As the school year begins, it’s a great time to open the door to fresh ideas and new opportunities. This edition of CUP covers everything you need to stay organized and prepared for the year ahead. We dive into condominium budgets, contract reviews, and Florida’s latest law on recording Zoom board meetings. We also celebrate 43 Becker Attorneys recognized in the 2026 edition of The Best Lawyers in America®. Don’t miss Becker’s 2025 Legislative Guidebook which provides a detailed overview of each new law, its implications, and practical steps for compliance.
All Condominium and Cooperative Associations are required to create and maintain an online account with DBPR on or before October 1, 2025. Bryony G. Swift outlines the new requirements and provides guidance in “New in 2025: Condos, Co-ops, and CAMs Must Create and Maintain an Account With DBPR.”
Navigating membership meetings and proxy usage is vital for effective governance. S. David Cooper clarifies the distinction between general and limited proxies and how their use differs between condominiums and HOAs in the timely article, “Understanding Proxies in Florida Community Association Meetings.”
For more information on navigating membership meetings, check out this episode of Take It To The Board!
Brandon R. McDowell provides a clear overview of the legal requirements for inspecting and copying official records in both condominium and HOAs. Make sure your board understands the latest requirements to stay compliant and avoid costly mistakes in this timely video, “Inspection and Copying of Official Records.”
It’s important for associations to understand the distinction between necessary maintenance and material alterations in condominium projects. “THIS CASE: Cottrell v. Thornton,” by Joseph Arena, serves as a reminder for associations to obtain legal advice about whether a project may move forward without a membership vote.
Articles
New in 2025: Condos, Co-ops, and CAMS Must Create and Maintain an Account With DBPR
By: Bryony G. Swift
The legislature passed a new law during the 2025 legislative session requiring all Condominium and Cooperative Associations to create and maintain an online account with DBPR on or before October 1, 2025. A whole host of information will be required by DBPR and must be provided in electronic format. The information required includes board member and manager contact information, information about the buildings within the condominium or cooperative, information on the assessment rate and any special assessments, a link to the Association website and a copy of the Association’s structural integrity reserve study, if any. Any change in contact information must be updated within 30 days from any change.
Understanding Proxies in Florida Community Association Meetings
By: S. David Cooper
Navigating membership meetings and proxy usage is vital for effective governance. A proxy is a written authorization allowing a designated person (proxyholder) to vote on a member’s behalf, ensuring representation for non-attending members and aiding with obtaining a quorum.
Inspection and Copying of Official Records
In this video, Brandon R. McDowell provides a clear overview of the legal requirements for inspecting and copying official records in both condominium and HOAs. He explains key timelines, penalties for noncompliance, and recent statutory updates, including new obligations for condominium associations. Watch the full video to ensure your association stays compliant and avoids costly consequences.
Cottrell v. Thornton
449 So. 2d 1291 (Fla. 2d DCA 1984)
By: Joseph Arena
Determining whether a project at a condominium association constituted necessary maintenance or a material alteration is the issue at the heart of THIS CASE. This 1984 decision concisely addresses something that continues to be the source of questions and disputes in condominium associations—whether membership approval of a project is required to be obtained.
Here, as with most condominium associations, the board of directors had the power and discretion to maintain the common elements but was required to seek and obtain unit owners’ approval before materially altering them. Owners sued over a special assessment levied by the board of directors without a membership vote. The special assessment was needed to fund work on the common elements.
The association and its president prevailed in THIS CASE by convincing the court that the work funded by the special assessment constituted necessary maintenance and did not include material alterations. The work addressed “remedying severe problems with the common elements” including stopping canal erosion, repairing cracks in the swimming pool, and filling in potholes in the roads. The appeals court relied upon the trial court’s finding that the work did not include “substantial additions or alterations” and instead was only comprised of “necessary repairs”. So, the court concluded that obtaining a membership vote to approve the project was not required.
THIS CASE articulates concepts about which condominium association board members and property managers would benefit from remaining mindful. Making changes to the common elements or to association property other than for necessary maintenance purposes or as necessary to prevent damage to the common elements will often require a membership approval vote. In contrast, work performed on the common elements and/or on association property that is either necessary to maintain or repair improvements on the common elements and/or on association property or necessary to protect the common elements from damage will often not require a membership approval vote.
Because legal challenges can arise like the one in THIS CASE, it is recommended for condominium associations to obtain legal advice about whether a desired project may move forward without a membership vote.
Law.com Op-Ed: Smile, You’re on Condo Camera—Florida’s New Law on Recording Zoom Board Meetings
Law.com
By: Donna DiMaggio Berger
Becker Shareholder Donna DiMaggio Berger was recently published in Law.com, offering her take on Florida’s new mandate that condominium associations record and retain virtual board, membership, and committee meetings for one year. While the law aims to boost transparency and accountability, Donna examines how it may also introduce privacy risks, security vulnerabilities, logistical hurdles, and reduced participation. She discusses the legislative intent behind the rule, weighs its benefits, and highlights why a more balanced, flexible approach could better serve communities without creating unintended consequences.
To read the full article in the Daily Business Review, click here (subscribers only).
Question of the Month
This column is the fifth installment exploring the 2025 changes to the statutes made by House Bill 913. Becker Shareholder Joseph Adams breaks down the changes to the statutes on year-end financial reporting requirements and official records rules.
Condominium Budgets, Reserves, and Insurance, Oh My!
FLCAJ Magazine
By: Elizabeth A. Lanham-Patrie
As budget season approaches for condominiums, it would behoove the association to start a little earlier this year. Thanks to House Bill (HB) 913, there are numerous changes to Chapter 718. This bill was signed by the governor on June 23, 2025, and went into effect on July 1, 2025. As a preliminary matter, Section 718.112(2)(e), Florida Statutes, has been amended to provide budget meetings may be conducted by video conference. Video conference has been defined in Section 718.103 by adding subsection (33).
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.
For more information, contact your Becker attorney.
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 $25, 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?”
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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- Every Drop Counts– Why Your Building’s Water Quality Matters More Than You Think
- Take It To The Board’s 100th Episode Milestone— From Building Castle Group to Industry Icon: A Conversation with James Donnelly
- Beyond the Boardroom: Eastern Medicine for Western Problems, with Dr Tai Johnson
- Storm-Ready in Seconds: How Shark Tank’s StormBag Is Changing Hurricane and Severe Weather Prep
- When ICE Shows Up: What Every Private Community Should Know with Immigration Icon Ira Kurzban
- Lights, Cameras, Condos– Film Productions in HOAs
- Safety at Your Fingertips with Geno Roefaro of SaferWatch
- Re-Release: Keeping Cool With Jane Gilbert, Chief Heat Officer, Miami-Dade County
- Why Every Contract Needs to Be Reviewed with Becker’s James Robert Caves
Why Every Contract Needs to Be Reviewed with Becker’s James Robert Caves
“Most people don’t read the fine print until it’s too late.” This warning from Take It To The Board host, Donna DiMaggio-Berger sets the stage for a crucial conversation with guest and Becker shareholder James Robert Caves about common contract mistakes threatening community associations across Florida.
Drawing on decades of experience drafting, negotiating, and untangling problematic contracts, Donna and Rob reveal why the distinction between proposals and contracts matters, and how seemingly innocent “boilerplate” language can become a community’s worst nightmare. The discussion exposes how vendors strategically include provisions that protect their interests while limiting their liability – often capping damages at the contract amount regardless of the severity of potential future harm.
Installing Security Cameras In Your Condominium
FCAP Managers Report
By: Nicolas M. Jimenez
There are countless reasons that your condominium association may benefit from installing security cameras around the condominium. However, your condominium association should always consult its legal counsel before doing so, as security cameras often trigger nuanced issues that risk civil and criminal liabilities that may not be immediately apparent to your community.
DID YOU KNOW?
43 Becker Attorneys Recognized in 2026 Best Lawyers in America®, Including Four Named “Lawyer of the Year”
The 2026 edition of The Best Lawyers in America®, one of the most respected peer-review publications in the legal field, has honored 43 Becker attorneys across a wide range of practice areas.
We are especially proud to celebrate four shareholders—Donna DiMaggio Berger, Bernard Friedman, Sanjay Kurian, and Lee Weintraub—who were named “Lawyer of the Year,” a distinction awarded to attorneys receiving the highest overall peer feedback in their specialty and region. Ms. DiMaggio Berger was recognized for Community Association Law; Mr. Friedman for Government Law & Relations; Mr. Kurian for Construction Litigation; and Mr. Weintraub for Construction Law.
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:
EDITORS
