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Community Update

March 2018

In this Issue

This month we continue with information about your association’s digital life – this time in the context of email and when it constitutes an official record. We also offer up helpful insight on some of the business aspects of association operations – things like smoke-free zones, bankruptcy issues, and the right and wrong way to contract with service providers. And of course, since its Florida and never too early to start planning, we give you some things to think about as you prepare your family and your association for hurricane season.

Our featured article, Emails as Association Official Records, discusses when an email is considered an official record and when it is not. Knowing the difference is essential to properly maintaining your association’s official records.

In Conflicts of Interests – Condominium Service Providers, we address contracts between a service provider and someone on the board or related to a board member. Simply put, they are typically not permitted. Not so simple, however, is defining just what constitutes a “service” in the first place.

For those concerned with regulating smoking in the common areas of your association, Smoking Prohibited confirms the ability to prevent smoking using properly enacted and reasonable rules.

Bankruptcy Do’s and Don’ts gives you a quick guide to what should and should not be done when a delinquent owner files bankruptcy. FYI, don’t fret – an association’s rights are not lost, you simply need to work within the new legal framework a bankruptcy filing creates.

Hurricane season may not start until July 1st, but Is it Too Soon to Start Talking About the 2108 Hurricane Season? Of course not, we advise. Now is the perfect time to shore up your buildings, edit your hurricane plan (address pre/during and post activity) and look at your insurance policies.

If you have new members on your board or a new manager of your association and want them to be part of our Community Update community, have them subscribe:

https://floridacondoho.wpengine.com/subscribe/

See you in our next issue!

Marilyn J. Perez-Martinez, Editor

  • Emails as Association Official Records

    Whether you live in a condominium, cooperative or homeowner association, the Statute governing your community defines the term “official records.” In defining official records, each Statute has a catch-all provision.

    All other written records of the association not specifically included in the foregoing which are related to the operation of the Association. …

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  • Conflicts of Interests – Condominium Service Providers

    An association’s officers and directors, along with their family members and anyone who has a financial relationship with the director and/or officer, are completely prohibited from entering into an agreement with the condominium association.

    Prior to July 1, 2017, §718.3026(3), Florida Statutes, was the only statute applicable regarding conflicts of interest. It permitted …

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  • Smoking Prohibited

    Several states (including Florida) have banned smoking in most public places. The gradual move toward smoke-free condos, and the extent of a board’s authority in this arena, is the source of much debate within the state. The Florida Clean Indoor Air Act, found at Chapter 386 of the Florida Statutes, provides a uniform statewide code …

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  • BEWARE: Bankruptcy Do’s and Don’ts

    If your Community Association has been spared from bankruptcy in the last decade count yourself lucky.  Bankruptcy, in general, is intended to (1) provide a fresh start for the honest, but unfortunate debtor (delinquent owners), and (2) provide equal treatment of all Creditors (including the Association).  Unfortunately, Bankruptcy has also become a safe haven for …

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  • Is it too soon to start talking about the 2018 Hurricane Season?

    No! If Hurricane Irma taught us anything it is that adequate preparation before the storm will go a long way towards addressing issues after the storm.

    Now is the time for associations to communicate with its owners about insurance- and liability-related issues. One of the often-confusing areas for many is understanding the scope …

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Did you know?

Becker has evolved. That’s right, we’re now Becker, and better than ever. We’ve always been your champion – and advocate, cheerleader, and partner – breaking new ground and pushing the edge of what’s possible. To more fully convey this message, we are thrilled to announce the creation of our new brand. We invite you to visit our new website and share your thoughts.