This issue of CUP features a helpful guide for board members, information on new term limits, and tips to save money on your property taxes. Don’t miss our featured podcast episode, “Navigating Defamation Lawsuits and Non-Compete Clauses!” Employers are relying more and more on independent contractors instead of employees. While using independent contractors can have […]
Read MoreResults
“A ‘CliffsNotes’ Guide for New Condominium Board Members” – FCAP Managers Report
The election is over, and you have earned a coveted seat on your condominium association’s board of directors. Now what? This helpful guide will provide you with a “CliffsNotes” version of important things to remember as you embark on your journey as a director. What exactly does a member of the board of directors do? […]
Read MoreJennifer Biletnikoff Quoted on HOALeaders.com
What authority does an HOA Board have over residents who sound off on the community’s Facebook page? What about those who post inaccurate or incomplete information? Are board members allowed to attend violation hearings? What should be the appropriate response when condo/HOA owners request contract access? In the latest series of articles and questions from […]
Read More2024 Edition of The Best Lawyers in America Recognizes 34 Becker Attorneys
The 2024 edition of The Best Lawyers in America®, one of the oldest and most revered peer review publications, recognizes 34 Becker attorneys across the Firm’s practices. Our own Steven B. Lesser, was also recognized as Lawyer of the Year, a distinction based on the highest overall peer feedback for their specialty and location. Lesser […]
Read MoreCommunity Update – April 2023
The 2023 Legislative Session has brought significant changes to Community Associations. In this Community Update, we address new restrictions on design and construction defect claims as well as recent amendments to the Florida Fire Prevention Code. Don’t miss the latest podcast featuring Dr. Esber Andiroglu, Professor Harold R. Wanless, and Donna DiMaggio Berger on the […]
Read MoreCommunity Update – March 2023
This month, we shine a spotlight on potential issues for community associations. From developer turnover to litigation to new laws regarding emotional support animals, we provide practical guidance to help steer you and your community in the right direction. Holding political events are afforded a limited degree of protection under the Florida Condominium Act. Marty […]
Read MoreCommunity Update – February 2023
Spring is the season of new beginnings and a reminder of how nice change can be. This month, we spotlight timely issues and provide guidance for you and your community to move forward. Our featured articles explore various topics from condo safety regulations and hurricane repairs to combatting growing hate crimes inside community associations. Also featured this month is the board […]
Read MoreDirector Elections in HOAs (i.e. Welcome to the Wild, Wild West)
An increasing number of homeowners’ associations are adopting a two-notice, advance-nomination process for electing directors, similar to the election procedures statutorily dictated for condominium associations. Yet with many HOAs still operating with governing documents drafted by the developer, it is not uncommon to hear about situations where an association is running its condo-like election based […]
Read MoreCommunity Update – October 2022
Becker is deeply saddened by the devastation caused by Hurricane Ian. Ian has taken lives, destroyed homes and property, and ravaged entire infrastructure systems of towns and cities. As we turn our eyes to recovery, Becker is hosting a webinar on Wednesday, November 9 at 12:00 PM EST to review important information on how to […]
Read MoreEnforcing the Rules and Regulations in Your Community: All Actions Have Consequences. How Prepared Are You to Enforce Them?
Whether you live in a condominium, cooperative, or homeowners’ association, owners and their guests, tenants and invitees are bound by the association’s governing documents, which may include the declaration, articles of incorporation, and bylaws, and any rules and regulations. Prospective owners and tenants must understand what is required of them under these documents as they […]
Read MoreOptions for Dispute Resolution in Condominium Associations
On July 1, 2021, changes to Florida law opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through presuit mediation. Previously, certain disputes between condominium associations and unit owners (or cooperatives and unit owners) were required to be submitted to arbitration through the […]
Read More“Association Voting in the Electronic Age” – News-Press
Q: I serve on the Board of a very large condominium association. Getting unit owners to return proxies and ballots is difficult (to say the least), making it almost impossible to get voting items to pass. Oftentimes, we have a hard time even getting a quorum. With so many people being accustomed to “Zoom” meetings, […]
Read MoreCommunity Update – September 2022
At Becker, we stand with our fellow Floridians, particularly those on the west coast who experienced the wrath of Hurricane Ian. As we turn our eye to recovery, we are here to help. Electronic voting offers a convenient method for casting your “ballot”. How can you bring electronic voting into your community? Jennifer Biletnikoff discusses […]
Read MoreElectronic Voting in Community Associations Are the Days of Paper Ballots and In-Person Meetings a Thing of the Past?
Before the 2020 pandemic, annual membership meetings were a time for owners to get together and discuss community issues while anxiously awaiting for election ballots to be counted. However, COVID-19 changed the manner in which association meetings were held. With restrictions on large group gatherings and strict quarantine requirements, many associations limited in-person attendance, requiring […]
Read MoreQuestions Linger Regarding the New Law Addressing Building Safety
Q: I read the articles summarizing the new law that addresses building safety for certain condominiums. In my condominium association, the owners are responsible for their windows, not the association. However, if I understand it correctly, the new law requires the association to reserve for window replacement. How will this requirement work in a community […]
Read More2023 Edition of The Best Lawyers in America Recognizes 33 Becker Attorneys
The 2023 edition of The Best Lawyers in America®, one of the oldest and most revered peer review publications, honors 33 Becker attorneys across the Firm’s practices. Two Becker attorneys, Joseph Adams and Sanjay Kurian, were also recognized as Lawyer of the Year, a distinction that comes with the highest overall peer feedback for their […]
Read MoreCommunity Update – July 2022
On July 1, 2021, changes to Florida law opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through pre-suit mediation. Learn more about what this means in our featured article, “Options for Dispute Resolution in Condominium Associations.” Also, did you know that Becker’s Mediation […]
Read MoreOptions for Dispute Resolution in Condominium Associations
On July 1, 2021, changes to Florida law opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through presuit mediation. Previously, certain disputes between condominium associations and unit owners (or cooperatives and unit owners) were required to be submitted to arbitration through the […]
Read More“Hope for the Best; Prepare for the Worst: Preparing for the 2022 Hurricane Season” – Naples Daily News
Q: My condominium association just sent all owners a copy of a hurricane plan that lists the actions the association will take if our area is impacted by a hurricane watch or warning. If the association is responsible for protecting the condominium building, what should I do to prepare my Unit for a possible storm? […]
Read MoreCommunity Update – May 2022
Hurricane season is here. Time to get ready, and then stay ready. Also check out the Question of the Month to see what impact COVID and Zoom calls have had on board meetings, our deep dive into how the Real Housewives handle their taxes, and a tidy summary of how Florida’s 2022 legislative session will affect Community Associations. The big news this […]
Read MoreThe Worst Storm Is the Storm You Didn’t Prepare For
Community Update – April 2022
In this edition of the Community Update, we address transparency in condominium and homeowners’ associations’, issues associated with alcohol consumption on association property, what associations can and cannot do about solar panels, and even how the Constitution applies to private community associations. Many condominium and homeowners’ associations’ activities are required to have a certain amount […]
Read More“Director Compensation: Do I Get Paid for This?” – Naples Daily News
Q: I am considering running for the board of my condominium association. However, there is a lot of work involved in being on the Board. It can be a thankless position, which discourages many owners from volunteering. Can we compensate the members of the board as a way to encourage people to serve? (T.B. via […]
Read More“Financial Management and Planning is Key to a Healthy Condominium Association” – FLCAJ Magazine
We have all heard the old adage, “Don’t judge a book by its cover.” The same is true when it comes to condominium associations—you cannot judge the “health” of a condominium association by its polished marble floors or its breathtaking gulf shore views. The true lifeline of a condominium association comes from successful financial planning, […]
Read More“Legislative Changes Opens the Door to New Options for Resolving ‘Disputes’ In Condominium and Cooperative Associations” – CAI South Gulf Coast Magazine
Earlier this year, the Florida legislature passed changes to Florida’s Condominium Act (Chapter 718) the Cooperative Act (Chapter 719), and the Homeowners Association Act (Chapter 720), Florida Statute. These amendments went into effect on July 1, 2021 and opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit […]
Read MoreWebinar: How to Enforce Your Documents
In this webinar, we will discuss options available to community associations seeking to enforce their governing documents and defenses commonly raised by homeowners opposing actions by the association. There will also be a discussion regarding the recent changes to Florida Statutes and considerations for associations when pursuing different remedies. Topics include: Changes to Florida Statutes […]
Read More“Sweeping New Association Law Takes Effect in Florida,” Community Association Management Insider
A far-reaching new piece of legislation targeting community associations took effect in Florida on July 1, 2021. “It’s a mixed bag,” says Donna DiMaggio Berger, a shareholder in the Ft. Lauderdale, Fla., office of Becker & Poliakoff. “There’s some good stuff and some not so good stuff.” Good or bad, though, Berger says “there are […]
Read More“Hold Up: 5 Areas to Negotiate on Elevator Maintenance Contracts,” Community Association Management Insider
Properly operating elevators rank near the top of the most important — and most visible —equipment in a community association. Yet some communities sign standard service contracts without giving the terms much thought. “One of the biggest mistakes across the board with associations is not having a lawyer look over the elevator contracts,” says Jennifer […]
Read MoreSPOTLIGHT: Jennifer Horan, Community Association Law
In celebration of Women’s History Month, Becker showcases the inspiration, philosophies, and expertise of the women attorneys and lobbyists who help elevate our firm and client service. Jennifer Horan concentrates her legal practice on the law of community associations, primarily representing condominium, cooperative, mobile home and homeowners’ associations. She has particular litigation experience in covenant […]
Read MoreIN THE MEDIA: Jennifer Horan
Jennifer Horan has spent over twelve years addressing and resolving a myriad of issues facing community, condo, and homeowners’ associations. Below is a collection of her insights regarding association board roles and responsibilities, managing disputes, COVID-19 health and safety protocols and enforcement, and more. BOARD ROLES & RESPONSIBILITIES What to Know About Spouses Running for […]
Read MoreCOVID-19 Vaccine Distribution Presents New Challenges for Boards and Their Management Professionals
The unprecedented challenges of this year have been difficult for us all. These challenges are magnified for volunteer board members having to make hard decisions which impact not only themselves, but their family, friends, and neighbors. As we turn to a new year, exciting news of advancements and wider distribution of COVID-19 vaccines appear on […]
Read More“Short-Term Rental Developments: Profits Not Necessary to Violate Residential Use Covenant,” Community Association Management Insider
Short-term rental arrangements continue to plague community associations, with owners and powerful lobbying groups for companies like Airbnb constantly devising new tactics for avoiding restrictions. “With Airbnb and those platforms becoming such a huge percentage of rentals,” says Jennifer Horan, a shareholder in the Naples, Fla., office of Becker & Poliakoff, “we’re going to see […]
Read MoreCommunity Update – October 2020
The 2020 Legislative Guide is here! Florida’s 2020 Session produced a bevy of newly passed community association legislation including the long-awaited criminalization of fraudulent emotional support animal requests. New laws regarding registration requirements for “55 and over” communities, rights for HOA residents to use fireworks on the 4th of July, and housing discrimination laws were […]
Read More“Court Finds Short-Term Rentals Violate Deed Restriction,” Community Association Management Insider
The current economic climate combined with COVID-related migration has many homeowners exploring the revenue generating options of their properties, which can put them at odds with a community association’s mission to cultivate residential harmony and lead to legal proceedings. Becker Shareholder Jennifer Horan strongly advocates for a careful examination of association restrictions before moving forward […]
Read MoreCommunity Update – September 2020
Can you believe it’s autumn already? National and local elections are fast approaching and the chatter about whether or not political signs should be permitted in private residential communities is building. We delve into this issue as well as discuss how to keep your HOA director elections, which are also on the horizon, from turning […]
Read MoreDirector Elections in HOAs (i.e. Welcome to the Wild, Wild West)
An increasing number of homeowners’ associations are adopting a two-notice, advance-nomination process for electing directors, similar to the election procedures statutorily dictated for condominium associations. Yet with many HOAs still operating with governing documents drafted by the developer, it is not uncommon to hear about situations where an association is running its condo-like election based […]
Read More“What’s New in Rules and Restrictions,” Community Association Management Insider
Shareholder Jennifer Horan weighs in on amending community association governing documents to include restrictions on the use of surveillance cameras. “The Ring doorbell has been a huge issue because the span [of the captured images] is so far that they can really see everything. Especially in connected homes, where you may share a driveway, people […]
Read MoreCommunity Update – August 2020
Have you heard the news? We’re thrilled to announce the launch of Association Adjusting, the one and only public adjusting company that exclusively serves community associations throughout Florida. Association Adjusting is a licensed and insured public adjusting firm led by Joseph “Joe” Connelly, an advocate for insurance consumers for more than a decade. We hope […]
Read MoreIs Second-Hand Smoke Leaving a Bad Taste in Your Mouth?
Long gone are the days when you would be greeted at a restaurant with the question; “Smoking or non-smoking?” Frequent flyers can no longer light up on flight.
Read More“Someone is Sick: Now What?,” Community Association Management Insider
What do you do when one of your community association members is diagnosed with the coronavirus (COVID-19)? Becker Shareholder Jennifer Horan reminds board members to exercise caution when considering privacy rights of residents, while also being transparent. “I tell my boards in condo associations that they don’t necessarily have the duty to inform the owners […]
Read MoreCommunity Update – December 2019
As 2019 comes to a close, we look back at a selection of our most popular Community Update articles. Read on for a refresher on special assessments, juggling both your official association communications with your personal information, and speeding issues in your community. Also, we feature our top read article from our new Spanish feature […]
Read MoreSlow Your Roll: How to Address Speeding Issues in Your Association
Speeding is a big problem for many community associations — a problem that is not always easily addressed or corrected. How can your board slow the speed of traffic in your community? If your association does not currently have traffic rules, you may be able to rely on a nuisance provision in your Declaration. Alternatively, […]
Read More“Associations Confront the Continuing Challenge of Short-Term Rentals,” Community Association Management Insider
Short-term rentals are this season’s hot topic. Many communities are wondering what they can do to overcome the challenge of having things like Airbnbs pop up in their neighborhood. There are ways that homeowners associations can impose regulations and restrictions on short-term rentals, without legislation having to pass. “A majority of my associations have leasing […]
Read More25 Becker Attorneys Board Certified in Condominium and Planned Development Law
Becker’s Community Association practice group has been an industry leader since we opened our doors in 1973. Today, we’re proud to announce that we have the largest, dedicated team of Board Certified attorneys in Condominium and Planned Development Law in the state of Florida. Board certification demands rigorous testing and is in recognition of […]
Read MoreEight Becker Attorneys Newly Board Certified in Condominium & Planned Development Law
June 3, 2019 – Ft. Lauderdale, FL – We are pleased to announce that eight Becker attorneys are newly minted as Florida Bar Board Certified in Condominium & Planned Development Law. The specialty encompasses the practice of law that involves representing community associations and their members, property owners, sellers, purchasers, developers, lenders, governmental agencies, and […]
Read MoreCommunity Update – April 2019
As most everyone knows, volunteering to serve on your community’s board can oftentimes be a thankless job. This month, we break down some of the rights and responsibilities that the position holds. In our featured article, “Can an Association Be Held Liable for Discriminatory Conduct of Residents?” we explore some of the questions that arise […]
Read MoreCommunity Update – February 2019
This month’s update is all about lowering your risk profile. Read on for a playbook of best practices and procedures that your association should be aware of when dealing with difficult situations such as tenant enforcement actions, insurance company lawsuits, sexual harassment claims, and more. Our featured article, Enforcement Tool Belt – Fining and Suspension, […]
Read MoreEnforcement Tool Belt – Fining/Suspension
In the proverbial “tool belt” of enforcement options available to an association for violations of the rules and regulations, the imposition of fines and suspensions is one that we frequently get questions about due to the procedures that must be followed. If the process is not followed properly, it may result in invalidation of the […]
Read MoreCommunity Update – September 2018
Of course it doesn’t feel like it in Florida but autumn is officially here, which means before you know it breathing outdoors will be possible again. This of course means more and more comfortable time outdoors, more residents back to living in your association and with it all – more risk. That’s why in this […]
Read MoreCharging the Way: New Law Opens the Door for Electric Charging Stations in Condominiums
A recent amendment to Chapter 718, Florida’s Condominium Act, facilitates a unit owner’s ability to install and use an electric-vehicle charging station within their condominium. Section 718.113(8), Florida Statutes, which took effect on July 1, 2018, created a new provision stating that a declaration of a condominium or the board of administration of a condominium […]
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