provisions created by the laws approved in 2022, Senate Bill 4-D, which became Chapter 2022-269, Laws of Florida, commonly referred to as […]
Read More“Required Notice for Budget Meetings in Homeowners’ Associations” – News-Press
Q: An issue has come up concerning my homeowners’ association board of directors and the adoption of our annual budget. Recently, the board noticed a board meeting for the adoption of the annual budget and only posted the notice as they do for normal board meetings. There was no mailing of information concerning the budget […]
Read More“Effective Date of New Reserve Law Questioned” – News-Press
Q: Our condominium association just held a vote to less than fully fund reserves for the 2024 budget. It passed by a majority of the quorum, but not a majority of the entire voting interests. There seems to be some question as to whether the recent statute change to “majority of the entire voting interests” […]
Read More“Directors Usually Fill Board Vacancies ” – News-Press
Q: There was a recent vacancy on the board of directors for my condominium association due to a resignation. The board voted to appoint someone to fill the vacancy. However, a question was raised as to whether that person fills the vacancy for the remaining term of the resigning director, which runs until the annual […]
Read More“Effective Community Association Governance” – FCAP Managers Report
Your community association functions as a democratic subsociety, which works most effectively with an active and informed membership. This requires a level of knowledge and understanding about the community’s operations from both the Board and the membership at large. We continue to hear that unprecedented changes are coming down the pipeline in the ways that […]
Read More“Tax Deed Can Extinguish Assessments” – News-Press
Q: I am on the board of directors of a condominium association, and one of the units in our association has both unpaid assessments and taxes. We recently received a notice that the county will sell the unit to satisfy the unpaid taxes. We have questioned how this will affect the condominium documents and the […]
Read More55+ Communities – Do I Still Need a Survey Every 2 Years?
Effective July 1, 2020, the Florida legislature eliminated the requirement for 55+ communities to register with the Florida Commission on Human Relations (“FCHR”), and eliminated the need to submit a letter to the FCHR every two years stating that the association complies with the requirements to be considered housing for older persons under state and […]
Read More“Comingling of Funds Questioned” – News-Press
Q: Can a condominium association’s operating funds be combined with the reserve money? My association has not moved money into the reserve account and out of the operating account in the last year. The money is there, it is just not in the right account. Is it permissible to keep the reserve and operating funds […]
Read More“Use of Assessment Money Regulated by Statute” – News-Press
Q: My condominium association board recently adopted and collected a special assessment to fund a construction project at the building. However, due to a change in circumstances, the board of directors has now decided to not proceed with the project. A question has come up as to what the association should do with the money […]
Read More“HOA and Condo Proxy Procedures Differ” – News-Press
Q: A question has come up in my homeowners’ association as to whether owners are permitted to vote by proxy at owner meetings. If so, where is this right found? (C.D., via e-mail) A: Section 720.306(8) of the Florida Homeowners’ Association Act states that members have the right to vote by proxy unless otherwise provided […]
Read More“‘Sunshine’ Rules Apply to Budget Workshops” – News-Press
Q: An issue has come up in my condominium association regarding the creation of the budget for the 2024 fiscal year. The board has discussed having a board workshop to develop the budget. However, it is not clear that the board intends to allow owners to attend the workshop. The board has stated this will […]
Read MoreBecker’s Coral Gables Office Profiled in Coral Gables Magazine
Becker’s Coral Gables office was recently profiled in Coral Gables Magazine’s ‘City Beautiful’ edition. The issue highlights the strength of Coral Gables as a hub for multinational companies and international business. Located at 2525 Ponce de Leon Blvd., Becker’s Coral Gables office is a top-performing hub, managing a significant portion of the firm’s work with […]
Read More“Director Removal Does Not Require Good Cause” – News-Press
Q: Until recently, I was the president of my condominium association. However, certain unit owners were unhappy with the decisions I had made and pushed through a recall. While I do not dispute that they obtained recall agreements signed by a majority of the unit owners, they did so under false pretenses where they made […]
Read More“New HOA Fining Law Took Effect October 1” – News-Press
Q: You had previously written about some new changes that are coming up about how to handle fines in homeowners’ association. Can you give a brief summary of what we need to do? (M.J., via e-mail) A: Several new homeowners’ association laws became effective October 1, 2023. Included in the changes are new provisions in […]
Read More“New HOA Law Addresses Storage” – News-Press
Q: At a recent event I attended, someone mentioned a new rule that prohibits sheds on a single-family property in a HOA. I could not find any reference for that in your 2023 legislative reviews. It seems someone may have misunderstood or misinterpreted one of changes made. Can you please shed some light on this? […]
Read More“Voting Requirements After Merger Questioned” – News-Press
Q: In your previous column from 2022, it clearly addresses which documents control in the example of when a sub-association’s documents are stricter than the master. Which documents prevail in the following situation? My community had a master association and also four smaller sub-association. The sub association declarations have a 75 percent approval requirement by […]
Read More“Bar Program Designed to Resolve Fee Disputes Quickly” – Florida Bar News
A little research, and an updated fee agreement, could spare clients and attorneys a lot of time and expense, assures veteran Ft. Lauderdale attorney Steven B. Lesser. “One of the most uncomfortable issues we deal with as lawyers is when we have a fee dispute with a client,” Lesser said. Board certified in construction law, […]
Read More“Emergency Voting by E-mail Questioned” – News-Press
Q: I am on the board of my condominium association, and we are in the process of repairing our building following damage from Hurricane Ian last year. The board of directors must make numerous decisions regarding the reconstruction process. To facilitate the reconstruction, the board has been using an online system where each board member […]
Read More“Florida Anti-Mandate Law About Masks, Vaccinations Imperils Senior Communities” – The Palm Beach Post
In her Op-Ed, “Florida anti-mandate law about masks, vaccinations imperils senior communities” published in the August 25, 2023, Palm Beach Post, Becker Community Practice Group Shareholder Donna DiMaggio Berger weighs in on how a new Florida law effectively ties the hands of community associations that want to keep their common areas safe and open during […]
Read More“Where Is the Money Coming From?” – Florida Community Association Journal
With all the new laws, especially for buildings three stories in height or higher, along with reserve funding requirements, condominium living has just gotten a lot more expensive. With only one steady source of income, namely the assessments paid on a monthly or quarterly basis from unit owners, sometimes those funds are just not enough […]
Read More“Board Term Limits Questioned” – News-Press
Q: I recall that a few years ago there was a lot of discussion regarding term limits for board members. I have not heard anything about term limits recently and know that a number of board members in my community have served for a long time. What is the term limit for condominium association board […]
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