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Community Update

July 2019

In this Issue

A changing environment necessitates a changing landscape for private residential communities and associations. New regulations and rules are on the horizon, which associations should be aware of and prepare for.

This month’s featured article,  “Solar Panels & HOAs – Can They Be Restricted?”  illustrates what homeowners are permitted to install, or not install, when it comes to renewable energy sources such as solar panels and windmills.

Our second article, “Sea Level Rise: Forewarned is Forearmed,” explores what communities can do to prepare for one of the greatest threats to Florida today – sea level rise. What actions should HOAs take?

It’s important to ask the right questions. This is especially true when deciding on the right attorney for your community association. Learn what to look for in, “How to Find an Effective Community Association Lawyer.”

Lastly, what do you do when your community is impacted by a neighboring development and the traffic it causes? What rights do you and your HOA have? Find out in, “What’s Up with All this Traffic? The Impact of Neighboring Development on Community Association Roads.”

Don’t miss our new Spanish feature! Scroll down to learn more, subscribe, and read this month’s featured article, “PART III – NO PET COMMUNITY – ¿Recibiste una petición legítima?”

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:

We look forward to seeing you next month!

Marilyn J. Perez-Martinez, Editor

Can They Do That?

Visitors at All Hours of The Night – “Can They Do That?” – Episode 07 is Live!

A neighbor is running a home business and customers are coming at all hours of the night and disrupting other homeowners. Can they do that? Find out in Episode 07!

When it comes to association rules and bylaws, there seem to be more questions than answers. Becker’s video series, “Can They Do That?” tackles some of the unique problems that homeowners and renters face today. We answer 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?”

Don’t miss out on new episodes of “Can They Do That?” Subscribe to Becker’s YouTube channel!

New Spanish Feature: CondoMundoUSA

Read This Month’s Article: PART III – NO PET COMMUNITY – ¿Recibiste una petición legítima?

A few years ago, my colleague Marty “Martica” Platts and I started a Spanish blog “CondoMundoUSA”.  Given the vast Latin and Hispanic culture throughout Florida we wanted to make sure this vital part of Florida was enjoying the same benefit of knowledge and information we have been providing for over 40 years.  The Spanish edition was a labor of fun love that we are excited to bring back in 2019, depending on demand.

This month, we feature an article in Spanish touching on an important community association issue.  If you are interested in receiving this type of content, please subscribe below.  We also welcome your feedback and any article topic requests that you may have. Please reach out to us at CondoMundoUSA@beckerlawyers.com. If demand is great for this new service, we will incorporate the feature on a regular basis going forward.


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Question of the Month

Q: My condominium association recently voted on proposed amendments to our documents. The amendments did not pass and now the board is stating they plan on scheduling a new vote on the amendments again. Can they do this? Doesn’t the Association have to wait some period of time before there is a new vote on failed amendments? (N.G., via e-mail)

A: There is nothing in the Florida Condominium Act or any case decision law that I am aware of which requires a condominium association to wait for any specific period of time before an issue can be voted on again….

Click here to read the full answer provided by Shareholder Joseph Adams.

failed amendments

Becker’s Community Classroom

As leaders in Community Association Law, we not only helped write the book of 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? To view our entire class roster, visit www.floridacondohoalawblog.com/classes

Pioneers in Community Association Law
Becker grew out of its pioneering role creating the law pertaining to the operation of common ownership housing, with many of the leading cases in the field bearing the firm’s name. In keeping with our committment to our clients and the industry, Becker attorneys provide over 200 educational classes per year for board members and managers, and also advocate on behalf of clients through the firm’s lobbying arm, the Community Association Leadership Lobby (CALL).

Moreover, Becker has 21 Florida Bar Board Certified Attorneys in Condominium and Planned Development Law – the largest, dedicated team in the state of Florida. Board certification demands rigorous testing and is in recognition of having the highest standards of skill, specialty knowledge, proficiency, professionalism, and ethics in community association law.

Becker Proudly Supports Youth Soccer Program that Empowers Children and Young Adults with Special Needs

On the heels of the Women’s World Cup victory, we are reminded that everyone, no matter who, can benefit from the empowerment of playing sports. This includes those with special needs.

Here at Becker giving back to the community is a core value. This year, the firm once again proudly sponsored TOPSoccer, the youth soccer program for athletes with intellectual, emotional, and/or physical disabilities. The program serves to enrich the lives of the children and young adults who participate and teaches confidence and other important skills. It also empowers them in all areas of their lives.

No one knows this better than Shareholder Steven Lesser who serves as a longtime coach for the program and in 2010 was named TOPSoccer’s Volunteer of the Year from the Florida Youth Soccer Association.

Watch the video to see the powerful impact that TOPSoccer has on the participants and volunteers who take part in this wonderful program.

Did you know?

Becker’s Legislative Guide is Coming Soon!

Every year Becker prepares a Legislative Guide providing you not just an easy to use reference guide for the most recent legislative changes affecting community associations in Florida, but also practical application pointers. It is prepared in digital form and readily available to you via download from your iOS, Android, or Windows device from our CALLBP website. BUT, it is not ready just yet. Once it is, we will let you know so you can download and take advantage of its valuable insight.

In the meantime, for all our high-rise communities in the State, you can breathe a little easier when it comes to Engineered Life Safety System (ELSS) installation. House Bill 7103 was signed into law providing those buildings constructed before 1992 and 75 feet or higher, fourmore years to complete their ELSS installation. Four years may seem like a long time but trust me it is not.

An ELSS is designed based on the the age and construct of your building in conjunction with the Fire Marshall. Bidding, contracting, permitting, and funding for this project will take time that should be factored into your estimated installation completion date. Do not sign any contract or enter any bank loan without first seeking the advice of your community attorney as safeguards in favor of the community are necessary.