Hurricane season is here. It’s time to get ready, and then stay ready. This issue of CUP also addresses the do’s and don’ts of association committees, estoppel certificates, and association contracts. Don’t miss our featured article on the Corporate Transparency Act (CTA) and beware of the recently issued scam alert Two of the bills signed […]
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Does a Condominium Have a 115% Cap on Increasing Assessments?
The increase in costs, especially insurance premiums, have been difficult for condominium associations in the past couple of years. I have been asked on many occasions if there is a cap on increasing the budget by more than 115% from the previous year.
Read MoreCommunity Update – March 2024
March marks the beginning of Spring and with a new season comes new opportunities. This issue of CUP will help your community association navigate elections and voting, insurance claims, and enforcement fines. Also featured this month are a few of the bills sent to the Governor for action following the 2024 Legislative Session. Don’t miss […]
Read MoreDoes a Condominium Have to Put Insurance in the Annual Budget?
I have been asked on a few occasions whether an association has to put insurance in the annual budget or whether it can just wait to determine the amount of the insurance, and specially assess for the same (without a line-item in the annual budget). Insurance costs have doubled, tripled or even quadrupled in the […]
Read MoreCommunity Update – December 2023
A new year means new goals! As we turn the corner into 2024, this issue of CUP spotlights helpful tips so your community association can start the year off right. This includes adoption of the annual budget, a review of new legislation, and the responsibilities of residents in communal situations. Don’t miss our featured podcast […]
Read MoreCommunity Update – July 2023
The 2023 Legislative Session brought significant changes for community associations in Florida. In this issue, we aim to provide you with a thorough review and understanding of these new laws. From multifamily property safety to the preparation and response of natural disasters, we provide practical tips to help you understand these new changes. Don’t miss our featured podcast episode, […]
Read MorePart 2: Can an Association Prohibit Smoking in Its Condominium?
As mentioned in Part 1, published in last month’s community update, an association can prohibit smoking in the common elements/common areas by adopting a Rule. An association may also want to prevent smoking on balconies and patios. If the balconies and patios are limited common elements, then just like the common elements, the association can […]
Read MoreCommunity Update – June 2023
June’s edition of CUP brings a range of topics for managers and board members. Whether you’re wondering how SB 154 will impact your association, struggling with a unit owner who has not paid dues, or submitting an SBA loan application, we’ve got something for you. Discover an incredible journey through the eye of a storm as […]
Read MorePart 1: Can an Association Prohibit Smoking in Its Condominium?
Secondhand smoke is formed from a burning cigarette or the smoke exhaled by the cigarette smoker. Secondhand smoke contains over 7,000 chemicals, hundreds of which are toxic and nearly 70 can cause cancer. From 1964 to 2014, the Surgeon General reported that 2.5 million nonsmoking adults died from inhaling secondhand smoke. These are scary numbers […]
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 MoreCan I Get a Restraining Order?
Over the past few years there seem to be more communities with persons who are threatening, being aggressive, or even stalking board members and/or the association’s manager. In those cases where the person acting in a threatening manner is not an owner, such as a tenant, an occupant, or a guest, then the association may […]
Read MoreCommunity Update – January 2022
This month, we work through a wide array of issues, from trees to legal documentation, and even speeding tickets. Please feel free to join us at the 2022 CA Day & Trade Show hosted by the Central Florida Chapter of Community Associations Institute on February 11 in Orlando! In 1988, Congress pulled back some restrictions […]
Read MoreMore on the Installation of Security Cameras
The installation of a security camera on condominium common elements is considered a material alteration or substantial addition to the common elements. In Sterling Village Condo., Inc. v. Breitenbach, 251 S.2d 685, 687 (Fla. 4th 1971), the court defined “material alteration or addition” as follows:
Read MoreEpisode 28: Hiring a Board Member for Maintenance Contract – Can They Do That?
“Our association is considering hiring one of the board members to perform maintenance services in our community – Can they do that?” Becker Shareholder Elizabeth A. Lanham-Patrie discusses in a brand new episode! When it comes to association rules and bylaws, there seem to be more questions than answers. Becker’s video series, “Can They Do […]
Read MoreCommunity Update – December 2021
Before heading into the New Year, we look back at the year’s most popular reads. This month’s featured articles highlight the topics you found most interesting in 2021 – from fining committees to questions about remote meetings. From all of us at Becker, we wish you a happy holiday and a joyous, healthy, and prosperous […]
Read More“Intrusion Upon Your Seclusion: Where Can Video Cameras Be Installed by Residents and Community Associations?” – FLCAJ Magazine
Video cameras are everywhere these days. Many residents have “ring”-type doorbells, which video people who come to their door. Further, many residents have cameras on the outside of their homes which are pointed at their own lots for security purposes; however, sometimes the view of these cameras even extend onto other lots or into other […]
Read MoreCommunity Update – November 2021
This month, our featured articles explore various topics from fuel station installation to reserves for HOAs. Also, be sure to check out the “Did You Know” section – Becker’s been nominated for a Diamond Level Readers’ Choice Award from the Florida Community Association Journal (FLCAJ) in recognition of our commitment to the success of shared […]
Read MoreAre Reserves Still Mandatory for Homeowners’ Associations?
There were several revisions to Chapter 720, which went into effect July 1, 2021. One of these revisions was to Section 720.303(6)(c) and (d), Florida Statutes.
Read MoreCommunity Update – July 2021
This edition of Becker’s Community Update addresses several facets of how collaboration between the association and its members can be successfully navigated, ensuring the health and well-being of both parties at the beginning of the relationship and throughout its lifespan. Security – whether provided by video cameras or sound documentation – is definitely a theme. […]
Read More“Responsibility for Tree Branches & Roots” – CAI South Gulf Coast Magazine
Who is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway? Florida common law provides that a property owner (owner of the tree) does not owe a duty to remove or trim tree branches or roots or […]
Read More“How to Handle Unexpected and Dangerous Situations” – FLCAJ Magazine
Florida associations are accustomed to preparing for hurricanes, but disaster plans should also account for other catastrophic events where there is often less advance warning, such as tornadoes, active shooter scenarios, and now global pandemics. Relying on outside crisis experts for guidance is crucial to ensure that your association is prepared to handle an unexpected […]
Read MoreCommunity Update – May 2021
This month, we’re thrilled to announce the launch of new community association podcast, “Take it to the Board with Donna DiMaggio Berger.” The podcast explores the reality of life in a community association, what’s really involved in serving on its board, and how to maintain the ever-so-delicate balance of being legally compliant and community spirited. Check out […]
Read MoreCommunity Update – March 2021
Paperwork isn’t the most glamorous part of being a community association member, but this edition of Becker’s Community Update outlines why ignoring administrative tasks would be a big mistake. From governing documents and electoral procedures to zoning and entitlement status, having your details safely squared away sets you and your community on the right path. […]
Read MoreSPOTLIGHT: Elizabeth Lanham-Patrie, 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. Elizabeth “Beth” Lanham-Patrie provides a variety of legal services to community, condominium, homeowner, and cooperative associations. She is well-versed in resolving disputes between associations and owners, and, in […]
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 MoreCommunity Update – May 2020
We all know the old adage, “April showers bring May Flowers,” and while springtime is in full swing, it looks as though we may also be slowly emerging from the COVID-19 fog with businesses beginning to cautiously reopen across the state. The month of May also means that we are gearing up for the start […]
Read MoreDoes A Director of a Condominium Association Have to Also Be a Member?
While it may seem to many unit owners that a director must also be a member of the association, this is not necessarily the case. This question is document driven. If the governing documents of a condominium association do not specifically require that a director also be a unit owner / member, then under Florida […]
Read MoreIs It Time to Amend Your Documents?
As the saying goes, change is the only constant in life. This fact applies equally to boards of directors of community associations who are tasked with operating their communities consistently with existing governing documents, even if those documents no longer fit the needs of the community or no longer comply with existing laws. Interestingly, we […]
Read MoreSolar Panels & HOAs: Can They Be Restricted?
While solar panels are often considered unsightly, they are a renewable energy device. For an individual home, they must be permitted by a homeowners association. However, they can be regulated. The relevant statute regarding solar panels is Section 16…
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 MoreCommunity Update – October 2018
Fear not! We’ve got nothing here to scare you. Rather than something spooky on Halloween, we’re aiming for items that are helpful to clarify or ease the board member or management responsibilities you have for your community. So yes, it’s a treat! Our first article, Term Limit Law Continues to Spark Controversy, takes a look […]
Read MoreCondominium Contracting With a Director for Goods & Services
Directors and officers of a condominium have a fiduciary duty to its Members. Therefore, they must be very careful when entering into a contract with the association for which they are an officer or director. In March’s Community Update, I addressed Conflicts of Interests – Condominium Service Providers. In this article however I address conflict […]
Read MoreConflicts of Interests – Condominium Service Providers
HOA/CONDO/CO-OP Board Member Certification Course – Everything you Wanted to Know About Being a Board Member…But were Afraid to Ask!
October 3, 2017 Start: 11:00 AM End: 2:00 PM HOA/CONDO/CO-OP Board Member Certification Course Everything you Wanted to Know About Being a Board Member…But were Afraid to Ask! Provider #0000811, Course #9626099, 3 HR/ELE Presented by: Yeline Goin, Esq., Elizabeth Lanham-Patrie, Esq. and Harry Carls, Esq. If you plan on serving on your association’s board, you […]
Read MoreTaylor & Carls Joins Forces With Becker & Poliakoff
Two of the state’s leading law firms serving condominium and homeowner associations combine to create largest practice group in Florida ORLANDO, FL, October 15, 2013 – Becker & Poliakoff, P.A. announced today that Taylor & Carls, P.A., one of the state’s leading community association law firms with offices in Orlando, Tampa, and Palm Coast, will join […]
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