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Community Update

July 2024

In this Issue

2024 was a particularly active year for community association legislation and several changes to the condominium law became effective July 1, 2024. What does that mean for your community association? This issue of CUP highlights some of those changes in Joseph Adam’s annual legislative review and Yeline Goin’s article on HB 1203. Don’t miss Becker’s 2024 Legislative Guidebook which provides a detailed overview of each new law, its implications, and practical steps for compliance.

This year’s Atlantic hurricane season is predicted to be one of the busiest on record and we are about to enter August, the time when the season typically ramps up. Where are you in your hurricane preparedness? Brandon R. McDowell provides helpful insights and explains the dangers of leaving electric vehicles plugged-in during a storm, in this timely article, “Hurricane Preparedness and Electric Vehicles.”

Also featured this month is hurricane insurance claims for condominium associations. There is a lot of information on how associations can prepare for hurricanes but much less information as to what happens after the hurricane, particularly as it pertains to insurance claims. Sanjay Kurian breaks down everything you need to know.

Incidental damages are damages that are caused by associations to portions of buildings that unit owners are required to maintain. The most common example occurs when an association has its contractor go into a unit and remove portions of the wall or the floor to gain access to common elements which require repair. Joseph Arena stresses the importance of reviewing your governing documents before starting large improvement projects in, “Ask About Incidental Damages Before Starting Your Condo’s Maintenance Project.”

In the aftermath of Hurricane Ian, many condominiums in the Southwest Florida area were substantially damaged. While many Associations are in the process of rebuilding, some have not been able due to the high costs involved. Jose Luis Baloyra emphasizes the critical need for a condominium association’s Board of Directors to consult with experienced real property and community association attorneys when contemplating termination in, “Delivering Marketable and Insurable Title After Condo Termination.”

In Florida, we are familiar with various types of wildlife surrounding our neighborhoods. Many of our communities are near bodies of water or have bodies of water within the community. How does this impact your community association? Karyan San Martano explains why due diligence is at the heart of, “THIS CASE: Palumbo v. State of Florida Game and Fresh Water Fish Commission.”

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Articles

Hurricane Preparedness and Electric Vehicles

By: Brandon R. McDowell

It is mid-July and we have already experienced two (2) named storms this year. Where are you in your hurricane preparedness? In addition to general hurricane preparedness, local municipalities and programs throughout the state have been warning against the potential dangers of leaving electric vehicles, e-bikes, e-scooters, electric golf carts, etc. (“EV”) plugged-in during storms. The combination of salt water and the battery systems in EVs could result in a fire. EVs left in a garage (especially those within a flood zone) could be potentially even more disastrous. Recent recommendations are that any EV that cannot be fully removed from the premises should be parked at least fifty (50) feet away from any structure and/or any other vehicle.

Click here to read more!

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Ask About Incidental Damages Before Starting Your Condo’s Maintenance Project

By: Joseph Arena

Incidental damages are damages that are caused by associations to portions of buildings that unit owners are required to maintain. The most common example occurs when an association has its contractor go into a unit and remove portions of the wall or the floor to gain access to common elements which require repair. Incidental damages typically can be predicted from the outset of a project but are generally unavoidable.

Click here to read more!

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Delivering Marketable and Insurable Title After Condo Termination

By: Jose Luis Baloyra

In the aftermath of Hurricane Ian, many condominiums in the Southwest Florida area were substantially damaged. While many Associations are in the process of rebuilding, some have not been able due to the high costs involved. As result, some of these associations have elected to terminate the condominium form of ownership and sell the condominium property.

Click here to read more!

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Palumbo v. State of Florida Game and Fresh Water Fish Commission
487 So.2d 352 (Fla. 1st DCA 1986)

By: Karyan San Martano

Due diligence at heart of THIS CASE. A University of Florida student was attacked and severely injured by an alligator while swimming in the recreational park on campus. The Court examined two bases for finding the University not liable for the student’s injuries. First, the law of Florida does not require an owner of land to anticipate the presence of or to guard an invitee or trespasser against harm from wild animals unless the animal has been reduced to possession or the animal is not indigenous to the locality but has been introduced onto the premises. The University, in this case, did not create the dangerous condition, but rather the alligators moved from their natural habitat of Paynes Prairie State Park to the adjoining recreational lake on campus. Second, the student’s total disregard of the clear warning signs present at the facility was the sole proximate cause of his injury. The Court focused on the numerous warning signs posted throughout the facility in its opinion. There were signs posted around the park referencing alligators and swimming regulations that the student had ignored.

So why does THIS CASE matter? THIS CASE shows us that if an incident took place, a court would take into account the due diligence of the Association into its liability analysis. In Florida, we are familiar with various types of wildlife surrounding our neighborhoods. Many of our communities are near bodies of water or have bodies of water within the community. Where the association is aware or reasonably should have known of a particular wildlife issue and makes no efforts to reduce the attractants to the community, a court may find the association liable in the event of injury. A court would look at the association’s efforts in warning residents and guests of known dangers. Associations in areas prone to wildlife visits should consider working with counsel to adopt certain rules and regulations to reduce attractants of wildlife, such as trash procedures that reduce the likelihood that wildlife wanders into the community looking for food, or prohibiting feeding or interacting with wildlife. The association may also consider erecting signs by entrances or points of access to water, or areas where children play or people walk their dogs. Should you have any questions regarding what precautionary measures are warranted for your community, you should contact your association’s legal counsel.

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Annual Legislative Review Begins

2024 was a particularly active year for community association legislation. There were several hundred pages of legislation affecting condominium, cooperative and homeowners’ associations. Community association legislation is often described as “the good, the bad, and the ugly.” 2024 was a notable exception in that not much “good” appears to have been done.

Joseph Adams reviews some of the changes to the condominium laws that became effective July 1, 2024.

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HB 1203—Changes to the Homeowners’ Association Act

Florida Community Association Journal
By: Yeline Goin

It seems that every year we can count on the Florida legislature making additional changes to the Homeowners’ Association Act (“HOA Act”), and the 2024 legislative session was no different. One of the HOA bills adopted by the legislature is HB 1203. The bill was formally sent to the governor on May 21, 2024. As of May 31, the governor approved the bill. The bill became law, and the vast majority of the changes took effect on July 1, 2024. The following is a summary of the more significant changes to the HOA Act. There are some additional changes to Chapter 468, regulating community association managers and community association management firms, that are not included in this article.

Click here to read more.

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Hurricane Insurance Claims for Condominium Associations

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By: Sanjay Kurian

There is a lot of information on how associations can prepare for hurricanes but much less information as to what happens after the hurricane, particularly as it pertains to insurance claims. A question that managers and board members need to consider is, what is required after a hurricane to ensure compliance with your insurance policy and recover money which may be owed?

What is an insurance policy? An insurance policy is a contract between you and the insurer, nothing more. Although this particular contract may be lengthy and hard to understand, courts treat this contract as it would other contracts. What did the parties agree to in the policy? Rights and remedies post-hurricane are those defined in the policy and any applicable statutes. Every policy is different, and the requirements in one policy may not exist in another. 

Click here to learn more.

Association Adjusting is a licensed and insured Public Adjusting Firm dedicated exclusively to serving Becker’s community association clients throughout Florida. With over 40 years of combined experience, our team specializes in assisting residential, association, and commercial property owners and managers.

As a recognized authority in the community association industry, we are committed to achieving the most favorable outcomes for Becker’s clients. Whether dealing with hurricane damage, water damage, theft, fire, mold, roof leaks, or other calamities, our team of public adjusters provides the highest level of professionalism and excellence to protect your interests.

Learn More.

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.

Hurricane-recovery.com

For more information, contact your Becker attorney.

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CALLING ALL BOARD MEMBERS AND COMMUNITY MANAGERS

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

 

PLEASE NOTE:

‘Knowledge is Power’ classes do NOT satisfy the Board Certification requirement.


4 Hour Board Certification class(es) will be coming soon – stay tuned!


We do not discuss other people’s certificate status with anyone other than that person.


You have 90 days to download the certificate or you will have to re-take the class.


There will be no CEU credits submitted to the DBPR between Sept 1 and Oct 15,
so make sure to take the classes and submit the form well before the deadline.

Featured Testimonial

“Becker’s courses are a valuable tool for my goal to become a better manager for my clients. The courses are valuable for property managers, board members, and for those living in an HOA or Condominium associations. Becker is dedicated to becoming the leader in association management, education and law.”

~ Jan Applegarth

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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.

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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:

Click here to visit “Take It to the Board”

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Featured Episode: A Board Members’ Guide to Unexpected Issues – Your Questions Answered

Navigating the complexities of community association governance is increasingly challenging due to evolving laws, heightened personal liability for board members, and onerous regulation including the personal information required of volunteer board members under the controversial Corporate Transparency Act. In this episode of Take It To The Board, host Donna DiMaggio-Berger and producer Claude Jennings Jr. address a host of listener questions and shed light on the most pressing issues board members face today.

Listen to the full episode here.
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DID YOU KNOW?

Becker’s 2024 Legislative Guidebook is Here!

Every year Becker prepares a Legislative Guide providing you with 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 on our CALLBP website.

It is crucial for community associations to stay informed and proactive in adapting to legislative changes. This guidebook serves as a valuable tool to help you understand and implement the new laws.

Click here to read more.


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

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