Q: What are the powers and duties of a condominium association in Florida regarding unit repair and reconstruction to treat mold after a hurricane? (L.N., via e-mail) A: Like many legal issues, “it depends.” Mold has been a scary word in association operations over the past couple of decades, primarily after a couple of large […]
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“Retroactive Application of Rules Explained” – News-Press
Q: My condominium association is considering implementing a new rule. They are unsure if the new rule can be applied retroactively to violators who broke the rule before it was enacted. If the board decides to enforce this rule, would they need to amend the bylaws, or can they implement and enforce this retroactively on […]
Read More“Meeting Motion Starts Fireworks” – News-Press
Q: At the recent annual meeting of our condominium association, the president asked at the end of the meeting if there was any “new business.” I raised my hand and made a motion to appoint a committee to audit the insurance income and expenditures from Hurricane Ian. The president told me she would take it […]
Read More“Ambiguities in ‘Condo 3.0’ and Potential Solutions” – FLCAJ Magazine
HB 1021, a substantial overhaul of the Florida Condominium Act commonly referred to as “Condo 3.0,” was signed by Governor Desantis and became effective July 1, 2024. While many of the changes to the Act were objectively necessary (such as the new heightened board member education requirements, the requirement of an association with more than […]
Read More“Conflict of Interest Laws and Your Condominium Association” – FCAP Managers Report
Amid rising costs and scrutiny of the operations of condominium associations across the state, your condominium association has likely placed an emphasis on doing business with people and companies it can trust. After all, wouldn’t you prefer that in your own business dealings? But what if these trusted people and companies have close ties to […]
Read More“Smoking Ban Raises Questions” – News-Press
Q: My condominium association board recently implemented a “no-smoking” policy after receiving numerous complaints about second-hand smoke. Several residents continue to smoke in their unit and on their balcony, insisting they have the right to do so in their own home. The situation is becoming increasingly contentious. While some residents support the policy, others are […]
Read More“’55 and Over’ Housing Explained” – News-Press
Q: I have a question on people moving into a “55 Plus Park” at age 55 or older. Can I later give the home to a younger relative with children? (G.A., via e-mail) A: The federal Fair Housing Amendments Act of 1988, which became effective in 1989, prohibits discrimination in the terms and conditions of housing based […]
Read MoreBecker’s Omar Franco Analyzes Implications of Donald Trump’s Regulatory Agenda in Iberian Lawyer Interview
In a recent interview with Iberian Lawyer, Omar Franco, Head of Becker’s Federal Lobbying Practice and Vice Chair of the Firm’s Government Law and Lobbying Practice, shared his insights on Donald Trump’s ambitious regulatory agenda as the former president prepares for a return to office. Drawing on his extensive experience in government relations and legislative affairs, Franco […]
Read MoreDonna DiMaggio Berger Explores Florida’s Condo Market Challenges in Sun Sentinel Op-Ed
Donna DiMaggio Berger, shareholder and Vice Chair of Becker’s Community Association Practice Group, authored an op-ed for the Sun Sentinel analyzing the transformative challenges and opportunities reshaping Florida’s condominium market. Berger examines the impact of recent legislative changes, including engineering and reserve funding mandates, highlighting the delicate balance between enhancing safety standards for multifamily housing […]
Read MoreYolanda Cash Jackson Featured in Florida Trend Business Magazine
As the year draws to a close, Florida Trend Magazine traditionally announces its coveted “Floridian of the Year.” This year, the publication also revisited its 2022 honoree, Becker shareholder Yolanda Cash Jackson, to highlight her continued accomplishments. Reflecting on 2024, Jackson described it as a year of “unexpected pleasures,” including a meaningful opportunity to serve as a professor […]
Read MoreBecker Litigation Team Spotlighted in Law360 for Groundbreaking Legal Strategy
Jim Mahon, a shareholder in Becker’s Business Litigation Practice, was featured in a Law360 article, for a unique argument in United States v. Lingat. The case challenges long-standing legal precedent of Klein conspiracy charges in tax cases. Instead of following the usual approach of comparing these charges to the Supreme Court’s limits on tax obstruction laws, […]
Read MoreBecker’s Claramargaret Groover featured on Housingwire.com
Becker’s Claramargaret Groover penned the article Can a Market Be Too Hot, which was published on Housingwire.com. Claramargaret delves into the challenges smaller developers face when larger developers enter already thriving markets. She explores whether a hot market can become “too hot” and offers expert perspectives on navigating competitive development landscapes. You can read the full article below […]
Read More“‘Single Family’ Use Restriction Questioned” – News-Press
Q: Our board is seeking clarification on the “single family” use restriction stated in our declaration of condominium. The term is not clearly defined in our documents, and we would like guidance on how to interpret this clause when evaluating our potential sales. (J.D., via e-mail) A: “Single family” use restrictions are common in the […]
Read More“Fining Notice Procedures Questioned” – News-Press
Q: I recently read your article about the recent amendments to the statute on fining in homeowners’ associations and have a question. Does the 14-day notice need to be sent by certified mail? (A.G., via e-mail) A: Section 720.305(2)(b) of the Florida Homeowners’ Association Act does not specifically mandate that the 14-day hearing notice be […]
Read MoreThe Three Key Elements of Properly Noticing a Special Assessment Meeting
Special assessments are becoming more and more common in community associations. As the frequency of special assessments increases, so does the possibility of delinquencies in payment of the special assessments. A crucial element of collection of a delinquent special assessment is proving that the special assessment was properly adopted at a properly noticed board meeting. […]
Read MoreBank Commitment Letter Pitfalls for Condominiums
When a condominium association is seeking to obtain a loan, too often the board is signing the Bank’s commitment letter before having that document reviewed by legal counsel. While some banks will permit the association to amend the commitment letter after the fact, through revisions to the loan documents, others will not permit that to […]
Read MoreThe Owner’s Account Is Already in Collections – Why Do I Have to Send a New Notice of Late Assessment for a New Special Assessment?
Community associations have become very familiar with the statutory requirement that a 30 day Notice of Late Assessment must be sent to an owner prior to turning the account over to an attorney for collections. However, confusion over the need to send a Notice of Late Assessment often arises when an association adopts a new […]
Read More“Random Meeting Musings” – FCAP Managers Report
As budget season is in full swing, and annual meetings / elections are just around the corner, I thought it a good time to review some basic meeting information that is very frequently not done properly. Let’s start with budget meetings. As you should be aware by now, there have been some significant changes to […]
Read More“Corporate Transparency Act Explained” – News-Press
Q: We recently received an e-mail from our management company regarding the filing requirements of the Corporate Transparency Act. This is the first I’ve ever heard of it. Can you explain what this is? (M.M., via e-mail) A: On January 1, 2021, Congress passed the Corporate Transparency Act (“CTA”). The CTA is intended to deter […]
Read More“State Regulation of HOA’s Limited” – News-Press
Q: What is the “DBPR” and does it have authority over homeowners’ associations? (C.S., via e-mail) A: The Florida Department of Business and Professional Regulation is an executive branch state agency in Florida. Its secretary is appointed by the Governor. The DBPR is responsible for licensing and regulating various businesses and professionals, through its various […]
Read More“Called to a Deposition or Court? Here Are a Few Tips” – Florida Planning Magazine
When a planner is called to serve as a witness, it is natural to be anxious. However, keeping in mind these tips and best practices will help you be better prepared and best convey evidence and testimony. Always keep orderly files. Do not wait to be called to a deposition or court to organize your […]
Read More“Remote Meeting Procedures Questioned” – News-Press
Q: Am I entitled to ask questions or speak at association meetings if I am attending remotely via an online platform? The application used by my condominium association does not provide a way to ask questions, and I am worried this might be against Florida Statutes. (J.D., via e-mail) A: It depends. Section 718.112(2)(c) of […]
Read More“Political Signs and Holiday Decorations in Community Associations” – Community Trends
With election and holiday season upon us, community association boards are typically tasked with the best way to promulgate rules and regulations concerning political signs and holiday decorations. Living in a pluralistic society can have its challenges. However, a lawful, well-crafted, objective, and non-discriminatory policy can help a community live harmoniously while respecting the beliefs […]
Read More“Board Vacancy Raises Questions” – News-Press
Q: A member of our condominium association board recently resigned, unexpectedly, part way through the first year of their two-year term. According to our bylaws, a board member appointed to fill a vacancy serves until the next scheduled election. Does the temporary replacement serve only until the next annual meeting, or can they fill out […]
Read MoreFire Sprinkler and ELSS Deadlines Extended by Florida Fire Prevention Code
For those of you who own a condominium unit in a high-rise building, you are keenly aware of the many changes through the years to the fire safety requirements for high-rise buildings. The Condominium Act, in Section 718.112(2)(n), Florida Statutes, currently states that all high-rise buildings had to retrofit with either a fire sprinkler system […]
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