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

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Summary of HB 1237, Relating to Condominiums

Posted in Uncategorized

HB 1237 (SB 1246), sponsored by Rep. Diaz and Sen. Garcia and Sen. Rodriguez, passed the House and Senate this week and now heads to the Governor for consideration.  If approved by the Governor, the new law will be effective on July 1, 2017 (except the provision regarding websites will be effective on July 1,… Continue Reading

Fining Procedures Confound Condominium & Cooperative Boards in Florida

Posted in Association Documents, Governing Documents, Reader Q&A, Rules & Regulations, Suspensions, Fines & Remedies, Uncategorized

Question: Our association tried to fine an owner who violated our rules, but decided the process was too complicated. Can you provide a step-by-step outline of how fines are issued and collected? (M.G. by e-mail) Answer: Fines can be imposed against condominium and cooperative unit owners, occupants, licensees and invitees. The law for homeowners’ associations… Continue Reading

Why the Florida Legislature Needs to Fix Condo Sprinkler-System Problem | Sun Sentinel Opinion

Posted in Common Areas, Fire Sprinklers, Safety and security, Uncategorized, Water Sprinklers

For more than a decade older high-rise condominiums throughout Florida have been discussing, debating, and exercising their legal rights with regard to sprinkler system retrofitting requirements. In 2003, the Florida Legislature responded by allowing each community to vote to opt out of sprinklers inside their units and the right to opt out of installing an… Continue Reading

Florida Condominium and HOA Fining Laws are Slightly Different

Posted in Covenant Enforcement/Violations, Legislation, Suspensions, Fines & Remedies, Uncategorized

Question: There seems to have been a lot of change in the law about fining. Has the legislature finally made the condominium statute and the homeowners’ association statute the same on this issue? (C.M. by e-Mail) Answer: More or less. The legislature is getting closer to making the statutes identical, but there are still a… Continue Reading

Community Association Leadership Lobby What Community Association Bills Have Been Filed So Far?—CALL Alert for February 1, 2017

Posted in Budgets, Reserves & Financial, CALL Alert, Legislation, Uncategorized

The Florida Legislature met in Talahassee for two weeks in January, but so far, no community association bills have been heard in committee. The House Judiciary Committee, chaired by Representative Chris Sprowls, did hear a presentation about “Condominium Terminations” and the termination provisions in Section 718.117, Florida Statutes.  We expect that there will be legislation… Continue Reading

What are Pooled Reserves and How do we Implement Them?

Posted in Association Documents, Budgets, Reserves & Financial, Meetings, Uncategorized

Question: I am a new director on my condominium association board. At a recent board meeting, there was a discussion about switching to “pooled” reserves. What are pooled reserves and what does the association have to do to implement pooled reserves? R.G. Answer: Cash flow funding of condominium reserves, often referred to as the “pooling”… Continue Reading

Manager’s Minute, October 2016

Posted in Managers (CAMS), Uncategorized

Welcome to this issue of Manager’s Minute! Can you believe we are in the home stretch of the end of the year? Boy, did this year fly by. Lots of action in the community association field as well – important court rulings, HUD guidance on using criminal background checks to deny applicants and residents creating… 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

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

HOA Reserve Accounts: What Are You Missing?

Posted in Budgets, Reserves & Financial, Common Areas, Fiduciary Duty of Board of Directors, Operations, Uncategorized

Maintenance, repair and upgrade of the common areas of a community can be costly, and reserve accounts can be a great planning tool for large projects. In 2007, Section 720.303(6) of the Florida Statutes was added to the Florida HOA Act establishing procedures and rules related to reserves if a) they were originally established by… Continue Reading

Becker & Poliakoff Announces Free Condo and HOA Seminars

Posted in Uncategorized

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. With this many available options, it is easy for your board and manager to have the tools you… Continue Reading

CALL 2015 Legislative Guide for Community Associations is Now Available

Posted in CALL Alert, Legislation, Uncategorized

Becker & Poliakoff and the Community Association Leadership Lobby (CALL) want you to know that the2015 Legislative Guide for Community Associations is now available for viewing and printing. There is one Legislative Guide that addresses all three types of shared-ownership communities (condominiums, cooperatives, and homeowners’ associations). The Legislative Guide includes a comprehensive summary of the… Continue Reading

Can the Association Board of Directors Limit the Amount of Pets on a Property?

Posted in Rules & Regulations, Service Animals/Emotional Support Animals, Uncategorized

Question: If the restrictive covenants of a H.O.A. in Florida allow for “traditional” household pets to be kept (dogs, for instance)—provided that they are not kept for commercial purposes—does the Association Board of Directors have the authority to adopt rules limiting the NUMBER of dogs kept on a particular property? – R.W. Answer: If the… Continue Reading

Insurance Claim Seminar in Ft. Lauderdale on September 18, 2014

Posted in Events, Hurricane/Disaster Issues, Insurance, Uncategorized

The Most Common Community Association Directors & Officers Claims Insurance industry Expert, Joel Meskin, VP of Community Association Insurance & Risk Management at the McGowan Companies will be making a special guest appearance in Florida to discuss the do’s and don’ts of properly insuring and protecting your board of directors from lawsuits and losses. The… Continue Reading

Community Update 2014, Volume 6

Posted in Community Update, Official Records, Rules & Regulations, Uncategorized

There have been numerous articles in the press regarding forced sales of condominium units. A law adopted in 2007 changed the procedure to terminate a condominium. Do you understand the termination process? As an owner, do you have any say in whether the condominium terminates? What happens to your mortgage? Our feature Article, Termination of… Continue Reading

Donna DiMaggio Berger Rejoins Becker & Poliakoff Community Association Law Practice Group

Posted in Uncategorized

FT. LAUDERDALE, FL, March 5 — Becker & Poliakoff is pleased to announce that attorney Donna DiMaggio Berger has rejoined the firm’s Community Association Law practice group as a shareholder in Ft. Lauderdale. Ms. Berger served as a member of the firm’s Community Association Law practice group from 1992 to 2007. In 2007, she joined… Continue Reading

Kenneth S. Direktor Admitted to College of Community Association Lawyers

Posted in Uncategorized

FT. LAUDERDALE, January 28, 2014 – Kenneth S. Direktor, chairman of the Becker & Poliakoff Community Association Law Practice Group, has been granted membership in the College of Community Association Lawyers (CCAL). Mr. Direktor is one of fewer than 150 attorneys nationwide to be admitted to the prestigious organization. Members in the College are among… Continue Reading

What do you really learn from tenant, buyer or employee screening?

Posted in Uncategorized

I read something today that really made me think about community associations screening potential tenants, purchasers or even employees.  Did you know there are companies that will provide fake or false references?  Both CareerExcuse.com and thereferencestore.com boast they can create an entirely new work history by, among other things, acting as your past employer, creating… Continue Reading

Join us for a full day of education

Posted in Uncategorized

              FREE C.E.U. Credits in IFM/OPP/HR Exclusively for Community Presidents, Board and Committee Members, Alliance Delegates, Alternates, and Property Managers. Call the number above for more information and to register. Don’t miss this important event.

Kickoff Cocktail Reception for 2014 Florida Communities of Excellence Awards

Posted in Events, Uncategorized

Is your Community Excellent? Is Your Manager Excellent? You are  invited you to a Kickoff Cocktail Reception for the 2014 Florida Communities of Excellence Awards. Thursday, November 21 5:30 PM – 7:30 PM Becker & Poliakoff/Taylor & Carls [map] 150 N. Westmonte Drive Altamonte Springs, FL  32714 Who Should Attend? Board Members and Unit Owners,… Continue Reading