Welcome back, snowbirds! Many of our Florida communities have large populations of snowbirds—residents who reside “up North” during the summer and in sunny Florida for the winter months. Snowbirds have been traveling to Florida in one form or another for over 100 years. The population of Florida increases by more than five percent every year […]
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“Budget Season is Approaching” – FCAP Managers Report
If your condominium association has a fiscal year that follows the calendar year, it is about that time of year to begin thinking about next year’s budget. The Budget and Reserves Manual from the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares and Mobile Homes recommends that associations start gathering information to prepare […]
Read MoreA Guide to Impact-Resistant Windows and Doors
For more episodes of Take It To The Board, click here! On this week’s episode of Take It To The Board podcast, we’re opening the doors—and windows—to a topic that’s both timely and critical for community associations both in hurricane season and year-round impact doors and windows. Host Donna DiMaggio Berger and guest Ben Friedman, owner and President […]
Read MoreBecker’s NY Real Estate Litigation Team Comprised of Partner Glenn H. Spiegel and Associate, Samantha Lesser Scores a Major Win for a Client
In a legal dispute concerning various transactions involving the sale of real property located in Rockland County, one of the parties commenced an action in New York County seeking money damages in excess of 1 Million Dollars. After the New York Supreme Court action was dismissed, the defendants thought that their ordeal was over, but […]
Read More“HOA Rulemaking Procedures Questioned” – News-Press
Q: Recently, the board of our homeowners’ association amended the community rules without filing the updated document with the county clerk. They only noted the change on our website. Can the board enforce a rule change that wasn’t officially recorded? (E.R., via e-mail) A: Section 720.306(1)(b) of the Florida Homeowners’ Association Act outlines the procedures […]
Read MoreWebinar: Corporate Transparency Act: Mandatory Reporting for Community Associations Due by January 1, 2025
The Corporate Transparency Act (the “CTA”) is a federal law designed to address money laundering and corruption and requires reporting of business ownership information to the U.S. Department of the Treasury Financial Crimes Enforcement Network. While there have been lobbying efforts to remove community associations from the application of the CTA, the ultimate results […]
Read MoreBecker’s Washington Weekly: Week of October 14
The House and Senate are finalizing a compromise on the biennial Water Resources Development Act (WRDA) 2024 which aim to enhance the nation’s water infrastructure through various US Army Corps of Engineers projects. The House passed its WRDA – H.R. 8812 – on July 22, while the Senate passed S. 4367 on August 1. While […]
Read More“Condo Director Term Limits Questioned” – News-Press
Q: Our condominium association hasn’t held elections for many years due to a lack of more applicants than available board seats. We are considering amending how we handle board terms and adding term limits at the next annual meeting. Should we implement staggered terms for continuity and fair rotation, or should board members be allowed […]
Read MoreNavigating the Stormy Landscape of Disaster Recovery and Insurance — with Wayne Srsen and Kelly Kuhn
For more episodes of Take It To The Board, click here! In the aftermath of Helene’s wrath and Milton’s threatening approach, this week’s episode of Take It To The Board, hosted by Donna DiMaggio Berger, takes us on the emotional journey of community association industry veterans Wayne Srsen and Kelly Kuhn as they share their firsthand […]
Read MoreAdditional Opportunity to Extend Your Permit Expiration Dates: Hurricane Milton
Some property owners, developers, construction industry professionals, and other building permit- and authorization-holders may be eligible for extensions to preserve their development and construction rights. A Florida law allows certain qualifying permits and authorizations to be extended beyond their current expiration dates once the Governor issues a state of emergency stemming from natural causes. Governor […]
Read MoreBecker & Miami Law Welcome Julissa Reynoso, Partner at Winston & Strawn and Former U.S. Ambassador, as Keynote Speaker for the Alan S. Becker and Gary A. Poliakoff Preeminent Leaders in Law Speaker Series
October 7, 2024 – Miami, FL – Becker & Poliakoff, in partnership with the University of Miami School of Law, is pleased to announce that Julissa Reynoso, Partner at Winston & Strawn and Former U.S. Ambassador to Spain and Andorra, will be the next keynote speaker of the Alan S. Becker and Gary A. Poliakoff Preeminent […]
Read More“New Website Laws on the Horizon” – News-Press
Q: Do the new requirements for associations under Chapters 718 and 720 mandate that their websites must have public-facing pages, or is it sufficient for these websites to only have a password-protected area for members to access the required documents? (R.P., via e-mail) A: Section 718.111(12)(g)1. of the Florida Condominium Act was amended, effective July […]
Read MoreCommunity Update – September 2024
While some areas of the West Coast and Panhandle were fortunate to escape Hurricane Helene’s impact, others were not so lucky. Our thoughts are with everyone affected by the storm, and we want to remind you that we are here to help. Our website contains a wealth of educational information for your community, including both pre- […]
Read More“Delinquent Assessment Rights Discussed” – News-Press
Q: I recently reviewed communications from our condominium management regarding penalties for unit owners who fail to pay their maintenance fees. I find the penalties to be insignificant and ineffective. I am frustrated that those who don’t pay their share of our expenses seem unaffected and continue to enjoy amenities, making these penalties a real […]
Read MoreThe DBPR Now Has Broader Authority to Investigate and Enforce Compliance
It wasn’t so long ago that Florida’s Department of Business and Professional Regulation (the “DBPR”) had little jurisdiction over the operation of condominium associations after their developer turnover meetings, and, what little jurisdiction the DBPR had over associations after turn over, was often exercised by providing warnings and board member education to associations that were […]
Read MoreNew Heat Protection Rule Is Set to Take Effect
The Occupational Health and Safety Administration (OSHA) has proposed a new heat protection rule aimed at safeguarding employees who are exposed to excessive heat in their work environments. This rule is particularly relevant to condominium associations and homeowner associations, which often employ staff such as landscapers, maintenance workers, and pool attendants who spend extended time […]
Read MoreGuarding Against the Unauthorized Practice of Law
The unauthorized practice of law poses significant legal and financial risks to both community association managers (CAMs), board members, and the communities they serve. The Florida Supreme Court has consistently ruled on the boundaries of lawful conduct for non-lawyers, particularly in the context of community association management. These rulings underscore the importance of distinguishing between […]
Read MoreCommunity Association Insights with Industry Leader Dawn Bauman of the Community Associations Institute (CAI)
For more episodes of Take It To The Board, click here! Learn the secrets to help your community thrive on this week’s Take It To The Board podcast, as host Donna DiMaggio Berger sits down with Dawn Bauman, Senior Vice President of Government and Public Affairs at the Community Associations Institute (CAI). Dawn is a leading advocate for […]
Read MoreAdditional Opportunity to Extend Your Permit Expiration Dates – Potential Tropical Cyclone Nine
Some property owners, developers, construction industry professionals, and other building permit- and authorization-holders may be eligible for extensions to preserve their development and construction rights. A Florida law allows certain qualifying permits and authorizations to be extended beyond their current expiration dates once the Governor issues a state of emergency stemming from natural causes. Governor […]
Read More“Is Your Community Association Ready to Fine or Suspend?” – FCAP Managers Report
Whether your association is a condominium, a cooperative, or a homeowners’ association, chances are that, at one point or another, it has had to deal with a resident who just can’t seem to abide by your governing documents. We all have had that one neighbor who insists on blaring music at odd hours of the […]
Read MoreBecker’s Washington Weekly: Week of September 23
Shutdown Showdown 2.0 Congress returns to Washington this week to take a second crack at passing a short-term government funding bill after falling short last week. Over the weekend, House Republicans released the text of a stopgap proposal extending government funding through December 20th after lawmakers failed to pass a previous version last week containing […]
Read More“Free Speech is Not Always Free” – News-Press
Q: Can an owner of a condominium association exercise free speech to protest issues with their condominium association? (J.D., via e-mail) A: That is a complicated legal question. The First Amendment to the United States Constitution only prohibits the federal government from abridging free speech rights. That protection is extended to the States and their […]
Read MoreBecker Succeeds in Defeating Proposed Upper Captiva Rezoning: Developer Withdraws Application Right Before First Public Hearing
September 16, 2024 – Ft. Myers, FL — Becker, a multi-practice commercial law firm with attorneys, lobbyists, and other professionals at offices throughout the East Coast, is pleased to have defeated a proposed rezoning in Upper Captiva from a residential district to Commercial Planned Development to permit a hotel, retail, and office space. Becker shareholder […]
Read MoreBroward County’s Stirling Road Library Renamed to Honor Marta-Beth Friedman
Becker is proud to announce Broward County’s Stirling Road Library in Hollywood has been renamed the Marta-Beth Friedman Library in honor of Marta-Beth Friedman, a devoted advocate and volunteer for the Broward County Library and a cherished member of the Becker family. Marta-Beth, the wife of Bernie Friedman, Chair of Becker’s Government and Lobbying […]
Read MoreBecker’s Washington Weekly: Week of September 16
Congress’ September Slog Continues Congress is back in session for its second to last working week of the month before breaking for its October recess. While lawmakers continue to debate a government funding package ahead of the September 30th shutdown deadline, the House returns to a packed legislative agenda for the week including bills concerning […]
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