Q: Is a homeowners’ association permitted to adopt amendments changing the leasing rights of owners in the community? I was recently told that the statute was changed, and rental restriction amendments are no longer permitted. Is this correct? (W.K., via e-mail) A: Not exactly. Chapter 720 of the Florida Statutes is called the Florida Homeowners’ […]
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“Association Borrowing Questioned” – News-Press
Q: The board of directors of my condominium association has been discussing taking out a loan to pay for major repairs to our condominium building. To my knowledge, our association has never borrowed money before. It seems to me that for such a serious undertaking, a vote of our owners should be required. Is a […]
Read More“Ranking Organizations Should Consider Board Certification as a Factor When Rating Lawyers in Practice Areas” – The Florida Bar News & Journal
For decades, established organizations such as Chambers and Partners, Best Lawyers, Super Lawyers, Martindale-Hubbell, Avvo, and others have ranked lawyers in specialty areas after performing research, soliciting peer review, interviewing with potential lawyer candidates and in some instances speaking to their clients. At the same time, other organizations provide lawyer rankings but not necessarily based […]
Read More“Insurance Proceeds Should Be Bonded” – News-Press
Q: My condominium association is in the process of renewing its insurance policies and our insurance agent advised that we needed a fidelity bond policy with a higher limit for the coming year because of the insurance proceeds the association received following Hurricane Ian. Why would we need higher limits on our fidelity bond? (W.K, […]
Read More“Protecting The Financial Well-Being Of Your Association” – Florida Community Association Journal
The financial well-being of any association is based on the proper adoption and collection of assessments. Assessments are the lifeblood of the community and how an association pays for the maintenance and upkeep of the community. Without proper adoption and collection of assessments, communities can fall into disarray and struggle to provide services to their […]
Read More“So, You Received a Written Inquiry” – FCAP Managers Report
So, your community association received correspondence that requests answers to certain questions. You may have just received what is also referred to as a “written inquiry.” What to do? First and foremost, you should always ensure that the Board of Directors and legal counsel of your community association are promptly advised of the receipt of […]
Read More“Boards Cannot Vote By E-Mail” – News-Press
Q: Can the board of an association conduct business by e-mail vote between meetings, and then ratify the votes at the next board meeting? (A.Z., via e-mail) A: No. Section 718.112(2)(c) of the Florida Condominium Act and Section 720.303(2)(a) of the Florida Homeowners’ Association Act, both state that directors may communicate with each other regarding […]
Read More“2023 Legislative Review Part 4” – News-Press
This week we conclude our review of relevant legislation from the 2023 Legislative Session. Previously we reviewed the bills that directly impact community associations through amendments to the community association’s statutes, including Chapter 718, the Florida Condominium Act and Chapter 720, the Florida Homeowners’ Association Act. This week we review legislative changes to other statutory […]
Read More“The Cheshire Cat and Insurance Carriers” – Today’s General Counsel
The Cheshire Cat, a character created by Lewis Carol in Alice’s Adventures in Wonderland, would allure by his looks, confuse or annoy those who encountered him with complex philosophical points, then disappear into thin air. After the Cheshire Cat receives a death sentence, it makes all but its head disappear, thus sparking debate about whether […]
Read More“2023 Legislative Review Part 3” – News-Press
This week we continue our review of the legislative changes concerning community associations. In our last column, we were reviewing the changes to Chapter 720, Florida Statutes in HB 919, the Homeowners’ Association Bill of Rights. In this column, we will finish our review of HB 919 and review HB 437 concerning the display of […]
Read More“2023 Legislative Review Part 2” – News-Press
In continuing with our overview of the legislative changes from the 2023 legislative session which impact community associations, this week’s column will review HB 919, titled as the “Homeowners’ Association Bill of Rights.” HB 919 was approved by the Governor on June 12, 2023, and becomes effective on October 1, 2023. HB 919 only applies […]
Read More“Application of New Section 768.0701, Florida Statutes, Regarding Multifamily Property Safety to Condominium Associations” – FCAP Managers Report
Every year community associations watch for legislative changes to the general statutes that govern community associations, including Chapter 718, Florida Statutes, for Condominium Associations; Chapter 719, Florida Statutes, for Cooperative Associations; and Chapter 720, Florida Statutes, for Homeowners’ Associations. However, changes to other parts of the Florida Statutes can have important, substantive effects on community […]
Read More“2023 Legislative Review Part 1” – News-Press
This week we will start our annual review of the legislative changes that impact community associations. On May 25, 2023, this column summarized SB 154, the “glitch bill” regarding structural inspections and reserves. SB 154 was signed by the Governing and is now effective. That column can be reviewed at https://beckerlawyers.com/reserve-and-inspection-laws-changed-news-press/. There are several other […]
Read More“Electronic Meetings and Voting Explained” – News-Press
Q: Can members of a condominium association vote electronically/remotely and can they be given their notices by e-mail? (K.R., via e-mail) A. Yes. As these terms are often confused, there are several distinct procedures that are often asked about: Electronic Voting (or “E-Voting”) Electronic Notice (or “E-Notice”) Remote Participation Absentee Voting E-Voting is where someone […]
Read More“In Leonardo’s Footsteps: Technical Workers, Collective Bargaining and Multiemployer Benefit Plans” – Employee Benefit Plan Review
In recent months it seems as though nearly every day another round of technical worker layoffs makes headlines, forcing workers and the industry at large to question the stability of what had previously been considered a professional occupation immune from involuntary job loss. At the same time, employers in a wide variety of other situations […]
Read More“Searching With My Good Eye Closed: Addressing Mental Illness in Community Associations ” – Community Trends
On December 19, 2022, a 73-year-old resident of a condominium in Toronto, Canada shot and killed five people — including three members of the association board — allegedly over a long-running dispute with the association. According to the police reports and court documents, the resident had for a significant time claimed that vibrations and emissions […]
Read More“Board Eligibility Set By Documents” – News-Press
Q: Can a spouse of a unit owner, who is not a co-owner of the condominium unit, serve on the board of directors for a condominium association (P.H., via e-mail)? A: It depends on the provisions of your condominium documents. Section 718.112 of the Florida Condominium Act defines the term “candidate” as an “eligible person” […]
Read More“Board Asks What It Can Do About Late Payments” – News-Press
Q: We have a condominium unit owner who has not paid dues in over a year. We would like to suspend their legal rights until they are paid up. May we do this? (M.L., via e-mail) A: Section 718.303(4)of the Florida Condominium Act (the “Act”) provides that where a unit owner is more than 90 […]
Read More“Submitting an SBA Loan Application” – Florida Community Association Journal
In recent years, when the federal government has offered assistance to Florida community associations, it has primarily done so through the availability of U.S. Small Business Administration (SBA) loans. In response to natural disasters such as Hurricane Ian (2022), SBA loans have been made available to repair and replace disaster-damaged property (physical disaster loans) as […]
Read More“Lessons Learned from Past Hurricanes” – FCAP Managers Report
In 2004 the east coast of Florida was struck in very short order by two significant hurricanes, Frances and Jeanne. While we learned many, many lessons from those hurricanes, one of the problems that we faced, over which we had limited control, was the issue of communication. While many clients did not have up-to-date email […]
Read More“Simplifying Official Records Inspections for both the Association and the Owners” – FCAP Managers Report
Condominium associations, cooperatives, and homeowners’ associations are all required to maintain and make available to owners official records of the association. The respective statutes governing each type of association contain a list of records that must be maintained by the association, as well as a catch-all provision for “all other written records of the association.” […]
Read More“Reserve and Inspection Laws Changed” – News-Press
Consisting of what I would categorize as relatively minor changes to the sweeping building inspection and reserve laws enacted in 2022, here is a look at Senate Bill 154, which will become law upon signature by the Governor: Inspection Deadlines: The relevance of proximity to the coastline has been removed from the law as a […]
Read More“Minutes Must Be Kept Permanently” – News-Press
Q: How long must a 50-year-old condominium retain the minutes of the board of directors’ meetings? (K.B., via e-mail) A: Section 718.111(12)(a) and (b) of the Florida Condominium Act requires that the minutes of all meetings of the condominium association, including meetings of the unit owners and meetings of the board of directors, be permanently […]
Read More“Can the Directors and Members of Your Community Association Meet and Vote Remotely?” – FCAP Managers Report
During the COVID-19 pandemic, people and businesses alike struggled to meet, organize, and otherwise conduct business in person due to quarantine measures and social distancing policies. In light of these challenges, in 2021, the Florida Legislature enacted laws to make clear that, during a state of emergency, condominium, cooperatives, and homeowners’ associations are authorized to […]
Read More“Managing Your Personnel: Five Lessons That You Don’t Want to Learn the Hard Way” – Florida Community Association Journal
Shareholder, Jamie Dokovna writes about the challenges that ensue when managing personnel by highlighting five important lessons: Lesson One – Hire the right people Lesson Two – Have policies and enforce them Lesson Three – Be flexible when necessary Lesson Four – The tools you have aren’t any good if you don’t use them Lesson […]
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