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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Tag Archives: Florida

Can a Florida HOA Reject the Votes of a Tenant Proxyholder?

Posted in Voting

Question: I recently attended the annual meeting of my homeowners’ association. Many absentee owners sent in proxies. The association’s attorney advised the association to reject several proxies because they named a tenant as the proxyholder. The attorney said that only association members may serve as proxyholders. Is this true and should these proxies have been… Continue Reading

Special Event: In The Aftermath of a Disaster

Posted in Education, Hurricane/Disaster Issues, Safety and security

Becker & Poliakoff and The American Red Cross present Prepare Your Community for a Disaster! Please join us for a unique presentation by Mr. Benjamin Bellucci, Disaster Program Manager for the American Red Cross Broward County Chapter, which is designed to prepare you and your association members for worst case scenarios. Mr. Bellucci has trained… Continue Reading

2016 Legislative and Community Association Resource Guide

Posted in CALL Alert, Legislation, Safety and security, Voting

Becker & Poliakoff and CALL’s 2016 Legislative and Community Association Resource Guide (“Guide”) is now available for viewing and printing. The Guide is applicable to all three (3) types of shared-ownership communities (condominiums, cooperatives, and homeowners’ associations). The 2016 Legislative Session ended without any significant piece of community association legislation passing. While there were many… Continue Reading

Hurricane Shutters and Florida Condominiums

Posted in Hurricane/Disaster Issues, Insurance, Rules & Regulations

Question: I am preparing to return to my northern home for the summer and intend to deploy the hurricane shutters on my condominium unit. However, the association is advising me that I cannot deploy my hurricane shutters unless there is a storm warning. Is this permissible? (B.M. via e-mail) Answer: Since hurricane season began on… Continue Reading

Online Voting: A Tool for Voter Inclusion and Fraud Deterrence

Posted in Elections, Fraud, Operations, Voting

Over the past few weeks, the Miami Herald and Univision have teamed up to investigate allegations of fraudulent condominium elections, primarily in Miami-Dade County. In fact, Miami-Dade County by far has the highest number of complaints of any county in Florida for voter fraud, according to the Department of Business and Professional Regulation, accounting for… Continue Reading

Are Criminal Background Checks for New Purchasers and Renters in a Community Association Discriminatory?

Posted in Discrimination/Fair Housing, Rental

This post originally appeared in The Community Association Law Blog. Most community associations screen potential purchasers and potential renters. In fact, when surveyed, many board members state that screening community occupants is one of their primary functions. What is the #1 item that typically presents a red flag on a screening application? If you said… Continue Reading

2016 Legislative Session Ends With No Major Community Association Bills Passing

Posted in CALL Alert, Legislation

The 2016 Legislative Session ended last Friday, with no major community association legislation passing.  Although a number of condominium and HOA related amendments were filed during the last week of session to HB 1187 and SB 1050, Relating to the Department of Business and Professional Regulation, they were not considered. THEREFORE, THE FOLLOWING ISSUES INCLUDED… Continue Reading

Condo/HOA Legislative Train Has Been Formed

Posted in Legislation

One of the things that happens during the last few weeks of sessions is that legislative “trains” are formed, which allows bills and issues that have stalled to remain “alive.”  These bills typically have very broad titles, such as a “Bill Relating to Education” or a “Bill Relating to Transportation.” Last week, a train was… Continue Reading

Can your Board of Directors Ban Guns in Your Community?

Posted in Rules & Regulations, Safety and security

This post originally appeared in The Community Association Law Blog. PART I: Florida lawmakers are considering several gun proposals in the 2016 Session. One bill would allow people with concealed-weapons licenses to carry guns on college and university campuses while another would allow individuals with those concealed-weapons licenses to openly and visibly carry those firearms…. Continue Reading

New Bills Will Significantly Impact HOA Operations in Florida

Posted in advocacy, CAM, Legislation

Representative John Cortes has filed three separate bills which significantly impact community associations, and in particular, homeowners’ associations. The bills are: HB 653, Relating to Homeowners’ Associations:  The bill, among other things, provides that the Division of Condominium, Timeshares, and Mobile Homes will be renamed as the Division of Condominiums, Homeowners’ Associations, Timeshares and Mobile… Continue Reading

CALL Announces Legislative Town Hall—Tuesday, November 10, 2015

Posted in advocacy, CALL Alert, Legislation

Every year in Florida we are guaranteed to see new laws pass which will impact our significant shared ownership community population. 2015 was no different and 2016 will be just as busy, with Becker & Poliakoff’s Community Association Leadership Lobby (CALL) monitoring and shaping dozens of bills throughout the 60-day Session. Come join us for… Continue Reading

Becker & Poliakoff Announces Free Condo and HOA Seminars

Posted in Education

Becker & Poliakoff is committed to sharing our legal knowledge to help others. We do so by offering State-approved educational resources in various forms, including more than two dozen courses, conferences, panel discussions, personal meetings, and webinars that you can conveniently attend from your office or home. With this many available options, it is easy… Continue Reading

Could Lower Real Property Tax Bills Result in a Healthier Financial Picture for your Association?

Posted in taxation

Very often, volunteer boards ask just how involved they can and should be when it comes to assessing the financial health of their individual members. Most boards understand the power of bulk purchases when it comes to contracting with vendors for various services and products as a means to save their members money. Some boards… Continue Reading

Estoppel Bill Raises a Number of Concerns (HB 611)

Posted in CALL Alert, Legislation

HB 611, by Rep. Wood (R-Winter Haven) bill will be heard in Civil Justice Subcommittee today, Wednesday, March 4, at 12:30. The Chair of the Civil Justice Subcommittee is Kathleen Passidomo (R-Naples). The bill significantly changes the procedures for requesting and delivering estoppel certificates whenever property is sold in a community. CALL (Community Association Leadership… Continue Reading

Registration for the 2015 Florida Communities of Excellence Conference & Awards Gala is Now Open!

Posted in Communities of Excellence

Earlier today, we opened registration for the 2015 Florida Communities of Excellence Conference & Awards Gala that takes place May 15 in Weston.Our 7th annual celebration will feature the biggest slate of Awards in our history, plus more exhibits, attendees and fun than ever before. Best of all, it’s an opportunity to network with community… Continue Reading

Becker & Poliakoff Announces Free Condo and HOA Seminars for February, 2015

Posted in Events

Classes may be subject to change. Please visit http://www.bplegal.com/events for up to date information. Leadership Conference-2015 Legal Update/Condo Construction Projects Gone Wild! February 7, 2015 Duck Key Elections, Voting & Sunshine Laws February 11, 2015 West Palm Beach Board Member Certification for CONDOS ONLY February 16, 2015 Ft. Walton Beach You Have Questions? We’ve Got… Continue Reading

Becker & Poliakoff Announces Free Seminars in January 2015

Posted in Events

Board Member Certification for CONDOS ONLY January 9, 2015 Naples Board Member Certification for CONDOS Only January 12, 2015 Ft. Myers Board Certification Course for Condo/HOA/Co-op January 13, 2015 North Port 2015 Legal Update January 17, 2015 Ft. Lauderdale Board Member Certification for HOAs ONLY January 20, 2015 West Palm Beach Ask Your Association’s Legal… Continue Reading

Governing Documents Determine How Parking Spaces Are Defined

Posted in Common Areas

Question: The association in my condominium is trying to reassign all the parking spaces, which were originally assinged by the developer in 1969. I have a two bedroom unit and ever since I moved 15 years ago, I’ve had two parking spaces, just like almost every other two bedroom units. Recently, a member of the… Continue Reading