March marks the beginning of Spring and with a new season comes new opportunities. This issue of CUP will help your community association navigate elections and voting, insurance claims, and enforcement fines. Also featured this month are a few of the bills sent to the Governor for action following the 2024 Legislative Session. Don’t miss the full demo of MyCommunitySite.com – a turnkey website solution and document management system specifically created for condos and HOAs.
The law specifically provides that Board members have a fiduciary relationship with the owners and requires Board members to disclose conflicts of interest. The law does not, however, specifically address acceptable (and unacceptable) behaviors for discharging these responsibilities. “Board Member Code of Conduct,” by Yeline Goin, highlights some ideas for Board members to better understand their responsibilities.
The issue of emotional support animals in pet-restricted communities is never-ending. Their presence seems to have multiplied by the influx of individuals relocating to Florida. Marty Platts discusses this complex issue in, “Can Emotional Support Animals Be Prohibited in the Pool Area?”
We are often asked whether an association has to put insurance in the annual budget or whether it can wait to determine the amount of the insurance, and specially assess for the same (without a line-item in the annual budget). Elizabeth A. Lanham-Patrie answers this important question in, “Does a Condominium Have to Put Insurance in the Annual Budget?”
Have you ever wondered why it isn’t easy to just alter the condominium’s common elements? Mark D. Friedman explains the importance of consulting your attorney before signing any contract for material alteration work in, “THIS CASE: Sterling Village Association, Inc. v. Breitenbach.”
Articles
By: Yeline Goin
The law specifically provides that Board members have a fiduciary relationship with the owners and requires Board members to disclose conflicts of interest. However, the law does not specifically address acceptable (and unacceptable) behaviors for discharging these responsibilities. As such, a Code of Conduct for Board members is a good idea to have so that all Board members have a better understanding of their responsibilities as Board members and the limitations of their office.
Can Emotional Support Animals Be Prohibited in the Pool Area?
By: Marty Platts
The issue of emotional support animals in pet-restricted communities is never-ending. Their presence seems to have multiplied by the influx of individuals relocating to Florida.
What was considered a “family pet” in the State of origin, suddenly became an emotional support animal in pet-restricted Florida communities. Understandably, individuals with family pets, now being represented as emotional support animals, want to have the animal with them everywhere on the property, including the pool deck.
Does a Condominium Have to Put Insurance in the Annual Budget?
By: Elizabeth A. Lanham-Patrie
I have been asked on a few occasions whether an association has to put insurance in the annual budget or whether it can just wait to determine the amount of the insurance, and specially assess for the same (without a line-item in the annual budget). Insurance costs have doubled, tripled or even quadrupled in the last few years. Many associations question, why put it in the budget when they have no idea what the actual amount will be?
Sterling Village Association, Inc. v. Breitenbach
251 So.2d 685 (Fla. 4th DCA 1971)
By: Mark D. Friedman
Have you ever wondered why it isn’t easy to just alter the condominium’s common elements?
The Condominium Act, Section 718.113, Florida Statutes, requires approval of a material alteration by using the requirements found in the declaration of condominium and, if the declaration is silent, then the statute requires the approval of 75% of the total voting interests. The question becomes, what is a material alteration?
The Fourth District Court of Appeal gave meaning to the term in Sterling Village v. Breitenbach in 1971. The definition is used to this very day. The Court held that “the term ‘material alteration or addition’ means to palpably or perceptively vary or change the form, shape, elements or specifications of a building from its original design or plan, or existing condition, in such a manner as to appreciably affect or influence its function, use, or appearance.”
The facts of the case centered around whether the substitution of glass jalousies for screen was a material and substantial alteration within the meaning of those terms. The Court concluded it was. While that material alteration may seem obvious by today’s standards, there are many types of alterations which are less obvious such as changing the use of a particular area of the common elements, installation of security cameras, etc.
So, why does THIS CASE matter? The Division of Florida Condominiums, Time Shares and Mobile Homes, through its arbitration decisions have used the definition for even the smallest changes, deeming them “material” and requiring an approval vote. If your association is contemplating any change in the association-owned real property, common elements, or limited common elements you should consult with your community association attorney prior to signing any contract for that work. Another reason to consult with your attorney on this issue is that there are times when a material alteration is legally considered only maintenance, without the necessity of a vote; but we’ll leave that case discussion for next month’s THIS CASE article.
QUESTION OF THE MONTH
Q: My condominium association has a five-member board of directors. At our upcoming annual meeting, there will not need to be an election as there are three open seats and three candidates. However, the question has arisen as to how to conduct the organizational meeting to be held following the annual meeting where the board will elect its officers. We understand that for the election of the officers, the board would be the ones who vote and that a board member would have to make a nomination to nominate someone for a particular office. That nomination would have to be seconded, and then the members of the board would vote. However, a question has come up as to whether the member nominated for a particular office can vote for themselves when the vote of the board members is taken. Can you please clarify?
BECKER AWARDED FLCAJ READERS’ CHOICE AWARD FOR 10TH CONSECUTIVE YEAR
For the 10th consecutive year, Becker has earned a Diamond Level Readers’ Choice Award from the Florida Community Association Journal (FLCAJ). The FLCAJ announced its annual Readers’ Choice Award winners in the March 2024 issue of the magazine.
The FLCAJ Readers’ Choice Awards is a unique recognition program that shines a spotlight on the positive and productive contributions by community association service providers across Florida. These honors are bestowed on service providers who demonstrate an exemplary level of proficiency, reliability, fairness, and integrity to the community associations they serve.
What Do You Mean We Cannot Enforce The Association’s 55-And-Older Provision?
Florida Community Association Journal
By: Joann Nesta Burnett
While the Fair Housing Act (FHA) protects all citizens from discrimination on the basis of race, color, national origin, religion, sex, and disability or familial status (families with children under the age of 18 living with parents or legal guardians, pregnant women, and people trying to get custody of children under 18), there is an exemption under the Housing for Older Persons Act (“HOPA”).
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
UPCOMING CLASS OFFERING:
- Turnover from Developer Control
4/16/24 – 12:00PM – REGISTER HERE
Featured Testimonial
“Coming from a seasoned manager of 15 years in condominium environments, I must say that ALL of Becker webinars are so well presented by all participants and the most informative and relevant. I have to say I have participated in so many webinars over the years and Beckers are truly the best. The content, the information, the presentation, everything! I have learned so much from Becker over the years as a CAM. I thank you all for the hard work and time you put into providing these webinars to us. In today’s world with so much changing I honestly don’t know how we would do it without you. Thank you! We appreciate all of you!”
~ Jennifer Hawkins
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?”
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:
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- Show Me the Money: Investment Strategies with Michael Coady and Kenny Polcari of Slatestone Wealth
- Eyes Everywhere – Understanding Community Surveillance Options with Louis DiGioia of IC Real Time
- Practical Policies & Protocols Your Board Needs to Adopt with Claude Jennings, Jr.
- Everybody’s Sick: The Best Ways to Prevent Illness in a Multifamily Community with Dr. Jason Mansour of Broward Health
- Navigating Defamation Lawsuits and Non-Compete Clauses with Keith Grumer, of Grumer Law
- Not In My Backyard! Regulating Short-Term Vacation Rentals with Texas Attorney David Schwarte
- Understanding How to Handle your Association’s Insurance Claim with Public Insurance Adjuster Ken Shriberg
- Everything You Need to Know About Concrete Restoration Projects with Alessandra Bianchini, of Carousel Development and Restoration Inc.
Featured Episode: Understanding How to Handle your Association’s Insurance Claim with Public Insurance Adjuster Ken Shriberg
Various types of casualty events, including fires, floods, explosions, windstorms, and even the unavoidable burst water pipe, will likely occur at some point in your community’s lifespan which means your board will have to submit an insurance claim. That process can make your association feel as if you’re going through a second disaster while you’re trying to recover from the first one. Host Donna DiMaggio Berger and guest Ken Shriberg, a public insurance adjuster with a track record for turning underwhelming settlements into substantial lifelines, will arm you with the knowledge to face insurance challenges head-on.
CALL ALERT: SESSION ENDS WITH MANY CHANGES FOR ALL ASSOCIATIONS
The 2024 Florida Legislative Session ended last Friday, March 8th, and it was one of the busiest sessions in memory in terms of producing new community association legislation. The following are just a few of the bills which passed which we will be covering in our upcoming comprehensive Legislative Guidebook. Please remember that these bills do not become law until they have been sent to the Governor who then has fifteen (15) days to sign a bill, veto a bill, or allow a bill to pass into law without his signature. As such, we may not know the final outcome for some bills until May or June.
Becker Celebrates Women’s History Month
In celebration of Women’s History Month, Becker is showcasing the inspiration, philosophies, and expertise of the women attorneys and lobbyists who help elevate our firm and client service. Learn more about some of Becker’s female leaders:
MYCOMMUNITYSITE.COM LIVE DEMO
Is this website solution right for your community? Tune in for this software demo of MyCommunitySite.com – a turnkey website solution and document management system specifically created for condos and HOAs. You’ll see how quick and easy it is to create a website for your association. Whether or not you need to be compliant with Florida statute, this is a solution that is likely a perfect fit for your association! Easy, simple, cost-effective, and fully managed by the team at Shyft.
CONGRATULATIONS TO OUR SURVEY GIVEAWAY WINNERS!
Congratulations to Diana Byrd, Melissa Mallory, and Jennifer Hawkins, on your $250 Amazon Gift Card prize! Diana and Melissa completed BeckerBALLOT’s customer survey. We truly appreciate you taking the time to let us know how we can improve our software and customer service. Jennifer submitted a testimonial after the New Laws; New Game Plan – Knowledge is Power, Part II Webinar, on March 15. Thank you for your thoughtful responses!
If you would like to be in the running for next month’s $250 giveaway, please provide a testimonial after any of our in-person or online program(s) that you have attended. You can find all of our on-demand classes here, and our webinars here, which are currently free and available to the public, for you to watch at your convenience. We want to hear from you!
DID YOU KNOW?
Becker Can Help You Stop Code Enforcement Fines!
Is your community accruing expensive daily fines or liens due to code enforcement issues? Did you know the Becker team can help you stop code enforcement fines from accruing, reduce accrued fines, and resolve liens? We recently represented a client and had a $141,000 fine reduced to $10,000 and the lien removed from the property. Attorney Lisa Reves says, “Hiring an attorney for these types of issues can save you a lot of money down the road.”
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:
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