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

Tag Archives: Florida

Did My Association Legally Adjourn a Membership Meeting to a Later Date?

Posted in Governing Documents, Meetings, Operations, Voting

Question: My condominium association was set to have a big vote on some controversial amendments to the governing documents a few weeks ago. The proposed amendments include leasing changes that are onerous to investors and changes to the pet rules that seem totally unnecessary. I am strongly against these amendments, as are many other owners…. Continue Reading

The Airbnb Phenomenon and What It Means for Your Community Association

Posted in Association Documents, Rental

If your community association is located in or relatively near an area that is attractive to tourists, it is time for your board to start discussing the Airbnb phenomenon and what it might mean in the coming years. Sites like Airbnb, VRBO (Vacation Rentals by Owner), FlipKey, HomeAway, and Roomorama tout the fact  that they… Continue Reading

Becker & Poliakoff Announces New Condominium & HOA Classes

Posted in Budgets, Reserves & Financial, Construction Issues & Contractual Disputes, Hurricane/Disaster Issues, Service Animals/Emotional Support Animals

We are 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 for your… Continue Reading

Community Update 2016, Volume 05 is Now Online

Posted in CALL Alert, Community Update, Legislation

Summer is in full swing with record temperatures and lots of beach time greeting us every day. We cannot however forget that changes affecting many communities took effect July 1st. In this issue: We provide our annual recap of community association happenings at the legislative level. This includes: SB 184 concerning rentals to Service Members… Continue Reading

BPBALLOT Online Vote a Success in Santa Rosa Florida

Posted in Association Documents, Uncategorized, Voting

Several weeks ago, our first BPBALLOT online vote was finalized up in Santa Rosa Beach and it was a grand SUCCESS! Since our first vote we have several more communities who have already purchased a BPBALLOT license and have their online votes underway. If your community has historically struggled to achieve a quorum on important… Continue Reading

The Fuss about Florida’s Fire Sprinkler Opt Out Deadline

Posted in CALL Alert, Safety and security

Dear CALL Members: The Division of Florida Condominiums, Timeshares and Mobile Homes (“Division”) has recently been quoted in several media articles advising that all multifamily buildings in Florida, regardless of height, must install sprinklers unless they opt out prior to the December 31, 2016 deadline. In the aftermath of that revelation, some Florida attorneys are… Continue Reading

There is a Difference Between Requests to Inspect Official Records and Certified Inquiries

Posted in Association Documents, Official Records, Uncategorized

Question: We have a resident asking for clarification on the proper procedure to obtain copies of an invoice for work performed in the community. In a previous column, I thought you stated that requests for official records in a condominium association must be submitted by certified mail. Does this same requirement apply to a request… Continue Reading

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