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Community Update

December 2022

In this Issue

Top 5 Community Update Articles of 2022



Given the fiduciary responsibilities of directors and officers to the members of their homeowners’ association, it is important to understand when reserve funding is mandatory under the Florida Homeowners’ Association Act. Karyan San Martano discusses more in,Statutory and Non-Statutory Reserves in Homeowners’ Associations.”.


The new law passed by the Legislature, known as “SB 4-D”, became effective May 26, 2022, and contains various important deadlines for compliance. Rosa de la Camara provides a crib sheet to help Associations in, Do Not Miss These Deadlines.”


Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency. Learn more about transparency through statutory provisions in, Statutory Meeting Requirements,” by Joseph Arena.


Electric vehicles are commonplace in our society and with the price of gas skyrocketing, more people will consider purchasing them. Kevin Edwards breaks down charging stations installation in, Electric Vehicle Charging Stations on the Common Elements.”


Every five years the Department of Business and Professional Regulation updates the permitted estoppel fees. Learn about these changes in, Estoppel Fees Have Increased by Robert Caves.

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:


Mark D. Friedman, Esq.
Mark D. Friedman, Esq.
Jay Roberts, Esq.
Jay Roberts, Esq.



Question of the Month

Q: An issue recently arose in my homeowners’ association regarding who may be a candidate for election to the board of directors. A resident in the community, who is not on the deed of the home, has expressed an intent to run for the board. However, can a non-owner serve on the board of directors of a homeowners’ association?

Joseph Adams discusses this and more!



As leaders in Community Association Law, we not only helped write the law – we also teach it.

Did you know Becker provides over 200 educational classes per year throughout the State of Florida on a variety of topics ranging from board member certification to compliance, and everything in between? Our most popular classes are now available online!


To view our entire class roster, visit: beckerlawyers.com/classes


Happy Holidays!

Becker is tremendously grateful to our clients, colleagues, and communities and wish you a joyous, healthy, and prosperous holiday season!

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?”

Catch up on past episodes from this series here.


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.


    • Royal Service with James Donnelly
    • Fiscal Finesse with Nicole Johnson-Pendergrass
    • Nuisance or Necessary: Solving the “Pet” Problem with JoAnn Burnett
    • The Technology Tango with Brett Fielo
    • Community Immunity with David Ramsey
    • Considering the Cost of Counsel with Denise Lash
    • Rules & Refereeing with Howard Perl
    • The Mental Health Challenge with Chris Ayub
    • Reserve Funds & Studies with Robert Nordland
    • Association Advocacy with Commissioner Mary Molina-Macfie
    • The Job of the Journal with Michael Hamline
    • HR Hacks with Jamie Dokovna – Part 1
    • HR Hacks with Jamie Dokovna – Part 2
    • The Art of Community Design with Patty Mowry
    • Heart of Service with Stephanie Maher
    • The Making of a Manager with Otto Freund
    • Happy Holidays, Healthy Communities with Andrew Fortin
    • Ensuring Community Association Safety with Platinum Group Security
    • Building Basics with Construction Counsel Patrick Howell
    • Keeping Cool with Jane Gilbert, Chief Heat Officer, Miami-Dade County
    • 2022 Legislative Session in Florida Wrap Up with Yeline Goin, Becker & Poliakoff
    • The Current Crisis with Florida’s Real Property Insurance with Andrea Northrup, Vice President of Insurance Office of America (Part 1)
    • The Current Crisis with Florida’s Real Property Insurance with Andrea Northrup, Vice President of Insurance Office of America (Part 2)
    • The Smoker’s Dilemma with Dennis Eisinger of Eisinger Law
    • Assessing Collections with Joy Mattingly, Becker & Poliakoff
    • Mapping the Terrain of Landscaping for Community Associations with Brian Steele, Director of Operations, East Coast Facilities
    • Successful Community Association Living Starts With the Purchase Decision with Marisa DiLenge, Founder of DiLenge Real Estate Team (Part I)
    • Successful Community Association Living Starts With the Purchase Decision with Marisa DiLenge, Founder, DiLenge Real Estate Team (Part II)
    • To Lend or Not To Lend with Brewster Cole, First Vice President, Valley National Bank
    • Florida Representative Dan Daley on How We Get the Laws We Get
    • A Novel Approach: Coaching for Community Association Boards with Carmelo Millimaci, Senior Coach, Ackert Inc.
    • Taxes, Taxes, and Fewer Taxes with Marty Kiar, Broward County Property Appraiser, Part 1
    • Taxes, Taxes, and Fewer Taxes with Marty Kiar, Broward County Property Appraiser, Part 2
    • Parliamentary Procedure: How to Keep Your Meetings on Track with Parliamentarian Jim Slaughter
    • Alternative Dispute Resolution with Jeffrey Streitfeld, Mediator
    • Elevators & Electric Charging Stations with Todd Schwartz
    • Fighting Fraud, Combating Cons, & Protecting Peace with Michael Reiter, Michael Reiter & Associates
    • An Engineer’s Perspective on Implementing Florida’s New Condo Safety Law with Tim Marshall, Founder and President of A.T. Design
    • Mitigating Reputational Risk with Laura Guitar, President of Reputation & Risk Advisors
    • Radical Self-Care Can Change the World with Shelly Tygielski, Founder of Pandemic Love

Click here to visit “Take It to the Board”



Becker is hosting three webinars “Navigating the Way Forward After Ian” to review important information on next steps and a way forward for your community.

Save the date as our esteemed panel of attorneys and guest speakers will explore what we know, what we don’t know, and what we expect. This interactive discussion will cover the FEMA 50% rule, Zoning and Floodplain regulations, Handling Insurance Claims, Project Management, Emergency Powers, Property Taxes, and more.

  • Sanibel/Captiva: Tuesday, January 24, 2023 at 12-1:30PM EST
  • Ft Myers: Wednesday, January 25, 2023 at 12-1:30PM EST
  • Lee County: Thursday, January 26, 2023 at 12-1:30PM EST


Retweets As Evidence: The Developing Case Law

By: James J. Mahon and Samantha A. Lesser

Social media encourages seamless communication among a variety of different platforms, such as Facebook, Instagram, Twitter and TikTok. Commentators no longer need to gain notoriety before having their opinions published, broadcast, or heard by millions.

Today, social media platforms provide us with the ability to share ideas and opinions with the simple touch of a button; and while this may seem like a blessing, it is also a curse. Random thoughts, published impulsively, without editorial input or that second set of eyes, can and sometimes do lead to scrutiny, not only in the court of public opinion, but in a court of law.

Click here to read more!

Sunshine Laws Apply to Board ‘Workshops’

By: Joseph E. Adams

Q: I am a director on the board of our HOA and we are questioning whether or not our board members can have a workshop to brainstorm and discuss the budget prior to presenting the budget to our membership. The board would not be looking to vote on and adopt the annual meeting at this workshop. What are the rules on this topic?

Click here to learn the answer!

Special Legislative Session on Insurance

By: Donna DiMaggio Berger

While many communities are in the process of adopting a budget with significant increases, primarily due to increased insurance premiums, the Florida Legislature is meeting in Special Session to attempt to address the property insurance crisis in our State. Here are some of the highlights from SB 2-A and HB 1-A which are currently being debated up in Tallahassee.

Click here to read more!

Legal Recap 2022

By: Yeline Goin

The 2022 legislative session may end up being one of the most impactful in terms of legislative changes to the Condominium Act since the statute was first enacted in 1963. This is a result of Senate Bill 4-D (SB 4-D), codified as Chapter 2022-269, Laws of Florida, which became effective on May 26, 2022.

Click here to read more!