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Community Update

May 2018

In this Issue

May’s edition brings you articles on an array of issues affecting community associations. If you have ever had trouble properly identifying an easement or figuring out the exact boundaries of your development, Why is a Plat so Important? can help you out. The plat has been part of your community since day one and even now, years later, carries a great deal of weight and importance. For communities dealing with owners who lack the appropriate decorous filter when it comes to what they post on social media about the association, Freedom of Speech and Disruptive Owners helps in understanding when speech is constitutionally protected and when it is not. Continuing in the vein of media, Telecommunication Contract Issues identifies what an association should consider when entering into a bulk telecommunications agreement.

To Record or Not to Record? That is the Question! helps associations not fully committed to filing assessment liens understand that the lien has value above and beyond the mere right to foreclose.

In our March issue we addressed conflicts of interest from a service provider prospective. This month we take a look at Condominium Contracting with a Director for Goods and Services, including insight in to the 2018 amendment to the Condominium Act.

If you enjoy playing Bingo, Mah-Jongg or Poker, you’ll enjoy the cards our last article lays out. Gambling in Your Community? Penny-ante Games and Bingo helps you avoid criminal liability while allowing residents to up the ante when playing for money in their units or the common elements of the condominium.

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://www.floridacondohoalawblog.com/subscribe/

See you in our next issue!

Marilyn J. Perez-Martinez, Editor

  • Why is a Plat so Important?

    As an owner of residential property in Florida, you are aware that your community is probably subject to a unique set of “governing documents.” Typically these will include a Declaration of Covenants and Restrictions, Association Articles of Incorporation and Bylaws, and various Rules and Regulations.

    Less well known is the statutory process …

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  • Freedom of Speech and Disruptive Owners

    Social media, blogs, and websites are the new normal of daily living in 2018. People post their thoughts, pictures and videos with the swipe of their phone sometimes without regard to accuracy or repercussions. This is a problem in communities where residents, managers, employees and others living and working in close proximity (no matter …

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  • Telecommunication Contract Issues

    Other than possibly insurance, largest single expense for many associations is the cost of bulk telecommunication service. Further, bulk telecommunication service agreements often have multi-year terms, some even going as long as ten years. Therefore, whether your association has a bulk telecommunications agreement or is looking at entering into a bulk telecommunications agreement, there …

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  • To Record or Not Record? That Is The Question!

    Community association boards often ask the question of whether they must record a claim of lien on a property in order to protect the association’s right to recover past due assessments on the property. Although the answer to this question changes based on the specific set of facts controlling each scenario, there is at …

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  • Condominium Contracting With a Director for Goods & Services

    Directors and officers of a condominium have a fiduciary duty to its Members. Therefore, they must be very careful when entering into a contract with the association for which they are an officer or director. In March’s Community Update, I addressed Conflicts of Interests – Condominium Service Providers. In this article however I address …

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  • Gambling in Your Community? Penny-ante Games and Bingo

    So you enjoy a good card game and you like to bet a few coins; that’s legal, right? Well, maybe. These are called penny-ante games, most commonly associated with poker, with pennies generally serving as the highest bid possible during a given play. However, any card game where wagers and winnings are made can …

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Did you know?

Every issue, I use this corner of CUP to introduce you to something about Becker. We have discussed our new CUP format, the firm’s new brand, online voting and classes created to make running your community much smoother. We are now expanding the reach of this corner to introduce you to our community association attorneys. Who we are go hand-in-hand with what we do to help your community succeed.

Did you know that our Community Association Practice Group has a fearless leader in Kenneth Direktor. Not only does he champion communities, he also helps educate the next generation of lawyers who will serve your community. Ken is a member of the prestigious College of Community Association Lawyers, lectures at various seminars hosted by organizations such as the Community Association Institute and the University of Miami School of Law’s Annual Cluster Housing Institute. He is also called upon often by both local and national media to weith in on community association issues given his experience.