As summer approaches, community associations should prioritize proactive maintenance, emergency preparedness, and effective operational planning. From hurricane readiness and managing conflict within communities to understanding insurance obligations for HOAs, this issue of CUP offers something for everyone. Plus, don’t miss Becker’s featured podcast on managing not just your day, but your overall association operations, with organizational strategist Dr. Edward Gurowitz.
Not every unpleasant situation in a community association rises to the level of a legal nuisance. Joseph Markovich explains how Florida courts evaluate nuisance claims, the role governing documents play in enforcement, and why community living often requires balancing individual rights with the peace and harmony of the association in “How Would a Court Determine if Something Is a Nuisance?”
Subrogation is a legal concept that frequently arises in community association operations, particularly in the context of property damage claims. While the term may sound technical, the underlying principle is straightforward and important for board members to understand. Jonathan R. Zim highlights everything you need to know in “Subrogation Explained for Board Members.”
Michelle H. Kaiser explains four essential items every condominium association should have prepared for a successful election, from owner lists and voting materials to tally sheets and basic office supplies. Help your board stay organized and compliant during election season in this practical video, “4 Things You Need to Have Available at Your Condo Election.”
Ratification of corporate actions is at the center of THIS CASE. Jay Roberts explains how boards may be able to correct certain procedural mistakes through proper ratification and highlights the importance of consulting legal counsel when procedural issues arise in “THIS CASE: Wimbledon Townhouse Condominium I Association, Inc. v. Wolfson.”
Articles
How Would a Court Determine if Something Is a Nuisance?
By: Joseph Markovich
Among the multitude of challenges that community association boards and managers face daily, nuisance complaints often present particularly thorny issues. Not every unpleasant situation rises to the level requiring the Association’s intervention and knowing where to draw the line is crucial for effective governance.
Subrogation Explained for Board Members
By: Jonathan R. Zim
Subrogation is a legal concept that frequently arises in community association operations, particularly in the context of property damage claims. While the term may sound technical, the underlying principle is straightforward and important for board members to understand.
4 Things You Need to Have Available at Your Condo Election
In this video, Michelle Kaiser outlines four essential items every condominium association should have prepared for a successful election. She explains the importance of proper election preparation, including maintaining owner lists, providing extra ballots and envelopes, and organizing tally sheets to help ensure compliance with Florida requirements and a smooth voting process. Watch the full video to help your association stay organized, efficient, and election ready.
Wimbledon Townhouse Condominium I Association, Inc. v. Wolfson
510 So.2d 1106 (Fla. 4th DCA 1987)
By: Jay Roberts
Ratification of corporate actions is at the center of THIS CASE. In 1984, there was a water leak at a condominium building. The association’s board of directors met and approved having construction professionals inspect and repair the area of the roof causing the leak (this occurred at Meeting #1). The meeting minutes from Meeting #1 did not reflect that a special assessment was levied to fund the repairs. Thereafter, the board of directors met again to ratify the special assessment (this occurred at Meeting #2). Wolfson failed to pay the special assessment, and the association recorded a claim of lien against his condominium unit. Wolfson filed a lawsuit to vacate and cancel the claim of lien. The association counterclaimed for damages and to foreclose its claim of lien. The trial court refused to allow the introduction of the meeting minutes from Meeting #2 for the purpose of showing that the board of directors properly ratified the special assessment that was meant to be adopted at Meeting #1 and entered a directed verdict in favor of Wolfson. The association appealed. After review, the appellate court explained that the trial court had erred by not allowing the meeting minutes from Meeting #2 into evidence to show that the association’s board of directors properly ratified the special assessment, and the appellate court remanded the lawsuit back to the trial court for further proceedings with the meeting minutes from Meeting #2 being allowed into evidence.
So why does THIS CASE matter? Of course, it is important to follow all proper procedures when taking board action. However, if it is discovered that something was not done properly, THIS CASE stands for the proposition that the board may, in most circumstances, fix the procedural shortcomings by properly ratifying the action. Should your association have any questions regarding proper procedures for actions it plans to take, you should contact the association’s counsel.
Question of the Month
Q: I own a home in an association and there have been ongoing discussions regarding what type of insurance our homeowners’ association must carry. Our homes are townhouse style with common walls and roofs and there has been confusion as to the type of property insurance policies that the association must have. Does Florida law specify what type of insurance homeowners’ associations like ours must carry?
Becker Attorneys Author U.S. Chapter in Global Legal Insights – AI, Machine Learning & Big Data 2026
Becker shareholder Jon Polenberg, along with attorneys Alyssa Weiss, Gabrielle O. Sliwka, and Rayaan A. Hossain authored the United States chapter in Global Legal Insights – AI, Machine Learning & Big Data 2026, published by Global Legal Group.
Chapter 26 – USA provides a comprehensive overview of the legal and regulatory landscape surrounding artificial intelligence, machine learning, and big data in the United States. The chapter explores key issues impacting businesses and organizations operating in the AI space, including data privacy, cybersecurity, intellectual property, governance, liability considerations, and emerging regulatory developments.
Maintaining Order—Managing Conflict in Community Associations
Florida Community Association Journal
By: Jennifer L. Biletnikoff
Living in a community association sounds simple—you have shared amenities (without the maintenance headaches that go along with it), professionally maintained properties, and social connections and offerings without having to leave your community. However, living in a community association also means shared personalities with differing opinions…and not all personalities are easy to manage. From the chronic rule-breaker and the resident who challenges every decision or questions every act of the board to the director who believes that screaming or belittling is an effective form of communication, difficult people can quickly turn routine governance into daily conflict and chaos. In Florida condominium and homeowners’ associations, where laws, rules, and personalities constantly intersect, having tools to address these situations is not just helpful—it’s essential. The fine line between calm and chaos often comes down to how effectively you manage the people who test the system the most.
Announcing Becker’s On-Demand Class Library
The Florida law mandates that board members of HOAs, Condominiums, and Co-ops take continuing education classes annually.*
Please see our on-demand class library for an extensive list of DBPR approved classes.
Managers and board members of non-clients are welcome to take our courses for $50, unless otherwise specified. Courses are always free for board members of firm clients.
*Breakdown of class requirements for board members and managers of HOA’s, Condominiums, and Co-ops: New Florida Educational Requirements for Board Members and Managers – Frequently Asked Questions
Frequently Asked Questions regarding Becker classes: Becker Classes FAQs
Can They Do That?
Becker’s “Can They Do That” video series tackles some of the unique problems that homeowners and renters face today. We answer your questions, no matter how far-fetched they may seem. From service animals to nudists in your community, we get to the bottom of it and let you know – “Can They Do That?”
BHA Hurricane Preparedness Panel at Zuma Miami
Thank you to everyone who joined the Brickell Homeowners Association Hurricane Preparedness Panel at Zuma Miami for an important discussion on protecting communities, properties, and residents ahead of hurricane season. Becker shareholder Donna DiMaggio Berger, Esq served as moderator for a dynamic conversation featuring industry leaders sharing practical insights on insurance, restoration, communications, engineering, and legal preparedness.
Special thanks to panelists:
- Joe Thompson, Acrisure Insurance
- Nataly Vazquez, Becker Law Firm
- Jorge Cabada, Fortify Restoration
- Justin Mila, Hotwire Communications
- Marco Mignone, PE, Epic
Becker Steps Up to the Mic with Podcast,
‘Take It To The Board with Donna DiMaggio Berger’
Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To the Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle. Don’t have a streaming app? You can now find all episodes on YouTube! Click here to listen now.
RECENT EPISODES:
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- From Crisis to Compliance– An Engineer’s Explanation of Milestone Inspections and SIRS in Florida Condos
- How Better Business Bureau Tools Can Help Boards Make Safer Hiring Decisions
- A Recall Roadmap — From Petition to Resolution, with Becker’s Jonathan J. Ellis
- What You Need to Know About Conspiracy Theories with University of Miami Professor Joseph E. Uscinski
- Why, When and How to Update Your Governing Documents
- What a Bank Loan Can and Cannot Do For Your Association
- What Boards and Managers Need to Know About Residents Aging in Place
- Do EVs, E-Bikes and Other Devices Present a Community-Wide Fire Risk
- The Power Hour For HOA Leaders, with Organizational Strategist Dr. Edward Gurowitz
- SUMMER SERIES: Fan Favorite – Checking In On Background Checks: What’s In, What’s Out and What’s Questionable? with Robert E. Sanchez of Sarma
The Power Hour For HOA Leaders, with Organizational Strategist Dr. Edward Gurowitz
Most Board Members and Managers start their day with a plan which can quickly become derailed when, due to various events and challenges, pure reaction mode is activated. Emails explode, “urgent” problems crowd out the important work, and before you know it, you are stuck putting out fires instead of leading. There is a better way to manage not only your day but your overall association operations, so Take It To The Board host Donna DiMaggio Berger sat down with Dr. Edward Gurowitz, a PhD psychologist and organizational strategist, to talk about the simple practice he calls the Power Hour: protecting one intentional, highly focused hour each day to move from reactive governance to responsive, proactive leadership.
DID YOU KNOW?
Hurricane Season Runs From June 1 to November 30
Community Association boards and managers should ensure that their communities have adequate disaster planning measures in place as hurricane season approaches. To help you in weathering the storm, check out Becker’s Hurricane Guide which provides important tips and information to help protect your community.
If you have new members on your board or a new manager for your community and want them to be part of our Community Update, have them subscribe here:
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