In honor of Women’s History Month, Becker is celebrating the incredible women attorneys and lobbyists whose expertise, leadership, and dedication elevate both our firm and the clients we serve. This year, we’re proud to highlight the achievements of longstanding women team members across various departments, recognizing their impact and contributions over the years. Jennifer Bales […]
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“HOA Board Education Requirements Questioned” – News-Press
Q: Can you provide an overview of the new law on education requirements for board members of a homeowners’ association? (G.A., via e-mail) A: Section 720.3033(1), of the Florida Homeowners’ Association Act is very poorly written and is difficult to comprehend. The law requires the Florida Department of Business and Professional Regulation to adopt administrative […]
Read MoreWomen’s History Month–Meet the Women of Becker: Marilyn Fong
In honor of Women’s History Month, Becker is celebrating the incredible women whose expertise, leadership, and dedication elevate both our firm and the clients we serve. This year, we’re proud to highlight the achievements of longstanding women team members across various departments, recognizing their impact and contributions over the years. Marilyn Fong has served as […]
Read More“Corporate Transparency Act Saga Continues” – News-Press
On March 2, 2025, the United States Department of Treasury issued the following press release: “The Treasury Department is announcing today that, with respect to the Corporate Transparency Act, not only will it not enforce any penalties or fines associated with the beneficial ownership information reporting rule under the existing regulatory deadlines, but it will […]
Read More“Regulating Short Term Rentals in Condominiums” – FCAP Managers Report
It seems that the surge of tourism that Florida saw during COVID 19 is here to stay and with it, a surge of short term rentals in your Condominium Association. Given that short term rentals can significantly increase the traffic, noise, and liabilities your Condominium Association deals with on a daily basis, your Condominium Association […]
Read MoreWomen’s History Month–Meet the Women of Becker: Jane Cornett
In honor of Women’s History Month, Becker is celebrating the incredible women attorneys and lobbyists whose expertise, leadership, and dedication elevate both our firm and the clients we serve. This year, we’re proud to highlight the achievements of longstanding women team members across various departments, recognizing their impact and contributions over the years. Jane Cornett […]
Read More“Litigation Threats by Unit Owner Unsettling” – News-Press
Q: How can condominium associations handle a unit owner who frequently threatens lawsuits against the association and its board members, especially when these actions seem frivolous and disrupt our ability to manage the community? (S.M., via e-mail) A: Florida’s courts have called condominium associations “democratic sub-societies.” Democracy is messy. While many issues can become controversial, […]
Read More“Hoarding in Community Associations” – FLCAJ Magazine
Community association managers and board members often find themselves dealing with the mental illness of a resident, especially if the resident has no family members nearby. Florida sometimes becomes a place where families leave other family members and ignore them. By default, community associations are forced to deal with the situation. It is a fine […]
Read MoreWomen’s History Month–Meet the Women of Becker: Mabel Alamina
In honor of Women’s History Month, Becker is celebrating the incredible women attorneys and lobbyists whose expertise, leadership, and dedication elevate both our firm and the clients we serve. This year, we’re proud to highlight the achievements of longstanding women team members across various departments, recognizing their impact and contributions over the years. Mabel Alamina […]
Read More“Condominium ‘Alternative Dispute Resolution’ Explained” – News-Press
Q: What is “ADR?” Our condominium association is currently involved in a legal dispute and has been told we “have to go through ADR” before we can go to court.” (J.D., via e-mail) A: “ADR” is an acronym used for alternative dispute resolution. The two prevailing forms of ADR are arbitration and mediation. In arbitration, […]
Read MoreYes, Estoppel Letters are Addressed by Statute
With so many other subjects related to condominium and homeowners’ associations consuming so much bandwidth these days, it was not surprising to learn that a community association client of mine was not aware that the Florida Statutes address in detail association estoppel letters. If your association’s board or directors or property manager has been completing […]
Read MoreHoarding in Community Associations
Community association managers and board members often find themselves dealing with the mental illness of a resident; especially if the resident has no family members willing to help. Hoarding has especially grown in prevalence in community associations. Many associations find themselves wondering how to deal with a hoarder or suspected hoarder.
Read MoreNow Is the Time to Adopt Hurricane Protection Specifications
In a few short months, the 2025 hurricane season will be upon us, and it is important to start planning ahead. For many years, the Condominium Act provided that each board of a residential condominium was required to adopt hurricane “shutter” specifications including color, style, and other factors deemed relevant by the board. The Homeowners’ […]
Read More“Rules and Regulation” – FCAP Managers Report
Most condominium, cooperative and homeowner association documents provide the Association with the power to adopt (or you may see the term “promulgate”) rules and regulations. This article will discuss some of the various trips and traps for you to avoid regarding same. The first thing to look for is whether the power is to adopt rules […]
Read More“Information Is Key” – FLCAJ Magazine
It can be difficult to keep up with the seemingly never-ending stream of information nowadays. This is especially true if you are joining your condominium’s board of directors for the first time. Given all the new laws and new requirements that have been brought about these last few years with amendments to the laws governing condominiums and […]
Read More“Condo Voting Terminology Explained” – News-Press
Q: Can you provide clarification on what constitutes a “quorum” of condominium unit owners. We sometimes struggle to distinguish between a majority of owners and a quorum. Could you explain how voting interests relate to quorum requirements? (J.D., via e-mail) A: Although the terms are often used loosely, even by attorneys, it is important to […]
Read More“Conflict of Interest Laws Explained” – News-Press
Q: What constitutes a conflict of interest for a board member in their role of representing and making decisions on behalf of the condominium association? (S.W., via e-mail) A: Section 718.3027 of the Florida Condominium Act states that a director, officer, or relative of either to enter into a contract for goods or services with […]
Read More“Enforcement Consistency Issues Explored” – News-Press
Q: I am on the board of a 54 home HOA. One of the owners has basically all plants in his front yard. That has been that way since I moved into the community 14 years ago. I don’t believe anyone gave him permission to do that but apparently the board at the time turned […]
Read More“Ideal Board Composition Questioned” – News-Press
Q: During our recent condominium association board meeting, we received questions about how the number of board members impacts our effectiveness. Is having an odd number of members important to avoid tie votes? And, does having an even number, whether due to vacancies or not, create challenges for decision-making? (S.W., via e-mail) A: Section 718.112(2)(a) […]
Read MoreThe End of Chevron: Becker’s Jon Polenberg Explores What SCOTUS Ruling Means for the new Department of Government Efficiency (DOGE)
Jon Polenberg, Shareholder and Vice Chair of Becker’s Business Litigation Practice Group, authored this article in Kiplinger, which examines how the Supreme Court’s decision last year to overturn the Chevron doctrine, could impact the new Department of Government Efficiency (DOGE). The article explores the potential implications for industries, businesses, and government agencies, as well as […]
Read MoreCondominium Termination: Don’t Let the End Catch You by Surprise
We all know how condominiums begin—with renderings, design and finishing selections, friendly sales agents, and, of course, so many documents. However, once a condominium becomes an aging project, particularly one rife with escalating maintenance needs and expenses, it is worth considering how the condominium may be terminated.
Read MoreCan 55+ Communities Avoid Compliance With Federal Laws Which Prohibit Age and Familial Status Discrimination?
In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering that their various rules regulating or prohibiting youngsters’ use of the association’s facilities may run […]
Read MorePerils and Pitfalls of Social Media in Community Associations
Social media has transformed the way people communicate. In restaurants you can look around and see people “dining together” while on their cell phone. I was at a movie theater this weekend and even noticed the white glow of cell phone screens lighting up during the film. Social media, which provides an instantaneous platform to […]
Read More“Facilitating Community Participation via Electronic Voting” – FCAP Managers Report
In many community associations, voter apathy is a real issue with members not returning proxies and not attending meetings. This does not only impact elections, but also other membership votes, such as amending the governing documents and voting on material alterations. Simplifying the voting process for owners can go a long way to facilitating membership participation in […]
Read More“Budgeting Challenges” – FLCAJ Magazine
Come gather ‘round people Wherever you roam And admit that the waters Around you have grown And accept it that soon You’ll be drenched to the bone If your time to you is worth savin’ And you better start swimmin’ or you’ll sink like a stone For the times they are a-changin’ “The Times They […]
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