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 […]
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“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 MoreTort Immunity in New Jersey Community Associations
The word “immunity” can conjure up many feelings, especially after living through the past few years of COVID-19. This is somewhat ironic because a different type of immunity became a flashpoint for community associations during the pandemic – tort immunity. Tort immunity is a legal theory that provides, in certain circumstances, that a person or […]
Read MoreHoliday Decorations – Ho, Ho, Ho or Bah Humbug?
As the holiday season approaches, it is a good time for associations to consider its authority regarding outdoor holiday decorations. Every community is different, and opinions vary about when the holiday decorations should be put up and “how much” is “too much.” Some people want to start decorating for the holidays on November 1, while […]
Read MoreImplementing Condominium Restrictions
When faced with a reoccurring issue in a condominium, the Board of the Directors may want to consider implementing a restriction as a long term solution to the problem. For example, after increasing complaints of loud music at late hours, the Board of Directors may consider a restriction as to when and to what extent […]
Read MoreThe Effect of Section 720.3045, Florida Statute on Homeowner Association
Section 720.3045, Florida Statutes was created during the recent legislative session as part of House Bill 437. This section prevents associations from restricting the installation, display and storage of “any item” on a parcel that is not visible from the parcel’s frontage or an adjacent parcel, unless same are prohibited by general law or local […]
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 MoreDamage to Units
What if there is a leak in the unit; whose insurance covers the damage? There are usually three parties to this type of situation: 1) the owner who caused the leak; 2) the other owners damaged by the leak; and 3) the Association. All three parties should put their insurance carriers on notice. The Association […]
Read MoreTime for a Financial Check-Up
When did you last take a close look at your investment account statements, have a meaningful discussion with your financial advisor or broker, or reassess your investment goals and time horizon due to changing circumstances or major life events? These questions often slip our minds as we navigate our busy lives and process a constant […]
Read MoreWho May Run for the Board?
Can a non-owner be a Board member in a Condominium? Every year this question comes up in one form or another. In some cases, it is a spouse who is not on the deed who wants to be on the Board. In other cases, someone who is on the Board moves away but his/her term […]
Read MoreFiduciary Relationship and the Business Judgment Rule
Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association and to refrain from obtaining or accepting personal benefits at the expense of the association. […]
Read More2022 Hurricane Nicole Permit Extension Opportunity Extended Further
Property owners, developers, construction industry professionals, and other permit- and authorization-holders may have even more opportunities for further extensions due to Hurricane Nicole in 2022. The following provides an overview of the permit extensions available under law, including what gives rise to the extensions, the types of permits and authorizations that are covered, and how […]
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 […]
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