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Tag Archives CUP

Preventing Sexual Harassment in the Community Association Workplace

Sexual harassment is not often thought about in the context of community association law.  The reality, however, is that the number of sexual harassment claims brought against community associations has skyrocketed in recent years, making it imperative that a community association know everything it can about the law to shield itself from these types …

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Medical Marijuana and Your Florida Community

Citizens in the Sunshine State approved Amendment 2, which legalized the use of medical marijuana, by a 71% margin. Florida is expected to log more than $1 billion in medical marijuana sales by 2019, according to a report compiled by marijuana industry analysts New Frontier Data and Arcview Market Research. The full extent of …

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What’s New With Official Records?

The Condominium Act (“The Act”) has a catchall provision which essentially provides that “other written records” related to the operation of a condominium are considered official records of an association.  In 2017, the Act underwent some changes as it pertains to official records and these changes are important to keep in mind to avoid …

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Stopping the Limitations Clock in Bank Foreclosures – Bartram v. U.S. Bank

Associations across Florida have anxiously awaited the Florida Supreme Court’s decision in Bartram v. U.S. Bank Nat. Ass’n, 2016 WL 6538647 (Fla., November 3, 2016).  While the underlying facts in Bartram are somewhat convoluted, the relevant question before the Florida Supreme Court was whether the five (5) year statute …

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The Association Foreclosed On A Delinquent Owner. Is The Mortgagee Entitled To The Rental Income?

Condominium and Homeowner Associations are never anxious to take on properties abandoned by owners.  Yet with the mortgage crisis many properties were left vacant for years.  In the interim, unpaid assessments continued to accrue and the properties were ripe for vagrants and were left to deteriorate, risking damage to the common elements or adjoining …

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Borrowing Money

As buildings age, repairs become necessary.  For associations that have not funded reserves, money will be in short supply, leaving two possible options depending on what is permitted under your governing documents:  special assess and/or borrow money from a bank.

The problem with special assessing, especially in some communities, is that unit …

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Engineered Life Safety System (ELSS) Lobbying Initiative

 For the 2018 Legislative Session, Becker & Poliakoff’s Community Association Leadership Lobby’s (CALL) will once again tackle the thorny issue of older Florida high-rises that have previously opted out of sprinkler systems still being required to retrofit with an Engineered Life Safety System (ELSS). If your community would like to be part …

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This Is The End. . . Or Is It?: Retroactive Application Of The Amendments To The Condominium Act Relating To Termination

In some instances, unit owners in a condominium association may collectively decide that it would be better to “end it all” and terminate the condominium rather than continue on with the condominium form of ownership. Perhaps the owners in an older condominium sitting in a prime location may want to terminate and sell out …

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