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Today begins our annual review of new legislation affecting community associations in Florida. The main piece of legislation derives from House Bill 81, which will become law on July 1, 2018. HB 841 affects condominiums, cooperatives and homeowners’ associations. We will begin with a look at changes to the condominium laws.
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Q: My condominium is taking a vote to authorize renovations to our lobby. Could the board e-mail the owners for their votes instead of holding a meeting? Are owners allowed to vote using e-mail? (S.B. via e-mail)
A: No. Section 718.112(2)(d)5 of the Florida Condominium Act …
Q: Do condominium owners have a say in approving the annual budget? (D.J. via e-mail)
A: Unit owners do not have the right to adopt or approve a proposed budget as a matter of law. The association’s bylaws will address how the budget is …
Q: I have heard that there is a new law requiring condominium associations to have a website. Is that true? (J.L. via e-mail)
A: Yes, although the law has somewhat limited application. First, it is worthwhile to note that the 2018 Florida Legislature passed …
By Joseph Adams Posted on 
Q: In a homeowners’ association, can residents request items be added to the agenda for board meetings, or can only directors do this? If so, is there a deadline by which items must be placed on the agenda in order to give residents adequate notice about the items to be discussed? …
By Howard J. Perl Posted on 
Whether you live in a condominium, cooperative or homeowner association, the Statute governing your community defines the term “official records.” In defining official records, each Statute has a catch-all provision.
All other written records of the association not specifically included in the foregoing which are related to the operation of the …
By Elizabeth "Beth" A. Lanham-Patrie Posted on 
An association’s officers and directors, along with their family members and anyone who has a financial relationship with the director and/or officer, are completely prohibited from entering into an agreement with the condominium association.
Prior to July 1, 2017, §718.3026(3), Florida Statutes, was the only statute applicable regarding conflicts of interest. It …
By David G. Muller Posted on 
Several states (including Florida) have banned smoking in most public places. The gradual move toward smoke-free condos, and the extent of a board’s authority in this arena, is the source of much debate within the state. The Florida Clean Indoor Air Act, found at Chapter 386 of the Florida Statutes, provides a uniform statewide …
By Candace C. Solis Posted on 
If your Community Association has been spared from bankruptcy in the last decade count yourself lucky. Bankruptcy, in general, is intended to (1) provide a fresh start for the honest, but unfortunate debtor (delinquent owners), and (2) provide equal treatment of all Creditors (including the Association). Unfortunately, Bankruptcy has also become a safe haven …
By Hugo Alvarez, Esq. Posted on 
No! If Hurricane Irma taught us anything it is that adequate preparation before the storm will go a long way towards addressing issues after the storm.
Now is the time for associations to communicate with its owners about insurance- and liability-related issues. One of the often-confusing areas for many is understanding the …
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.
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