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Community Update

August 2018

In this Issue

With back-to-school season in full swing we don’t want you to miss out on your share of continuing education – certainly not when it comes to the board member or management responsibilities you have for your community. After all, why should the kids have all the fun? In this issue, we aim to provide you the schooling you need to keep things running smoothly – no apples necessary.

Our featured article, Do My HOA’s Rules Have to be Recorded?, gives you the answer you may not be aware of in light of a new law that went into effect on July 1, 2018.

Is it Time to Amend Your Condominium Declaration? discusses whether you should and just how to revise your covenants both to keep up with changes in the statutes governing the community and also with changes in a community’s needs.

For those Associations contemplating significant improvement and/or construction work, Is a Bid Required? helps to answer the question that Boards and members have whenever Association funds are going to be spent for maintenance and renovation projects.

Weathering the Storm of Unexpected Community Association Financial Needs discusses the importance of understanding an Association’s finances and how best to plan for the proverbial rainy day – when your association needs to draw on funds for unanticipated expenses.

We also discuss the on-going importance of and myriad reasons for ongoing association maintenance in Maintaining Now to Prevent Future Liability.

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 community, have them subscribe:

See you in our next issue!

Marilyn J. Perez-Martinez, Editor

  • Is It Time To Amend Your Condominium Declaration?

    Does your Declaration of Condominium still refer to Chapter 711 as the Florida Condominium Act? Well, maybe it is not that old, but perhaps it has been a decade since it has been revised. If that is the case, then it may be time to amend the governing documents to ensure that they include …

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  • Is a Bid Required?

    Certain contracts entered into by a condominium association require competitive bidding. Section 718.3026(1) of the Florida Condominium Act requires competitive bidding for contracts related to the purchase, lease, or renting of materials or equipment, or for the provision of services, which require payment by the association which (in the aggregate) exceeds 5% of the …

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  • Weathering the Storm of Unexpected Community Association Financial Needs

    In Florida, particularly in the summer months, a beautiful sunny day can suddenly morph into a torrential downpour. Similarly, an association with no obvious financial problems can suddenly find itself in the perfect storm that arises when restrictive financial language in governing documents, unexpected-yet-necessary repairs and a shortage of funds collide. There are various …

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  • Maintain Now to Prevent Future Liability

    Summer is a great time in Florida. It means warmer weather, outdoor grilling, family vacations, lounging by the pool, and tans. It also means increased humidity, mosquitos, sun burn, and more need for air conditioning. For Associations it is a time not for relaxing but for checking their properties and continuing with their maintenance …

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Did you know?

You very well may know that Lilliana Farinas-Sabogal is a shareholder in Becker’s Community Association group. Did you also know that she’s part of our Business Litigation group? That’s right. In addition to her experience assisting community associations and being one of only 129 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law, her practice further extends to involvement and expertise in appellate drafting, practice and proceedings. She has handled appeals involving a broad range of subject matters and argued before a number of tribunals.

Far from being all work and no play, though, Lilliana knows how to relax. Whether she’s working out or practicing yoga (rumor has it she’s even taught a class or two in her day), she knows that balance is key. She also knows where to find it, with Turks and Caicos, St. Lucia and anywhere on the Italian coastline among her favorite vacation spots. Beware the rainy days though – friends and family know that the Trivial Pursuit board will likely make an appearance. For ten years Lilliana was an adjunct professor at St. Thomas University School of Law, where she taught Appellate Advocacy and Advanced Legal Research and Writing. You’ll often see these skills on display in these pages, this month with her article Weathering the Storm of Unexpected Community Association Financial Needs.