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Community Update

June 2019

In this Issue

It officially feels like summer in Florida and while it’s no longer high season, we know that managers and board members alike are keeping just as busy with the day-to-day operations and maintenance of their communities. This month, we aim to provide you with helpful tips to get you through the summer and make your job that much easier.

Our featured article, PSA: Condominiums and Websites,”  serves as a friendly reminder to condominiums operating at least 150 units to make sure that their association is in compliance with the new website requirement.

“Directors Voting – Dispelling Myths”  provides the answer to what is and isn’t allowed in various voting scenarios.

Unexpected expenses are sure to arise at some point during the life of a condominium building. Save yourself from unneeded legal expenses by learning the proper procedures for levying a special assessment in our third article, Special Assessments in Condo.”

Our final article, Agency Revisits Term Limit Law,”  explores the interpretation of the law passed in 2017 stating that condominium directors can’t serve more than four consecutive two-year terms. Does the law apply retroactively or prospectively?

Don’t miss our new Spanish feature! Scroll down to learn more, subscribe, and read this month’s featured article, La Agencia Revisa Pregunta Sobre Límites de Término.”

Additionally, be sure to scroll down to the bottom of this email to find out the winner of our ‘3 likes for $300 Sweepstakes!’ Follow us on social media to never miss out on the latest industry news and firm highlights.


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

  • Directors Voting – Dispelling Myths

    Every director who sits on the board of a homeowners association gets a voice in the operations of the association.  The questions I receive are more about how that voice is exercised through a vote.  For instance, some directors travel quite a bit, whether for work or play is irrelevant.  The directors however are …

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  • Special Assessments in Condo

    Special assessments happen.  The unfortunate reality is that during the life of a condominium building some unexpected expenses are going to arise and the association must take steps to fulfill its obligations to the membership.  If the operating budget cannot handle these expenses, and there is not a funded reserve account which can dray …

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  • term limit Agency Revisits Term Limit Issue

    In 2017, the Florida Legislature passed a law which stated that condominium directors could not serve more than 4 consecutive 2-year terms, essentially creating an 8-year term limit.

    The obvious immediate question was whether this law would be applied retroactively (reach back to prior years of service to determine if a director …

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Can They Do That?

Can Associations Force Residents to Leave During a Hurricane? – “Can They Do That?” – Episode 06 is Live!

Not everyone chooses to evacuate during dangerous storms. Can community associations force residents to leave? Can they turn off the power and elevators, leaving those who stay stranded? Can they do that? Find out in Episode 06!

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: La Agencia Revisa Pregunta Sobre Límites de Término


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.

 

Question of the Month

Q: My homeowners’ association is currently under developer control. Does a developer-controlled homeowners’ association have to hold open and noticed board meetings? (B.P., via e-mail)

A: Yes. Section 720.303(2) of the Florida Homeowners’ Association Act contains the legal requirements for board meetings. The statue requires that notice of all regular board meetings be posted in the community at least 48 hours in advance of the meeting. Additionally, members have the right to attend all board meetings, and speak to all designated agenda items. There is no exception to these requirements for developer-controlled associations…

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

Donna DiMaggio Berger to Write Monthly Community Association Column in Miami Herald


We are pleased to announce that Shareholder Donna DiMaggio Berger has been invited to write a monthly column on community association issues for the Miami Herald. Each month, Donna will highlight common issues faced by community association board members and managers. Look out for her first informative column coming July 2018!

We at Becker pride ourselves on bringing innovative business solutions to community associations. It is in this spirit that we were the first to bring online voting to Florida associations and why we continue to deliver cutting-edge technologies with the most advanced, yet easy to use, functionality.

Click here to learn more about BPBALLOT.com and MyCommunitySite.com.

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.

Have you ever received a letter from your city stating that you are in violation of their code? It can cause much anxiety, especially as the letter may not be written in a way that makes sense. It probably also mentions that you will start accruing fines and liens will attach to your property unless you bring it up to the city’s standards. You may have even been proactive and reached out to the code inspector on the notice; at this point, you are probably even more confused than before. Code and building violations can sneak up on you, as fines accrue daily. Left untouched, you can easily rack up hundreds of thousands of dollars within a year of delinquency. That is why you need to contact an attorney who is familiar with the municipal Code, processes and justifications, and knows how to work expediently within the labyrinth of city staff and procedures to achieve a positive outcome for you.

Click here to read more.

3 Likes for a Chance to Win $300!

Congratulations to Kristina for winning our ‘3 likes for $300’ sweepstakes! Thank you to all those that entered the contest by following Becker, Florida Condo HOA Law Blog and MyCommunitySite.com on Facebook. Make sure to check back monthly for upcoming contests and your next chance to win!

Did you know?

Eight Becker Attorneys Newly Board Certified in Condominium & Planned Development Law

We are pleased to announce that eight Becker attorneys are newly minted as Florida Bar Board Certified in Condominium & Planned Development Law.

The specialty encompasses the practice of law that involves representing community associations and their members, property owners, sellers, purchasers, developers, lenders, governmental agencies, and investors in matters related to community associations and planned developments.

Click here to read more.