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By Joseph Adams
Posted on 
Q: My homeowners’ association is currently under developer control. Does a developer-controlled homeowners’ association have to hold open and noticed board meetings? (B.P., via e-mail)
A: Yes. Section 720.303(2) of the Florida Homeowners’ Association Act contains the legal requirements for board meetings. The statue requires that notice of …
By David G. Muller
Posted on 
Editor’s Note: David G. Muller is a Board Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A., which represents community associations throughout Florida, with offices in Naples, Fort Myers and 10 other Flor…
By Joseph Adams
Posted on 
In 2017, the Florida Legislature passed a law which stated that condominium directors could not serve more than 4 consecutive 2-year terms, essentially creating an 8-year term limit.
The obvious immediate question was whether this law would be applied retroactively (reach back to prior years of service to determine if a director …
By Donna DiMaggio Berger
Posted on 
Shareholder Donna DiMaggio Berger appeared on the Money Matters Top Tips Podcast with host Adam Torres. During this guest spot, she speaks to her vast experience including how she knew she wanted to become an attorney, how she helps her Community Association clients, legal issues unique to the condominium arena, and much …
By Joseph Adams
Posted on 
Q: A friend of mine owns a townhome in a coastal community in Florida. He asked the HOA board if they can come up with a storm shutter policy under Florida Statute 718.113. The board replied that the HOA is not a condo HOA, based on the declaration, hence 718.113 does not apply. …
By Donna DiMaggio Berger
Posted on 
Raised voices, reddened faces and angry gestures. You might think you are watching a Congressional hearing on C-SPAN, but you are at your community’s board meeting.
The erosion of civility in our society has begun to manifest itself in private residential communities. This comes in many …
By Jeremy Shir
Posted on 
Have you received a letter from your City stating that you are in violation of their Code? It can cause much anxiety, especially as the letter may not be written in a way that makes sense. It probably also mentions that you will start accruing fines and liens will attach to your property unless …
By Joseph Adams
Posted on 
Q: My condominium association board recently said it is considering replacing all of the roofs on our buildings and taking out a big loan pay for it. Don’t unit owners have to vote on this? (M.M, via e-mail)
A: The Florida Condominium Act does not specifically address the …
By Joseph Adams
Posted on 
Q: There has been confusion in my homeowners’ association regarding the vote required to approve amendments. We understand that the law states that the quorum for a members’ meeting cannot exceed 30% of the membership. However, our documents state that two-thirds of all owners must vote to approve amendments to our declaration. Is …
By Shayla Mount
Posted on 
There are two recent cases of which community association boards should be particularly aware of. Both cases involved residents who were injured by third parties but who filed suit against their association claiming that the association was also partly responsible for their damages because of their failure to enforce the rules and restrictions in …
Becker, with headquarters in Fort Lauderdale, FL., is a multi-practice commercial law firm with attorneys, lobbyists and other professionals at offices throughout the East Coast.
