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 […]
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“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 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 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 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 […]
Read More“Estoppel Charges Adjusted for Inflation” – News-Press
Q: I recently requested an estoppel certificate from our homeowners’ association to confirm the dues and fees associated with my property in connection with my selling the home. When I received the bill, the amount charged was higher than the cap mentioned in the Florida Homeowners’ Association Act. Can they legally charge more than what […]
Read MoreBecker Shareholder Mary R. Hawk Appointed Chairperson of 12th Judicial Circuit Local Professionalism Panel
Becker is delighted to announce that Shareholder Mary R. Hawk has been appointed as the Chairperson of the 12th Judicial Circuit Local Professionalism Panel. Established by the Florida Supreme Court in 2013, the Local Professional Panels operate within each judicial circuit to review complaints of unprofessional conduct within the legal profession. Before her appointment as […]
Read MoreThe Do’s and Don’ts of Association Committees with Becker’s Ken Direktor
For more episodes of Take It To The Board, click here! Does your association have committees? Do you find them to be a helpful addition to association operations or a harmful “shadow board” with the potential to create liability for the association, its directors, and members? Host Donna DiMaggio Berger sits down with Ken Direktor, Chair of […]
Read More“Law Does Not Require Recording Rules” – News-Press
Q: The board of my association recently passed a new set of rules. Do we have to record these in the county records for them to be enforceable? (G.W., via e-mail) A: The “recording” of a legal document involves filing it with the Clerk of Court in the relevant Florida county. The law does not […]
Read MoreThe Benefits of “Umbrella Organizations” with Brickell Homeowners Association’s President, Ernesto Cuesta
For more episodes of Take It To The Board, click here! When it comes to community associations, joining forces under a voluntary “umbrella organization” often proves more beneficial than going it alone. Members reap the rewards of shared knowledge, vendor connections, advocacy, and educational resources. In this week’s episode of Take It To The Board, […]
Read More“Refund Rights Run with Title” – News-Press
Q: My condominium association board assessed seven thousand dollars per unit right after the Hurricane Ian in 2022, which I paid. The board has now decided they do not need the funds and have voted to return them to the owners. I sold my condo unit after the refund decision was made, but before the […]
Read More“Understanding the Corporate Transparency Act (CTA) and Its Possible Impact on Community Associations” – Daily Business Review
Becker Shareholder Donna DiMaggio Berger was recently featured in the Daily Business Review. Her commentary article looks at the implications the Corporate Transparency Act has on Community Associations, specifically the potential challenges for volunteer association board members in private residential communities. Donna writes, “The CTA aims to remove the anonymity surrounding shell companies and similar […]
Read MoreCommunity Update – April 2024
In this edition of the Community Update, we address estoppel certificates, video cameras for surveillance, and the pending new laws from the 2024 Florida Legislative Session. We also welcome our newest Shareholder, Allison L. Hertz, and celebrate $120,000 raised for Pancreatic Cancer. Don’t miss our featured podcast episode that discusses crafting and protecting your community’s […]
Read MoreWhat Can Be Done About Solar Panels?
If you are living in a Homeowners Association the Board or the Architectural Review Committee generally cannot prohibit the installation of solar panels (or “solar collectors”). A Florida law, F.S. 163.04, provides that any “deed restriction or declaration” or even any “similar binding agreement” may not prohibit — or have the effect of prohibiting — […]
Read MoreWhat to Do if You Receive a Complaint or Subpoena
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.
Read MoreBecker Welcomes Allison L. Hertz as Community Association Shareholder
April 26, 2024 – West Palm Beach, FL – Becker, a leading multi-practice commercial law firm with attorneys, lobbyists, and other professionals throughout the United States, is pleased to welcome Allison L. Hertz as a shareholder in the firm’s Community Association practice group. She will be based in the firm’s West Palm Beach office. Ms. […]
Read More“Roofing Changes Usually Require Member Vote” – News-Press
Q: Our condominium association is thinking about changing roofing materials. Our bylaws say that a majority of the unit owners who participate in a meeting can decide any issue, “unless a specific voting percentage is stipulated in the declaration, these bylaws or law.” Does this mean that a majority of the unit owners can approve […]
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