In many communities, voter apathy can be a real issue with members not turning in 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 in remedying this problem. One […]
Read MoreResults
Community 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 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 MoreCommunity Update – May 2023
This edition of Becker’s Community Update highlights remote voting, managing your personnel, and constitutional rights. Don’t miss the 50th anniversary video that showcases Becker’s rich history and culture. Also featured this month is our Hurricane Preparedness and Recovery Guide. While we hope to be spared from the worst, it’s crucial that your community association is […]
Read MoreWhat Are Limited Common Elements and Who’s Responsible?
The Florida Condominium Act defines limited common elements as those common elements that are reserved for the use of a certain unit or group of units, as specified in the declaration of the condominium. This definition indicates that the limited common elements are a subset of the common elements. Examples of what may be included […]
Read More“Simplifying Official Records Inspections for both the Association and the Owners” – FCAP Managers Report
Condominium associations, cooperatives, and homeowners’ associations are all required to maintain and make available to owners official records of the association. The respective statutes governing each type of association contain a list of records that must be maintained by the association, as well as a catch-all provision for “all other written records of the association.” […]
Read More“Community Association Budgeting in the Sunshine” – FCAP Managers Report
‘Sunshine’ laws require transparency and disclosure in government and business. Community associations have their own of “sunshine” requirements. Are there any “sunshine” requirements for the budgeting process? In other words, what parts of the budget process must community boards ensure to make open, available, or transparent to community members? What notice is required? Board meetings […]
Read More“Sunshine Laws for Condominium Associations” – FCAP Managers Report
Issues generally arise in community associations when there is or appears to be a lack of transparency between the board of directors and the association members. The Florida’s Sunshine in the Government Act, or the “sunshine laws,” require transparency and disclosure in government and business. Although the Florida’s Sunshine in the Government Act does not […]
Read MoreCommunity Update – January 2023
We hope that 2023 is off to a wonderful start! This month, we work through a wide array of issues so that you can rest assured your association is beginning the new year on a high note. There are very specific statutory requirements for levying a special assessment in a condominium. Mark Friedman provides helpful […]
Read MoreReviving Unenforced Restrictions
The previous boards failed to enforce the provisions of the Declaration, bylaws, and/or rules and regulations of the community and now whenever the manager tells someone that they are in violation, the response is that the Association allowed this to occur for many years without enforcement. All is not lost. A previously unenforced restriction may […]
Read More“Can the Board Enforce Restrictions that the Previous Board Failed to Enforce?” – FCAP Managers Report
The short answer is yes. But not so fast. The correct procedures must be followed. The Board needs to put owners on notice that from this point onward, the restriction that was previously unenforced will now be actively and evenly enforced. This is done through a Board resolution adopted at a duly noticed Board meeting. […]
Read MoreCommunity Update – December 2022
As 2022 comes to an end, we look back at our most popular articles this year. Read on for helpful information on statutory and non-statutory reserves, estoppel fees, and so much more. We look forward to another productive year together and wish you continued success in 2023! TOP 5 COMMUNITY UPDATE ARTICLES OF 2022 Given […]
Read More“Is your Community Association Set up to Vote Electronically?” – FCAP Managers Report
With election season upon us, has your community set up electronic voting? In many communities, voter apathy is an issue with members not returning their proxy and not attending meetings. Not only does this impact elections, but also other membership votes, such as amending the governing documents, voting on material alterations, etc.. One way to […]
Read MoreCommunity Update – June 2022
June officially marked the start of Hurricane Season in Florida. If you haven’t already, make sure to check out Becker’s Hurricane Guide which includes helpful information to ensure your association is prepared should disaster strike. Also, if you missed our recent webinar on the adoption of Bill SB 4D, the new law addressing building safety, check it […]
Read MoreThe Association’s Responsibility for Wildlife in the Community
As Floridians, we are familiar with various types of wildlife surrounding our neighborhoods. As new communities develop and expand into natural habitats throughout the state, interactions between residents and wildlife are increasingly common. Most of the time, these interactions are unproblematic, but dangerous incidents can, and do, occur. The tragic alligator attack of the two-year […]
Read MoreStatutory and Non-Statutory Reserves in Homeowners’ Associations
Given the fiduciary responsibilities of directors and officers to the members of their homeowners’ association, it is important to understand when reserve funding is mandatory under the Florida Homeowners’ Association Act (Chapter 720, Florida Statutes). Reserve accounts in a Homeowners Association allow the association to set aside funds for deferred or long-term maintenance of common […]
Read More“Disputes in Community Associations: Arbitration, Mediation, or Litigation?” – FCAP Managers Report
Disputes within community associations were originally treated like other civil disputes, requiring litigation when the parties could not agree. The law evolved to now require certain types of “alternate dispute resolutions” for community associations before the parties head to court. Specifically, both the Florida Condominium Act (Chapter 718 of the Florida Statutes) and the Florida […]
Read More“Switching Hats: Can a Lawyer Who Represents an Association also Serve as a Member of the Client’s Board of Directors?” – FCAP Managers Report
The short answer: there is no express prohibition against this, but it’s complicated and not recommended for either the association or the lawyer. There are several ethical issues that arise due to the lawyer’s duties to the entity as its counsel, fiduciary duties to the entity as a director, and the lawyer’s personal self interest […]
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 More“The Association’s Responsibility for Wildlife on the Property” – Florida Community Association Professionals
As Floridians, we are familiar with various types of wildlife surrounding our neighborhoods. It’s not uncommon to spot feral cats and ducks while walking the dog, or large iguanas out on the golf course. And let’s not forget about the numerous alligators, as well as coyote and black bear sightings. As new communities develop and […]
Read More“‘Drawing a Line in the Sand’ by Reviving Previously Unenforced Restrictions” – FCAP Managers Report
The previous boards failed to enforce the parking restrictions in the community, and now parking has become a nightmare. The new board would like to remedy the solution, but can the board begin to enforce a restriction that has not been enforced in the past? Generally, the association may lose its right to enforce a […]
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 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 More“Limited Common Elements: What Are They and Who Is Responsible?” – FCAP Managers Report
Condominiums generally consist of the following two components: 1) the units that are subject to exclusive ownership by one or more persons, and 2) the common elements, which are any areas not included within the unit boundaries. Unit owners, in addition to the exclusive ownership of their units, also own an undivided share in the […]
Read MoreCommunity Update – October 2021
In addition to this month’s featured articles, don’t miss all new episodes of our podcast, “Take it to the Board.” In the most recent episode, host Donna DiMaggio Berger is joined by Becker Employment Law Shareholder Jamie Dokovna for an informative discussion on best practices to create and protect a safe work environment. Learn what Jamie thinks […]
Read More“Sunshine Laws” for Condominium Associations
Florida’s Sunshine in the Government Act, (“Sunshine Laws”) requires transparency and disclosure in government and business. Although the Sunshine Laws do not apply to condominium associations, the Florida Condominium Act (“Act”) found in Chapter 718, Florida Statutes, contains its own set of “sunshine” requirements for these communities, with transparency being the key to compliance. Issues […]
Read MoreCommunity Update – September 2021
It may not quite feel like it yet in Florida, but Fall is officially here. This of course means busy season has arrived for many associations as residents head south for the winter months. Check out this month’s issue for several informative articles to help set your board up for success. Also, be sure to […]
Read More“Maintaining Civility in Community Associations” – FCAP Managers Report
This past year has brought out divisiveness and discord at all levels of governance, including community associations. Although emotions always seem to run particularly high, community associations have been filled with neighbors with differing values, preferences, and opinions as to how the association should be run and maintained. Even pre-COVID, association governance could become intensely […]
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“The Ins & Outs of Preparing a Condominium Association Budget” – FCAP Managers Report
In many ways, the managing and operating of a condominium association is akin to operating a business. A primary similarity is the importance of careful and accurate financial planning and budget preparation. The board of directors of an association has fiduciary duties to its members. By paying close attention to the legal and technical requirements […]
Read MoreCommunity Update – April 2021
This edition of Becker’s Community Update highlights why adding a “primary occupant” designation in your association’s governing documents may be a good idea and whether your entrance gates are opening you up to increased liability. Check out these topics and more, and don’t forget to connect with us on Facebook to get real time updates on these […]
Read More“Condominium Association Elections – The Who, What, When, & Where” – FCAP Managers Report
Your condominium association elections for your Board of Directors are governed by the Florida Condominium Act (Chapter 718 of the Florida Statutes), and Rule 61B-23.0021 of the Florida Administrative Code. Your association governing documents may also contain requirements for your election. Generally, these requirements are contained in the association’s By-Laws. With this in mind, there […]
Read More“How Community Associations Can Handle the Continuing Popularity of Short-Term Rentals” – FCAP Managers Report
Despite a year that has drastically curtailed traveling due to the global COVID-19 pandemic, the popularity of online vacation and short-term rental platforms, such as Airbnb and others, has persisted as people have sought escapes to private homes instead of hotels and to upgrade their work-from-home routines to somewhere with a view. Airbnb is only […]
Read More“Distinguishing Between Statutory and Non-statutory Reserves under the Florida Homeowners’ Association Act” – FCAP Managers Report
Considering the fiduciary responsibilities officers and directors have to the homeowners’ association’s members, it is important to understand not only the importance of including reserve accounts in an association’s budget, but also to understand when reserve funding is mandatory under the Florida Homeowners’ Association Act. Unlike condominium associations, maintaining fully funded reserve accounts is not […]
Read More