Association board members are tasked with acting in the best interest of their communities while also upholding the parameters set forth in their association’s governing documents. These documents are the cornerstone of association operations and often dictate everything from member rule enforcement to protocol for removing a delinquent officer.
This month’s featured article, “Premises Liability for Failure to Enforce,” examines two recent cases that involved claims against associations for failure to enforce the rules and restrictions in their governing documents. Associations should take note so as not to find themselves in a similar position.
Our second article, “What Can a Board Do about a Rude Officer or Director,” explores what options are available to boards when seeking to remove an association president, vice president, treasurer, or secretary.
It’s typically best to err on the side of caution and seek membership approval prior to making any material alterations. Learn why in, “Does This Alteration to the Condominium Require Membership Approval?”
Don’t miss our new Spanish feature! Scroll down to learn more, subscribe, and read this month’s featured article, “Peticiones Falsas.”
Additionally, be sure to check out our ‘3 likes for $300 Sweepstakes‘ at the bottom of this email for your chance to win! Follow us on social media and never miss out on the latest industry news and firm highlights. The contest will be coming to a close on May 30th and a winner will be announced in the next issue of CUP. Scroll down for full details.
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
Premises Liability for Failure to Enforce
There are two recent cases of which community association boards should be particularly aware of. Both cases involved residents who were injured by third parties but who filed suit against their association claiming that the association was also partly responsible for their damages because of their failure to enforce the rules and restrictions in the …Continue Reading →
What Can a Board Do about a Rude Officer or Director?
Most community association governing documents as well as applicable corporate statutes grant the board the right to appoint and remove officers. This is important when an officer proves to be prone to bad/rude behavior. The board likely has the right to vote to remove this individual as an officer (president, vice president, treasurer, secretary) at …Continue Reading →
Does This Alteration to the Condominium Require Membership Approval?
A “material alteration or addition” is one that “palpably or perceptively var[ies] or change[s] the form, shape, elements, or specifications of a building in such a manner as to appreciably affect or influence its function, use, or appearance.” Sterling Village Condominium, Inc. v. Breitenbach, 251 So. 2d 685, 687 (Fla. 4th DCA …Continue Reading →
Reality TV and Community Associations
With the plethora of reality TV shows involving home renovations and real estate searches, your association may be asked to sign an agreement to allow a production company to film your community.
Since most governing documents grant the owners the right of ingress and egress over the common areas for access to the …Continue Reading →
New Spanish Feature: CondoMundoUSA
Read This Month’s Article: Peticiones Falsas
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.
For the next two months, we will 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 atCondoMundoUSA@beckerlawyers.com. If demand is great for this new service, we will incorporate the feature on a regular basis going forward.
Can They Do That?
Your association sent you a notice stating that they want to pool all reserve funds together because it will be more efficient. Can they do that? Find out in Episode 05!
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!
Question of the Month
Q: After the unit owners in a condominium association vote to approve an amendment, is there a time limit or deadline by which the amendment must be recorded with the county? (M.A. via e-mail)
A: Chapter 718 of the Florida Statutes, known as the Florida Condominium Act, extensively regulates amendments to condominium documents. However, the Act does not contain a specific deadline for when properly adopted amendments to the condominium documents must be recorded…
Steve Lesser Accepts Top Honor at ABA Forum Award Ceremony
Becker Shareholder Steve Lesser was recently awarded the prestigious Cornerstone Award – the top honor presented by the ABA Forum on Construction Law. Steve represents numerous entities including community associations in complex construction related disputes.
The video of the award ceremony includes introductory remarks by Past Chair of the Forum Will Hill detailing Steve’s commitment to Construction Law over his thirty year career.
Managing Shareholder Gary Rosen who was in attendance for the ceremony said, “Listening to Steve’s introduction, I was struck by the length of the list of leadership positions Steve has held in the ABA, the Florida Bar, and so many other organizations, all of which have required a commitment of time and labor that defies human limits. In that banquet room filled with over 500 people, it was obvious that Steve is revered by his colleagues of the Forum. We are so fortunate he has made his career with us here at Becker.”
Stop by Becker’s booth today through May 18th to learn more about the firm, our electronic voting software, BPBallot, and, our newest offering, MyCommunitySite.com, a website development service that helps streamline operations for board members and property managers alike. The service, a joint initiative between Becker and digital developer SHYFT, allows community associations to seamlessly create and maintain cutting-edge and compliant websites.
3 Likes for a Chance to Win $300!
Follow Becker, Florida Condo HOA Law Blog AND My Community Site on Facebook for your chance to WIN a $300 Visa Gift Card.
- Visit Becker on Facebook and click the “LIKE” button
- Visit Florida Condo HOA Law Blog on Facebook and click the “LIKE” button
- Visit My Community Site on Facebook and click the “LIKE” button
Winner will be selected on 5/30/2019
Did you know?
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.