In most county and city governments, the land use process is one that will allow for some basic decisions to be made at staff levels, with higher levels of review in the form of public hearings required for larger scale projects, or proposals that deviate too far from the established standards for a given development. […]
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No Cooling Off Period Required After Failed Amendment
Q: My condominium association recently voted on proposed amendments to our documents. The amendments did not pass and now the board is stating they plan on scheduling a new vote on the amendments again. Can they do this? Doesn’t the Association have to…
Read MoreAirbnb and Your Community – A Survey and Chance to WIN $100
As many of you may know, SB 824 sponsored by Senator Diaz, would have made it much more difficult if not impossible for your private residential community to restrict or prohibit short-term rental activity on internet platforms like Airbnb. While that …
Read MoreOwners Can Record Meetings; Free Speech Rights Unclear
Q: I recently agreed to serve on the board of my condominium association. There is one owner who comes to many of the board meetings and sits in the front row with his phone device pointed at the head table. I assume he is recording the meetings, which…
Read MoreAttorney Spotlight: Philip C. Rosen
This month’s Attorney Spotlight introduces you to the Chair of Becker’s Real Estate Practice Group, Philip C. Rosen.
His practice is focused on commercial and residential real estate matters and business transactions. With more than 16 year…
Audit Requirements Depend On Revenue
Q: I recently asked to inspect the financial records of my homeowners’ association. As part of that inspection I discovered that the association has not had an audit for at least the last seven years. When questioned, the treasurer stated that the asso…
Read MoreLee County Wants To Speed Up Hurricane Cleanup
Q: Lee County has information for homeowners’ association leaders. Professional property managers and residential community associations can now take steps to protect their communities in the event of a hurricane or other declared major disaster in Lee…
Read MoreCan You Lose Your Escrow Deposit Because Your Buyer’s Agent or Lender is Not Diligent?
In 2017, the Florida Bar and Florida Realtors made significant changes to the “As-Is” Residential Contract for Purchase and Sale and the FAR/BAR Standard Contract. One of the biggest and more controversial of the changes was the replacement of the phrase “loan commitment” with “loan approval,” and the duties such change imposed on any prospective […]
Read MoreDirectors Voting – Dispelling Myths
Every director who sits on the board of a homeowners association gets a voice in the operations of the association. The questions I receive are more about how that voice is exercised through a vote. For instance, some directors travel quite a bit, whether for work or play is irrelevant. The directors however are entitled […]
Read MoreSpecial Assessments in Condo
Special assessments happen. The unfortunate reality is that during the life of a condominium building some unexpected expenses are going to arise and the association must take steps to fulfill its obligations to the membership. If the operating budget cannot handle these expenses, and there is not a funded reserve account which can dray the […]
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