It seems that every year we can count on the Florida legislature making additional changes to the Homeowners’ Association Act (“HOA Act”), and the 2024 legislative session was no different. One of the HOA bills adopted by the legislature is HB 1203. The bill was formally sent to the governor on May 21, 2024. As […]
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“2024 Legislative Review Continues” – News-Press
Today’s column is the third installment of our review of 2024 legislation affecting Florida community associations. The first two pieces dealt with changes to the condominium statutes, as will today’s review. Electronic Voting: In a seemingly minor but potentially substantial change, the law now provides that if the board authorizes online voting, the board must […]
Read MoreA Board Members’ Guide to Unexpected Issues – Your Questions Answered
For more episodes of Take It To The Board, click here! Navigating the complexities of community association governance is increasingly challenging due to evolving laws, heightened personal liability for board members, and onerous regulation including the personal information required of volunteer board members under the controversial Corporate Transparency Act. In this episode of Take It […]
Read More“Review of Condo Law Changes Continues” – News-Press
This is the second installment of my annual legislative review for 2024. The first segment looked at changes to the condominium laws regarding director education, mandatory website requirements, new board meeting procedures, and the addition of criminal penalties for certain aspects of condominium statute violations. Today we will look at more changes to the condominium […]
Read More“Annual Legislative Review Begins” – News-Press
2024 was a particularly active year for community association legislation. There were several hundred pages of legislation affecting condominium, cooperative and homeowners’ associations. Community association legislation is often described as “the good, the bad, and the ugly.” 2024 was a notable exception in that not much “good” appears to have been done. Today we will […]
Read MoreFrom Chaos to Order: Tips from a Decluttering Pro on Hoarding and Maintaining Your Association’s Records
For more episodes of Take It To The Board, click here! Are you struggling with a hoarder in your association and need practical advice? Do your Association’s books and records need some attention now that new laws in Florida require them to be kept in an “organized fashion”? Tune in to “Take it to the […]
Read MoreCommunity Update – June 2024
June means the start of Hurricane season in Florida and while we always hope for a quiet year, it’s important that your community is prepared. Check out Becker’s Hurricane Guide for helpful tips before, during, and after the storm. This issue of CUP also features common questions on violation notices, a bird’s eye view of […]
Read More“Owners May Install EV Charging Stations” – News-Press
Q: I recently moved into a condominium that provides electrical outlets at each parking space, and I have been using one of these outlets to charge my plug-in hybrid car. The board informed me that I am not allowed to use the outlet because it is considered a common area, and they do not want […]
Read MoreWinning Your Case: Selecting the Right Experts in Community Association Transition Litigation
If your community association is in the midst of transition litigation or in the beginning stages of contemplating bringing suit for transition or construction defects against the developer of your community, then you’re going to need to assemble the right team. In New Jersey, that team will include an “expert.” But what is an “expert” […]
Read MoreMeetings and Records Request Rules
Unfortunately, one of the more common calls I receive from community association clients concerns how to deal with unruly or disruptive members. These members disrupt association board meetings and committee meetings, often by speaking out of turn, refusing to sit down, yelling, screaming, and defaming board members. Other disruptive methods employed by some members include […]
Read MoreNew Requirements for Condominium Association on Inspections of Official Records
The Florida Legislature adopted House Bill (HB) 1021, which was recently signed into law by the Governor which makes certain changes to Chapter 718, Florida Statutes, known as the Condominium Act. It will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but […]
Read MoreHB 1203, Effective July 1, 2024, Changes HOA Fining Requirements
When Florida lawmakers concluded their 2024 Legislative Session, a number of bills passed that affect community associations. House Bill 1203, which was signed by Governor DeSantis and is effective July 1, 2024, changes the game when it comes to fining in homeowners’ associations that are governed by Chapter 720, Florida Statutes.
Read More“New Law Requires Dissemination of Documents” – News-Press
Q: I recently bought a house and became a new member of a homeowners’ association. The association did not give me or my realtor a copy of the association’s rules and covenants before my purchase. Can you explain the new law on this that I was told recently passed? (J.D., via e‑mail) A: Amendments to […]
Read MoreRevolutionizing Coastal Defense, 3D-Printed Living Seawalls with Anya Freeman of Kind Designs
For more episodes of Take It To The Board, click here! The recent flooding in South Florida makes today’s episode of Take It To The Board particularly timely. Anya Freeman, the visionary founder of Kind Designs, sits down with host Donna DiMaggio Berger to explain her groundbreaking approach to protecting our coastal properties and shorelines. Anya […]
Read MoreBecker Recognized in SFBJ’s 2024 “Top Law Firms” List
We are pleased to announce Becker has been ranked in the South Florida Business Journal’s “Top Law Firms in South Florida” list for 2024. The list ranks South Florida law firms by number of lawyers, partners, and total staff. Becker has been named in the top 25 ranks every year since 2017. To view the […]
Read More“It’s That Time of Year Again…Now What?” – Florida Community Association Journal
The snowbirds and spring breakers have all returned home. The weather is warmer, and the days are longer. The summer vacationers have not yet arrived but will soon be here. Unfortunately, this also signifies the potential arrival of a dreaded and uninvited guest: a hurricane. While hurricanes are unpleasant, as with many things in life, […]
Read More“New Requirements for Condominium Association on Inspections of Official Records” – FCAP Managers Report
The Florida Legislature adopted House Bill (HB) 1021, which makes certain changes to the Chapter 718, or the Condominium Act. Assuming the bill is not vetoed by the Governor, it will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but one of […]
Read More“Violation Notices Part of Official Records” – News-Press
Q: Does a member of a homeowners’ association have the right to review a list of properties that have violated the HOA rules, such as landscape plants that are not permitted or exterior house paint colors not approved? (A.C., via e-mail) A: If such a list exists, yes. However, the association is not legally obligated […]
Read MoreA Lobbyist’s Lens: A Bird’s Eye View of the Legislative Process, Community Advocacy and Condo Law with Lobbyist Travis Moore of Moore Relations, Inc.
For more episodes of Take It To The Board, click here! Host Donna DiMaggio Berger takes listeners behind the curtain of Florida’s legislative process with lobbyist Travis Moore of Moore Relations, Inc. to uncover what lobbyists do, how they do it, and why community association leaders and residents need to know about this process. Together, they discuss […]
Read More“A Guide to Community Association Governance in New Jersey” – Community Trends
Living in a community association offers an array of benefits – well-maintained common areas, a sense of community, and shared amenities. However, a smooth-running community association relies on a strong foundation built upon a clear and documented framework called the “governing documents.” This framework, however, can be complex and downright overwhelming at times. The governing […]
Read MoreCommunity Update – May 2024
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 […]
Read MoreVacation Rentals and Community Associations
Over the past few years, Airbnb and VRBO (collectively referred to as “Vacation Rentals”) have become a very popular form of short-term rental. Vacation Rentals include a range of rentals from houses, condos, or in some instances rooms for a period under 30 days’ at a time. While some owners believe they have this right […]
Read MoreDoes 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 MoreHomeowner Association Architectural Review Standards
Two of the bills signed into law this month by the Governor modify Florida Statute 720.3035 regulating architectural review. Because of these two pending changes to the law, homeowner’s associations should review their architectural review with their community association attorney.
Read More“Association Contracts” – FCAP Managers Report
Whether your community association is a condominium, cooperative, or a homeowners’ association, Florida law empowers your association to enter into contracts in connection with the maintenance and operation of the community. Often times, your association is all but required to contract with third parties in order to maintain and operate the community, as it does […]
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