While some areas of the West Coast and Panhandle were fortunate to escape Hurricane Helene’s impact, others were not so lucky. Our thoughts are with everyone affected by the storm, and we want to remind you that we are here to help.
Our website contains a wealth of educational information for your community, including both pre- and post-storm information. As we are still in the peak of hurricane season with several weeks to go, it’s important to stay prepared and vigilant. Be sure to note these crucial tips to help navigate the complexities of hurricane damage claims effectively.
At Becker, we are committed to standing by our clients every step of the way. If your property or community has incurred damage from Hurricane Helene, please reach out to your Becker attorney or our affiliated public adjusting company, Association Adjusting. Our adjusters are standing by and ready to provide a complimentary consultation to assist you in navigating the insurance claim process. They can also assist with cleanup and coordinate emergency services for dry out and mold remediation. You can call them at 844-394-2518 or contact them online here.
In this Issue
The unauthorized practice of law poses significant legal and financial risks to both community association managers (CAMs), board members, and the communities they serve. Joseph Markovich explains why this serious issue can lead to extreme consequences and how CAMs and board members can effectively support their community in “Guarding Against the Unauthorized Practice of Law.”
The Occupational Health and Safety Administration (OSHA) has proposed a new heat protection rule aimed at safeguarding employees who are exposed to excessive heat in their work environments. Jamie B. Dokovna provides helpful guidance to employers on implementing protective measures that comply with OSHA’s new rule and reduce the risk of heat-related illnesses in “New Heat Protection Rule is Set to Take Effect.”
House Bill 1021 took effect this summer after being signed into law at the end of the 2024 legislative session. These statutory changes ushered in more regulatory authority over post-turnover condominium associations for Florida’s Department of Business and Professional Regulation (the “DBPR”). “The DBPR Now Has Broader Authority to Investigate and Enforce Compliance,” by Joseph Arena, explores the effects of the DBPR’s increased investigative authority.
Condominium associations must understand the importance of adhering to their governing documents, especially when making decisions that impact common property and the rights of unit owners. Joseph Markovich highlights the need for associations to be mindful of the potential legal consequences of their actions, particularly regarding the statute of limitations and the involvement of non-parties in “THIS CASE: Sheoah Highlands, Inc. v. Daugherty.”
As a reminder, Becker’s NEW 4-hour Board Certification courses are now available online. Don’t miss out on this convenient opportunity to stay informed and compliant!
Articles
Guarding Against the Unauthorized Practice of Law
By: Joseph Markovich
The unauthorized practice of law poses significant legal and financial risks to both community association managers (CAMs), board members, and the communities they serve. The Florida Supreme Court has consistently ruled on the boundaries of lawful conduct for non-lawyers, particularly in the context of community association management. These rulings underscore the importance of distinguishing between permissible administrative tasks and actions that constitute the practice of law, which require the expertise and authorization of a licensed attorney.
New Heat Protection Rule is Set to Take Effect
By: Jamie B. Dokovna
The Occupational Health and Safety Administration (OSHA) has proposed a new heat protection rule aimed at safeguarding employees who are exposed to excessive heat in their work environments. This rule is particularly relevant to condominium associations and homeowner associations, which often employ staff such as landscapers, maintenance workers, and pool attendants who spend extended time outdoors during some of the hottest hours. As these workers are directly affected by extreme temperatures, this regulation requires employers to implement protective measures to reduce the risk of heat-related illnesses.
The DBPR Now Has Broader Authority to Investigate and Enforce Compliance
By: Joseph Arena
It wasn’t so long ago that Florida’s Department of Business and Professional Regulation (the “DBPR”) had little jurisdiction over the operation of condominium associations after their developer turnover meetings, and, what little jurisdiction the DBPR had over associations after turn over, was often exercised by providing warnings and board member education to associations that were out of compliance with condominium laws. This reflected an understanding that was prevalent in the past that most transgressions are not willful and that the small number of directors who are genuinely bad actors are not likely to be reelected (and will thereby be politically removed from their director positions at the conclusion of their terms).
Sheoah Highlands, Inc. v. Daugherty
837 So.2d 579 (Fla. 5d DCA 2003)
By: Joseph Markovich
Understanding the role of the association and the statute of limitations is central to THIS CASE. Vernon Daugherty, a unit owner at the Sheoah Highlands condominium, sued his condominium association (the “Association”) and its board of directors. Daugherty claimed that the Association failed to enforce the declaration of condominium by allowing certain unit owners to build screened enclosures on common property, which violated the declaration.
The key issue was whether Daugherty’s claim was barred by the statute of limitations. The Association argued that Daugherty’s action was essentially a request for specific performance, which typically has a one-year limitation period. However, the court found that Daughterty’s action could be viewed as a broader legal or equitable claim on a contract, which would be subject to a five-year limitation period. The court ultimately allowed the longer limitation period, permitting Daughterty’s claims regarding enclosures built in 1996 and 1998 to move forward.
The case also addressed the scope of the court’s orders. The trial court initially ordered the removal of certain enclosures, which would have affected unit owners who were not parties to the lawsuit. The appellate court reversed this decision, emphasizing that courts cannot use injunctions affecting non-parties. Instead, the Association was instructed to take appropriate legal action against the unit owners responsible for the enclosures.
So why does THIS CASE matter? It underscores the importance of understanding the statute of limitations in enforcing declarations of condominium. It also highlights a critical aspect of condominium governance; ensuring that legal actions taken by the association do not infringe upon the rights of individuals not directly involved in the lawsuit and to carefully consult with counsel when filing arbitration or litigation to ensure that a ruling in favor of the Association affects all individuals who are similarly in violation.
QUESTION OF THE MONTH
Q: Our small condominium association (27 units) has a number of unit owners who are either foreign nationals, primarily residing abroad, or marine industry folks working offshore for months at a time. It is hard for them to vote in our board elections. Must condo board election ballots only be cast by traditional, hardcopy “snail-mail” paper ballots, or can owners be permitted to vote by e-mail, or by some alternative online system?
IS YOUR COMMUNITY ASSOCIATION READY TO FINE OR SUSPEND?
FCAP Managers Report
By: Nicolas M. Jimenez
Whether your association is a condominium, a cooperative, or a homeowners’ association, chances are that, at one point or another, it has had to deal with a resident who just can’t seem to abide by your governing documents. We all have had that one neighbor who insists on blaring music at odd hours of the night, but what can your association do about it?
Association Adjusting is a licensed and insured Public Adjusting Firm dedicated exclusively to serving Becker’s community association clients throughout Florida. With over 40 years of combined experience, our team specializes in assisting residential, association, and commercial property owners and managers.
As a recognized authority in the community association industry, we are committed to achieving the most favorable outcomes for Becker’s clients. Whether dealing with hurricane damage, water damage, theft, fire, mold, roof leaks, or other calamities, our team of public adjusters provides the highest level of professionalism and excellence to protect your interests.
Community association boards and managers should ensure that their communities have adequate disaster planning measures in place as hurricane season approaches. To help you in weathering the storm, check out Becker’s Hurricane Guide which provides important tips and information to help protect your community.
For more information, contact your Becker attorney.
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
Becker’s NEW 4-hour Board Certification courses are now available! Don’t miss out on this convenient opportunity to stay informed and compliant! Because of the administrative burden involved in processing certificates and CEU credits, Becker will be charging non-clients and managers a nominal fee to take the 4-hour course. Clients may take the course free of charge. To take our new Board Certification class and/or to see the full roster of all of our online course offerings, click here.
For questions regarding our Classes, please see our FAQ page here.
Featured Testimonial
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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- Revolutionizing Coastal Defense, 3D-Printed Living Seawalls with Anya Freeman of Kind Designs
- From Chaos to Order: Tips from a Decluttering Pro on Hoarding and Maintaining Your Association’s Records
- A Board Members’ Guide to Unexpected Issues – Your Questions Answered
- The Truth About Service Animals and ESAs– Real vs. Fake
- CERTified Safe: Empowering Community Associations with Dr. Jesse P. Spearo
- Redesigning Golf– Teeing Up a Discussion on Golf Course Communities with Golf Course Architect Erik Larsen
- Mastering Construction Contracts: Essential Insights with Steve Lesser
- Community Association Insights with Industry Leader Dawn Bauman of the Community Associations Institute (CAI)
Featured Episode: Mastering Construction Contracts – Essential Insights with Steve Lesser
Whether replacing a roof, undergoing major concrete restoration, or updating your common areas, understanding construction contracts is essential to secure the best possible outcome for your repair or renovation projects. In this week’s Take It To The Board podcast, host Donna DiMaggio Berger unlocks the secrets to mastering construction contracts with Steven Lesser, Shareholder and Chair of Becker’s national Construction Law and Litigation Practice.
CRUCIAL TIPS FOR FILING YOUR HURRICANE DAMAGE CLAIM: AN ADJUSTER’S INSIGHT INTO A BOARD’S FIDUCIARY DUTIES
Florida Community Association Journal
By: Ken Shriberg
As another hurricane season sweeps across Florida, Condominium Associations (COAs), Homeowners Associations (HOAs) and their residents brace for potential storms. With predictions for a particularly intense season, preparation is paramount. From understanding your insurance policy to knowing the critical steps to take before and after a hurricane, being prepared can make a significant difference in handling damage claims as a board navigates their fiduciary duties.
DID YOU KNOW?
Becker is nominated for a 2025 FLCAJ Readers’ Choice Award
Becker is honored FLCAJ Readers have nominated us in the Legal Services Category of this year’s Readers’ Choice Awards. We are grateful our clients and industry friends remain confident in our commitment to educate, protect, and advance the shared ownership communities of Florida.
While proud to be nominated, we still need your support to win the 2025 FLCAJ Readers’ Choice Award! Please click here to submit your vote for Becker! Your support is greatly appreciated!
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EDITORS
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.”
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.”