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Community Update

January 2019

In this Issue

Welcome to 2019! We hope that your year is off to a wonderful start. In this issue we hit the ground running so that you can rest assured your association is beginning the new year on a high note.

Don’t commit a party foul! This month’s featured article, Performing Rights for Organizations and Associations, digs into the do’s and don’ts when using copyrighted material at your next association gathering.

Penalties for Financial Reporting Violations, explores the consequences of an association’s failure to comply with a request from the Division of Condominiums, Timeshares and Mobile Homes with regard to providing its annual financial report.

Avoiding Defense of Selective Enforcement draws on relevant case law examples to discuss owners who find themselves on the wrong side of a covenant enforcement action.

Some associations are still not complying with the new laws on Estoppel Certificates. Find out what is required and the necessary steps to take in our last article, Estoppel Certificates.

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 another fantastic year together.

Marilyn J. Perez-Martinez, Editor

  • Penalties for Financial Reporting Violations

    In 2018, the Florida Legislature revised a provision within the Condominium Act concerning financial reporting.  Specifically, if a condominium association fails to comply with a request from the Division of Condominiums, Timeshares and Mobile Homes (the “Division”) regarding providing a unit owner with a copy of the annual financial report, the condominium association, as …

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  • Avoiding Defense of Selective Enforcement

    A common defense raised by owners who find themselves on the wrong side of a covenant enforcement action is to allege an association’s failure to enforce the covenant at issue against all violators and instead only selectively enforcing it. The defense of selective enforcement is based upon a case decided by the Supreme Court …

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  • Estoppel Certificates

    Some associations are still not complying with the new laws on Estoppel Certificates which is required of condominiums, cooperatives, and homeowners associations. Prior to July 1, 2017, you only had to provide the prospective purchaser with information about the monies owed to the association attributable to the unit being purchased.  Now you must provide …

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Did you know?

The premiere episode of “Can They Do That?” is now available!

When it comes to association rules and bylaws, there seem to be more questions than answers.  Becker’s newly launched 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?”

Watch our first episode which delves into the legality of smoking marijuana in your condo. Community associations across Florida are asking, “Can They Do That?” Find out here.

Don’t miss out on new episodes of “Can They Do That?” Subscribe to Becker’s YouTube channel!