In a few short months, the 2025 hurricane season will be upon us, and it is important to start planning ahead.
For many years, the Condominium Act provided that each board of a residential condominium was required to …
What Is the Difference Between Mediation and Arbitration?
Whether you are a member of a condominium association or homeowners’ association, the respective statutes require the owners and the association to engage in alternative dispute resolution for certain disputes before a complaint is filed in court. The two types …
Fire Sprinkler and ELSS Deadlines Extended by Florida Fire Prevention Code
For those of you who own a condominium unit in a high-rise building, you are keenly aware of the many changes through the years to the fire safety requirements for high-rise buildings. The Condominium Act, in Section 718.112(2)(n), Florida Statutes, …
Board Member Code of Conduct
The law specifically provides that Board members have a fiduciary relationship with the owners and requires Board members to disclose conflicts of interest. However, the law does not specifically address acceptable (and unacceptable) behaviors for discharging these responsibilities. As such, …
Holiday Decorations – Ho, Ho, Ho or Bah Humbug?
As the holiday season approaches, it is a good time for associations to consider its authority regarding outdoor holiday decorations. Every community is different, and opinions vary about when the holiday decorations should be put up and “how much” is …
Do Robert’s Rules of Order Apply to Community Association Meetings?
I have many times heard complaints from owners (and sometimes board members) that the association is not following Robert’s Rules of Order (“Robert’s Rules”) during their board and/or owner meetings. Robert’s Rules is a well-known manual of parliamentary procedures which …
HOA Rental Amendments
The Homeowners’ Association Act (Chapter 720, Florida Statutes) was amended during the 2021 Legislative Session to address a homeowners’ association’s authority to adopt amendments to its governing documents pertaining to rentals. The new law, Section 720.306(1)(h), Florida Statutes, became effective …
2022 Legislative Session in Florida Wrap Up with Yeline Goin, Becker & Poliakoff
Many task forces were convened in the aftermath of the Surfside tragedy, including one by the Florida Bar. All of those task forces urged the passage of new laws pertaining to reserve funding and engineering. However, the 2022 Legislative Session …
Natural Gas Fuel Stations
A few years ago, the Florida Legislature recognized that the use of electric vehicles conserves and protects the state’s environmental resources, provides significant economic savings to drivers, and serves an important public interest. As a result, the Legislature created Section …
Can Remote Meetings Be Held Now That the State of Emergency Has Expired?
The “state of emergency” that had been imposed by Governor DeSantis in light of the COVID-19 pandemic expired on June 26, 2021. As a result, the “emergency powers” given to condominium, cooperatives, and homeowners’ associations in Sections 718.1265, 719.128, and …