Perspectives

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Legislative Changes on the Horizon

The tragic Champlain Towers South collapse has resulted in an outpouring of support worldwide, while also raising safety concerns among those who reside in community associations in Florida. Becker’s Community Association Law team hears from clients daily seeking advice on how to assess the structural integrity of their building. The firm has always advised that […]

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Omnibus Bill (SB 630) Brings Changes for Florida Condos, Cooperatives and HOAs

This year’s large community association omnibus bill will likely become law. This bill, which bears an effective date of July 1, 2021, contains changes which will impact condominiums, cooperatives and HOAs. At more than 100 pages, we will discuss only some of those changes in today’s CALL Alert. This bill, along with all the others CALL has been…

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CALL ALERT: Governor DeSantis Signs COVID-19 Liability Bill

Yesterday Governor DeSantis signed SB 72 which gives civil immunity to not-for-profit corporations, hospitals, nursing homes, government entities, schools and churches for COVID-19 related claims as long as the alleged negligence doesn’t involve gross negligence or intentional misconduct. “COVID-19 related claim” means a civil liability claim against a

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CALL ALERT: Limiting Liability for COVID-19; Criminalizing Inspections & Elections; Permitting Single Petition Property Tax Appeals

This week, we’re going to discuss a few bills that will impact all types of Florida community associations. CS/HB 7 /SB 72 (Brandes) are bills which would protect “business entities” against COVID-19 related claims for damages, injury or death. These bills do include condominiums, cooperatives, and HOAs within the definition of a business entity. Given

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CALL ALERT: Property Damage Claims Will Become More Difficult With Passage of HB305 & SB76

Florida is always potentially in the path of a deadly storm during hurricane season. Because of that geographic vulnerability, property insurance changes are hotly debated each year during Florida’s 60-day Legislative Session. Every year seems to bring increasingly active hurricane seasons and, naturally, property insurance rates climb ever higher.

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Should Condominium Associations Be Permitted to Invest Operating & Reserve Funds? SB 1490 Says Yes!

For years there have been significant legal constraints on a condominium association’s ability to use reserve funds. In addition to the statutory requirement to obtain membership approval for non-designated reserve usage, the prevailing school of thought was that association funds could not be invested since investments can and do fail.

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SB 522 Makes it Harder for Local Governments to Restrict Airbnb; Bad Construction Bill Filed; No More Sprinkler Relief for Older High-Rises

SB 522 (Diaz) is designed to preempt regulation of short-term rentals to the State of Florida. In effect, this bill would prohibit a local government from passing a law, ordinance or regulation prohibiting or regulating the duration of vacation rentals. Thankfully there is currently a specific exemption under the bill for condominium, cooperative and HOA […]

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96-Page Community Association Bill Filed

Senator Dennis Baxley (R-12) has filed SB 630, a 96-page bill which proposes significant changes for Florida condominiums, cooperatives and HOAs. While many of the provisions are useful, others are less so and we will be reaching out to the bill sponsor to discuss some of the concerns we have with certain changes. Some of those changes are discussed bel

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CALL’s COVID-19 Survey Results

During the Summer of 2020, CALL’s COVID-19 Survey was open for Floridians to share their experiences during the height of the pandemic.More than 1,000 association directors, managers and residents took the time to share what steps helped them keep their communities safe as well as the challenges they encountered along the way.

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Keeping Politics Out of Your Community Association

Not surprisingly, the chatter about whether or not political signs should be permitted in private residential communities has increased as we draw closer to the elections in November. Let’s first discuss whether or not an owner in a Florida HOA has the “right” to install signs. The short answer is “no” with one exception. FL […]

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