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# Florida Condo & HOA Law Blog

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## Posts

- [Best Practices for Hurricane Preparedness](https://www.floridacondohoalawblog.com/2023/06/27/best-practices-for-hurricane-preparedness/) - It’s that time of year again. As the days get longer and the weather gets hotter, we know that hurricane season is fast approaching. Therefore, this is a good time to review some of the “best practices” to prepare for and protect the association in the event a hurricane comes our way. Ideally, the Board
- [Electronic Meetings and Voting Explained](https://beckerlawyers.com/electronic-meetings-and-voting-explained-news-press/) - Q: Can members of a condominium association vote electronically/remotely and can they be given their notices by e-mail? (K.R., via e-mail) A. Yes. As these terms are often confused, there are several distinct procedures that are often asked about:
- [Board Eligibility Set By Documents](https://beckerlawyers.com/board-eligibility-set-by-documents-news-press/) - Q: Can a spouse of a unit owner, who is not a co-owner of the condominium unit, serve on the board of directors for a condominium association (P.H., via e-mail)? A: It depends on the provisions of your condominium documents. Section 718.112 of the Florida Condominium Act defines the term “candidate” as an “eligible person”
- [Corporate Annual Report Requirements for Community Associations](https://beckerlawyers.com/corporate-annual-report-requirements-for-community-associations-news-press/#new_tab) - Q: I am new to the board of directors at my condominium association, and at a recent board meeting it was brought up that the association has not filed its annual report with the State of Florida. Because of this, the association was at risk of being dissolved. No one on the board knows what
- [Condominium Association Preemptive Rights Explained: What is a Right of First Refusal and Is It the Same as a Right of Approval?](https://www.floridacondohoalawblog.com/2026/07/28/condominium-association-preemptive-rights-explained-what-is-a-right-of-first-refusal-and-is-it-the-same-as-a-right-of-approval/) - Florida condominiums are often created with provisions granting a right of first refusal (ROFR) and/or a right to approve a future purchaser or occupant within the declaration of condominium. Section 718.104(5), Florida Statutes, provides that the declaration of condominium, as originally recorded or as amended, may include covenants and restrictions regarding the transfer of units
- [The HOA Architectural Control Statute Has Again Been Amended](https://www.floridacondohoalawblog.com/2026/07/28/the-hoa-architectural-control-statute-has-again-been-amended/) - The 2026 legislative session did not result in an abundance of legislation amending the statutes governing condominium, cooperative, and homeowners’ associations. One exception is an amendment to Section 720.3035, Florida Statutes, involving architectural control covenants and homeowners’ associations (“HOAs”), which was adopted as part of House Bill 803 (HB 803), and which became effective on
- [New Conflict-of-Interest Rules Under HB 797 Raise the Stakes for Association Directors](https://www.floridacondohoalawblog.com/2026/07/27/new-conflict-of-interest-rules-under-hb-797-raise-the-stakes-for-association-directors/) - Florida House Bill 797 (2026) significantly revises Section 617.0832 of the Florida Statutes, creating a modernized framework for addressing director conflict-of-interest transactions. For condominium and homeowners’ associations, these changes are particularly important because Sections 718.3027 and 720.3033 expressly require association boards to comply with Chapter 617’s conflict-of-interest standards. Conflict-of-interest issues arise whenever a director has
- [Does a Condominium Audit Require Owner Approval](https://beckerlawyers.com/does-a-condominium-audit-require-owner-approval-news-press/#new_tab) - Q: My condominium association has a budget of less than $300,000.00 per year. At a recent board meeting it was stated that the association plans to have an audit of the association’s finances. I understand that the Florida Statute would not require our association to have audit and there was no owner vote taken authorizing
- [Understanding Affidavit Requirements for Florida Community Associations](https://beckerlawyers.com/understanding-affidavit-requirements-for-florida-community-associations/#new_tab) - Q: I have a question regarding affidavits. I am the Secretary of my condominium association and am sometimes asked to sign affidavits for the mailing of meeting notices and similar documents. When are these actually required? (R.M., via e-mail)
- [Board Discretion Over Landscaping Contracts](https://beckerlawyers.com/board-discretion-over-landscaping-contracts/#new_tab) - Q: I am on the board of my condominium association and we were required to get a structural integrity reserve study last year, and we did. We are now faced with unanticipated structural repairs to the building. Florida statutes say that we have to have our structural integrity reserve study completed every 10 years. Is
- [What Information to Include in Association Directories](https://beckerlawyers.com/what-information-to-include-in-association-directories-news-press/#new_tab) - Q: I am working with the board of directors for my association on publishing an owner directory. However, we are confused on what information the association may publish in the directory. What information are we allowed to include? (W.M., via e-mail)
- [Subrogation Explained for Board Members](https://www.floridacondohoalawblog.com/2026/05/26/subrogation-explained-for-board-members/) - Subrogation is a legal concept that frequently arises in community association operations, particularly in the context of property damage claims. While the term may sound technical, the underlying principle is straightforward and important for board members to understand. At its core, with regard to insurance, subrogation occurs when an insurance company pays a claim to
- [Review of the Outcome of the 2026 Legislative Session](https://beckerlawyers.com/review-of-the-outcome-of-the-2026-legislative-session-news-press/#new_tab) - The 2026 Legislative Session for Florida concluded earlier this year and did not result in significant changes to the community association statutes, Chapter 718, the Florida Condominium Act, Chapter 719, the Florida Cooperative Act, and Chapter 720, the Homeowners’ Association Act. A number of bills were introduced, but those bills were not passed by the
- [Understanding the Role, Duty, and Powers of Florida’s Condominium Ombudsman](https://www.floridacondohoalawblog.com/2026/06/29/understanding-the-role-duty-and-powers-of-floridas-condominium-ombudsman/) - The Office of the Condominium Ombudsman is an office of the Division of Florida Condominiums, Timeshares, and Mobile Homes (“Division”) of the Department of Business and Professional Regulation (“DBPR”). The Ombudsman is a bureau chief of the Division, is appointed by the DBPR’s Secretary, and serves at the pleasure of the Governor. The Ombudsman is
- [Board Meeting Frequency and Handling Excess Special Assessment Funds](https://beckerlawyers.com/board-meeting-frequency-and-handling-excess-special-assessment-funds-news-press/#new_tab) - Q: At a recent board of directors meeting the board of my homeowners’ association stated that the next board meeting would not be until later this fall. I was under the impression that the board had to meet at least monthly. What is the rule for frequency of board meetings? (T.Y., via e-mail)
- [Can a Condominium Association Prohibit Medical Marijuana Smoking in the Same Way It Can Prohibit Cigarette Smoking?](https://www.floridacondohoalawblog.com/2026/06/29/can-a-condominium-association-prohibit-medical-marijuana-smoking-in-the-same-way-it-can-prohibits-cigarette-smoking/) - A condominium association may prohibit cigarette smoking in the common elements/common areas by adopting a Rule. An association may also prevent cigarette smoking on a balcony or patio, which are usually limited common elements. If such areas are limited common elements, then, just like with the common elements, the association may adopt a Rule prohibiting
- [Board Member Qualifications and Assessment Delinquencies](https://beckerlawyers.com/board-member-qualifications-and-assessment-delinquencies-news-press/#new_tab) - Q: A husband and wife currently serve on the board of directors of my condominium association. I did not think this was permitted. Are they both allowed to serve on the board?
- [How to Run HOA Meetings That Build Trust, Not Tension](https://beckerlawyers.com/how-to-run-hoa-meetings-that-build-trust-not-tension/#new_tab) - The fastest way to damage trust and delay or derail association operations is to conduct meetings that feel chaotic, secretive, or unsafe. In this episode of Take It To The Board, host Donna DiMaggio Berger is joined by producer Claude Jennings as she walks listeners through the practical mechanics of conducting effective board, committee, and
- [Understanding Receiverships](https://beckerlawyers.com/understanding-receiverships-news-press/#new_tab) - Q: I live in a small condominium association and no one wants to serve on the board. Since we have trouble establishing a board, is having a receiver appointed to run the condominium association an option? (K.F., via e-mail)
- [Fining and Common Facility Use Right Suspensions Discussed](https://beckerlawyers.com/fining-and-common-facility-use-right-suspensions-discussed-news-press/#new_tab) - Q: My homeowners’ association is looking to impose fines or other penalties against owners who violate the rules. We understand that there are limits on the amount a fine but question whether the board has the authority to impose fines. Can you explain the process for fines? (G.R., via e-mail)
- [How Would a Court Determine if Something Is a Nuisance?](https://www.floridacondohoalawblog.com/2026/05/26/how-would-a-court-determine-if-something-is-a-nuisance/) - Among the multitude of challenges that community association boards and managers face daily, nuisance complaints often present particularly thorny issues. Not every unpleasant situation rises to the level requiring the Association’s intervention and knowing where to draw the line is crucial for effective governance. At common law, Florida courts have consistently held that a private
- [The Power Hour For HOA Leaders, with Organizational Strategist Dr. Edward Gurowitz](https://beckerlawyers.com/the-power-hour-for-hoa-leaders-with-organizational-strategist-dr-edward-gurowitz/#new_tab) - Most Board Members and Managers start their day with a plan which can quickly become derailed when, due to various events and challenges, pure reaction mode is activated. Emails explode, “urgent” problems crowd out the important work, and before you know it, you are stuck putting out fires instead of leading. There is a better
- [Understanding Emergency Powers for Florida Community Associations](https://beckerlawyers.com/understanding-emergency-powers-for-florida-community-associations-news-press/#new_tab) - Q: As hurricane season is about to start, can you give an overview of the emergency powers that are granted to community associations under Florida law? (B.S., via e-mail)
- [Understanding Condominium Association Fees in Florida Unit Sales and Transfers](https://beckerlawyers.com/understanding-condominium-association-fees-in-florida-unit-sales-and-transfers-news-press/#new_tab) - Q: I am in the process of selling my condominium unit. What fees or other charges can my condominium association charge in connection with the sale of my unit? (R.B., via e-mail)
- [Do EVs, E-Bikes and Other Devices Present a Community-Wide Fire Risk](https://beckerlawyers.com/do-evs-e-bikes-and-other-devices-present-a-community-wide-fire-risk/#new_tab) - In this episode of Take It To The Board, we wanted something more reliable than rumors and worst-case headlines regarding EV fire risk, so host Donna DiMaggio Berger called someone who works with real data and is a battle-tested first responder: firefighter Emma Sutcliffe, director of EV FireSafe in Australia, the team behind a detailed verified global
- [Understanding Insurance Obligations for Florida Homeowners’ Associations](https://beckerlawyers.com/understanding-insurance-obligations-for-florida-homeowners-associations-news-press/#new_tab) - Q: I own a home in an association and there have been ongoing discussions regarding what type of insurance our homeowners’ association must carry. Our homes are townhouse style with common walls and roofs and there has been confusion as to the type of property insurance policies that the association must have. Does Florida law
- [Notice Requirements for Board Meetings](https://beckerlawyers.com/notice-requirements-for-board-meetings-news-press/#new_tab) - Q: Many of the owners in my homeowner’s association are seasonal, so they are not present during the summer. Our board holds regular meetings throughout the year, including during the summer months. The notice of these board meetings are posted in the clubhouse for the community. However, shouldn’t the board also be required to email
- [When Does the Condominium Act Require an Affidavit?](https://www.floridacondohoalawblog.com/2026/04/27/when-does-the-condominium-act-require-an-affidavit/) - In many sections of Chapter 718, Florida Statutes, also known as the Florida Condominium Act, the statute requires an “affidavit.” An affidavit is a written declaration or statement of facts, made voluntarily and confirmed by sworn oath or affirmation in the presence of a notary public or other officer having authority to administer an oath.
- [Benefits and Drawbacks of Electronic Voting](https://www.floridacondohoalawblog.com/2026/04/28/benefits-and-drawbacks-of-electronic-voting/) - Electronic voting for condominiums, cooperatives and homeowners’ associations was introduced in Florida in 2015. However, now, more than ten years later, some associations still question whether electronic voting is a viable option for their communities. There are a number of potential benefits to electronic voting. First, electronic voting offers a convenient platform for owners to
- [Mind the Invisible Lines: Easements Every Board Encounters](https://www.floridacondohoalawblog.com/2026/04/27/mind-the-invisible-lines-easements-every-board-encounters/) - They may be invisible, but easements run throughout your community. What are they, and why do you need to understand them? At some point, nearly every board will encounter an issue that requires an analysis of easement rights to answer the question, “Can we do that?” At its most basic level, if an association wants
- [¿Vive usted en una comunidad que no acepta mascotas?](https://www.floridacondohoalawblog.com/2026/04/27/vive-usted-en-una-comunidad-que-no-acepta-mascotas/) - La mayoría de las asociaciones de comunidad contienen algún tipo de restricción en sus Documentos Rectores. Algunas asociaciones prohíben todo tipo de mascotas. Otras limitan el tipo, número y/o tamaño de las mascotas que los propietarios pueden tener en sus unidades. Y otras asociaciones permiten mascotas, pero solamente en ciertas localidades de la comunidad. De
- [HOA Board Meeting Attendance and Timing Requirements](https://beckerlawyers.com/hoa-board-meeting-attendance-and-timing-requirements-news-press/#new_tab) - Q: Is a homeowners’ association required to accommodate the schedules of its owners when deciding to hold board meetings? In our community many of the owners work, however, the board holds its meetings during business hours, which prevents most owners from attending. Shouldn’t the board be required to hold its meetings when most owners can
- [What Boards and Managers Need to Know About Residents Aging in Place](https://beckerlawyers.com/what-boards-and-managers-need-to-know-about-residents-aging-in-place/#new_tab) - If your community is well run, chances are you have residents who have remained in place for decades but with more condominium and HOA owners choosing to age in place, the services you provide and the manner in which you operate your community naturally must change. 24 hour access for caregivers, nurses, and aides and
- [Understanding What Belongs in Association Meeting Minutes](https://beckerlawyers.com/understanding-what-belongs-in-association-meeting-minutes-news-press/#new_tab) - Q: I am familiar with your articles concerning unit owner rights to attend board meetings. However, I have a question regarding the minutes of board meetings and what should be included in the minutes. There is some controversy within my association concerning how detailed the minutes of the proceedings must be. Can you elaborate? (V.M.,
- [Understanding Non-Votes in Associations](https://beckerlawyers.com/understanding-non-votes-in-associations-news-press/#new_tab) - Q: I recently read an article you published explaining that if a majority of votes are required to approve a material change at a condominium that a non-vote is considered a “no” vote. In 2026 is a non-vote at a condominium still considered a “no” vote? (K.D., via e-mail)
- [What a Bank Loan Can and Cannot Do For Your Association](https://beckerlawyers.com/what-a-bank-loan-can-and-cannot-do-for-your-association/#new_tab) - The hardest part of running a community association right now is that the bills are getting bigger while the margin for error is getting smaller. Insurance costs keep climbing, buildings are aging, milestone inspections and reserve funding expectations persist, and boards are being asked to approve projects that can cost millions of dollars. So how
- [Unit Owners Have the Right to Attend Board Meetings](https://beckerlawyers.com/unit-owners-have-the-right-to-attend-board-meetings-news-press/#new_tab) - Q: Can you please explain what a board meeting is? We have a seven-member board at my condominium association. I recently learned that three of the directors routinely meet in private to discuss association business. These meetings are not noticed, and members have not been permitted to attend. This seems to be a violation of
- [Three Important Considerations if Your Condominium’s Website is Maintained by Your Management Company](https://www.floridacondohoalawblog.com/2026/03/27/three-important-considerations-if-your-condominiums-website-is-maintained-by-your-management-company/) - Every condominium association managing a condominium with 25 or more units, excluding timeshare units, is now required to have a website (which may be a web portal) or application and a laundry list of documents are required to be posted there. While there are many, here are three important considerations if your condominium association’s website
- [Important Differences Between Flood and Windstorm Insurance. Is Your Association Adequately Protected When the Next Major Storm Hits?](https://www.floridacondohoalawblog.com/2026/03/27/important-differences-between-flood-and-windstorm-insurance-is-your-association-adequately-protected-when-the-next-major-storm-hits/) - Boards of Directors of community associations have a fiduciary duty to its members, and one of the Board’s duties is the protection of the association’s physical assets. In Florida, the need for adequate property insurance to protect against hurricanes and severe storms is inescapable. What is often misunderstood, however, are the coverage differences between protecting
- [Our Condominium Just Turned Over From Developer Control. What’s Next?](https://www.floridacondohoalawblog.com/2026/03/27/our-condo-just-turned-over-from-developer-control-whats-next/) - The developer has just turned over control of the condominium association to the unit owners. There’s a new board and a long to-do list, among which is the important question: What condition is our building really in? The period immediately following turnover is one of the most critical windows in a condominium’s lifecycle. What the
- [Can Associations Keep Extra Special Assessment Funds?](https://beckerlawyers.com/can-associations-keep-extra-special-assessment-funds-news-press/#new_tab) - Q: Last year my condominium association levied a special assessment to fund a project to remodel the building’s lobby. The project is now complete and there is a significant amount of money left over. So, questions are arising as to how the association should handle the surplus funds. What does the association need to do with
- [Why, When and How to Update Your Governing Documents](https://beckerlawyers.com/why-when-and-how-to-update-your-governing-documents/#new_tab) - Outdated governing documents can leave associations enforcing rules written for a different era—leading to confusion, conflict, and unnecessary legal risk. In this episode of Take It To The Board, host Donna DiMaggio Berger is joined by Becker shareholder Nataly Gutierrez Vazquez, a Florida Bar board-certified specialist in condominium and planned development law, to break down what happens when documents
- [Board Term Limits and Website Records Access Explained](https://beckerlawyers.com/board-term-limits-and-website-records-access-explained-news-press/#new_tab) - Q: One of the Directors for our Condominium Association has served for more than eight (8) years, and I noticed that he was included on the ballot for the upcoming election. I understood that term limits prevented a Director from serving more than eight (8) consecutive years. Should this Director have been included on the
- [Educational Requirements For Boards](https://beckerlawyers.com/educational-requirements-for-boards-news-press/#new_tab) - Q: I was recently elected to the Board of my condominium association and had questions concerning my responsibilities to become certified as a new board member for properly complying with the statute regarding educational certification. Can you confirm what is required? (R.F., via e-mail)
- [What You Need to Know About Conspiracy Theories with University of Miami Professor Joseph E. Uscinski](https://beckerlawyers.com/what-you-need-to-know-about-conspiracy-theories-with-university-of-miami-professor-joseph-e-uscinski/#new_tab) - In this week’s episode of Take It To The Board, host Donna DiMaggio Berger sits down with Professor Joseph E. Uscinski, one of the leading scholars on conspiracy theories, to unpack why certain narratives catch fire while others fizzle, and how those same dynamics trickle down from the national stage into Condo hallways and HOA Clubhouses. From definitions that go
- [Minority Unit Owners' Veto Power Over Condo Termination](https://www.floridacondohoalawblog.com/2026/02/26/minority-unit-owners-veto-power-over-condo-termination/) - Termination of a condominium in Florida is a complicated transaction with numerous legal issues at play. F.S 718.117 governs terminations of condominiums and allows termination for economic waste or impossibility or optional termination. Termination because of economic waste or impossibility requires the approval of the lesser of the lowest percentage of voting interests necessary to
- [The Power to Mute](https://www.floridacondohoalawblog.com/2026/02/26/the-power-to-mute/) - There are countless reasons that your community association may benefit from providing remote access to meetings of its members or that of its board of directors. In fact, the availability of remote access alone tends to lead to, at the very least, a positive feeling of increased transparency among the community, due to the ease
- [To Pool Or Not To Pool? Understanding Straight Line Versus Pooled Reserves in Florida Community Associations](https://www.floridacondohoalawblog.com/2026/02/26/to-pool-or-not-to-pool-understanding-straight-line-versus-pooled-reserves-in-florida-community-associations/) - One of the most significant financial decisions facing Florida community associations is how to account for reserve funds. Should your homeowners, condominium or co-op association maintain separate accounts for each reserve component, or combine them into a single pooled fund? This choice affects not only your accounting practices but also your flexibility in managing major
- [Changes in Postmark Rules](https://beckerlawyers.com/changes-in-postmark-rules-news-press/#new_tab) - Q: I understand that the U.S. Postal Service has recently changed how it applies postmarks to mail. How does this change apply to condominium associations, and should associations change their mailing practices? (W.F., via e-mail)
- [A Recall Roadmap — From Petition to Resolution, with Becker’s Jonathan J. Ellis](https://beckerlawyers.com/a-recall-roadmap-from-petition-to-resolution-with-beckers-jonathan-j-ellis/#new_tab) - Recalls are where community politics get real. When a board receives a Recall Petition, emotions run high and so do the legal stakes. In this week’s episode of Take It To The Board, host Donna DiMaggio Berger sits down with Becker shareholder Jonathan J. Ellis, Florida Bar board-certified in condominium and planned development law, to demystify what
- [2022 Hurricane Ian Permit Extension Opportunity Still in Effect](https://www.floridacondohoalawblog.com/2025/08/11/update-opportunity-to-extend-certain-permits-due-to-hurricane-ian-continues/) - Property owners, developers, construction industry professionals, and other permit- and authorization-holders may have even more opportunities for further extensions due to Hurricane Ian in 2022. The following provides an overview of the permit extension available under law, including what gives rise to the extensions, the types of permits and authorizations that are covered, and how
- [Boards Typically Do Not Have Unilateral Authority to Amend](https://beckerlawyers.com/boards-typically-do-not-have-unilateral-authority-to-amend-news-press/#new_tab) - Q: I have noticed that our governing documents contain numerous references to the developer, even though the developer is no longer involved. Can the homeowners’ association’s board have the authority to remove or amend these developer-related references from the documents without requiring a vote of the owners, given that these provisions no longer apply? (J.D.,
- [How Better Business Bureau Tools Can Help Boards Make Safer Hiring Decisions](https://beckerlawyers.com/how-better-business-bureau-tools-can-help-boards-make-safer-hiring/#new_tab) - Hiring a contractor shouldn’t feel like a risky gamble—especially when you’re spending association funds and hoping for a great result for your repair or renovation project. On this week’s episode of Take It To The Board, host Donna DiMaggio Berger talks to Cinthya Lavin, VP of Communications and Community Engagement at the Better Business Bureau, to uncover
- [Understanding Rules on Ballots, Proxies and Electronic Submissions](https://beckerlawyers.com/understanding-rules-on-ballots-proxies-and-electronic-submissions-news-press/#new_tab) - Q: I am an owner in a condominium complex in Naples, Florida. I read your recent article about voting by email and I have additional questions about ballots and proxies. Can ballots and proxies be opened counted in advance of a membership meeting or is an impartial panel required to count them at the meeting and
- [Reserve Studies Explained: What They Are and How Often You Should Update Them](https://www.floridacondohoalawblog.com/2026/01/28/reserve-studies-explained-what-they-are-and-how-often-you-should-update-them/) - A reserve study is a financial planning tool used by condominium associations, homeowners’ associations, and cooperatives in Florida to anticipate and prepare for the cost of the repair (deferred maintenance) and replacement (capital expenditure) of the association’s common assets prepared by an expert (typically an engineer, architect, or a certified reserve specialist). In general, the
- [Installing Security Cameras in Your Condominium](https://www.floridacondohoalawblog.com/2026/01/29/installing-security-cameras-in-your-condominium/) - There are countless reasons that your condominium association may benefit from installing security cameras around the condominium. However, your condominium association should always consult its legal counsel before doing so, as security cameras often trigger nuanced issues that risk civil and criminal liabilities that may not be immediately apparent to your community. For example, the
- [How Can Condominium Associations Enforce Short-Term Rental Bans?](https://www.floridacondohoalawblog.com/2026/01/28/how-can-condominium-associations-enforce-short-term-rental-bans/) - Previously, in Can We Ban Short-Term Rentals in Our Condominium? we discussed what internal actions must be taken in order for your condominium association to ban short-term rentals. This article presupposes that your association has taken action to amend its condominium documents and now seeks to enforce the new short-term rental ban. All condominium enforcement
- [New Condominium Website Requirements Take Effect](https://beckerlawyers.com/new-condominium-website-requirements-take-effect-news-press/#new_tab) - Q: As a board member of a condominium association with more than 25 units, I understand that new website requirements for condos took effect in January 2026. Could you please explain what is now required? (J.D., via e-mail)
- [From Crisis to Compliance– An Engineer’s Explanation of Milestone Inspections and SIRS in Florida Condos](https://beckerlawyers.com/from-crisis-to-compliance-an-engineers-explanation-of-milestone-inspections-and-sirs-in-florida-condos/#new_tab) - In this special episode of Take It To The Board, the podcast hits the road for its first-ever live taping at the Cooperator Trade Show & Expo in Fort Lauderdale. Host Donna DiMaggio Berger is joined by professional engineer Evan Swaysland, president of Swaysland Professional Engineering Consultants, for a clear-eyed discussion of Florida’s mandatory milestone inspections and
- [Esta es la temporada de las reuniones anuales y las elecciones – Pasos a seguir](https://www.floridacondohoalawblog.com/2026/01/26/esta-es-la-temporada-de-las-reuniones-anuales-y-las-elecciones-pasos-a-seguir/) - Primero, tenga en mente que una elección no es necesaria al no ser que haya dos o más candidatos elegibles para una vacante en la junta. Además, una elección general debe llevarse a cabo a la misma vez, y en el mismo lugar de la reunión anual, independientemente de si hay o no hay un
- [Board Authority to Lease Roof Space for Cellular Equipment](https://beckerlawyers.com/board-authority-to-lease-roof-space-for-cellular-equipment-news-press/#new_tab) - Q: A cellphone provider recently approached the board of directors at my condominium association with a proposal to lease part of the roof for installing cellular equipment. Does the board have the authority to lease the roof to the cellphone provider?
- [How To Spot, Stop, And Report Modern Scams — with Paul Greenwood, Former Head of Elder Abuse Prosecution Unit](https://beckerlawyers.com/how-to-spot-stop-and-report-modern-scams-with-paul-greenwood-former-head-of-elder-abuse-prosecution-unit/#new_tab) - The most dangerous scam isn’t the one you’ve never heard of, it’s the one that feels urgent, secret, and strangely personal. Take It To The Board host Donna DiMaggio Berger sits down with Paul Greenwood, who led San Diego’s elder abuse prosecution unit for 22 years, to unpack how fraudsters weaponize emotion, AI, and routine technology to
- [Board Authority to Install Solar Panels](https://beckerlawyers.com/board-authority-to-install-solar-panels-news-press/#new_tab) - Q: The documents for our condominium state that any changes to the common elements require a vote of the unit owners. However, our board decided to install solar panels on the roof without a membership vote. The board president explained that the Florida law allows the board to install solar panels without a vote. Before I
- [Perils and Pitfalls of Social Media in Community Associations](https://www.floridacondohoalawblog.com/2025/01/29/perils-and-pitfalls-of-social-media-in-community-associations/) - Social media has transformed the way people communicate. In restaurants you can look around and see people “dining together” while on their cell phone. I was at a movie theater this weekend and even noticed the white glow of cell phone screens lighting up during the film. Social media, which provides an instantaneous platform to
- [Successful Financial Operation Requires Team Approach](https://beckerlawyers.com/successful-financial-operation-requires-team-approach-news-press/#new_tab) - Q: What advice can you offer to condominium associations on good financial practices and how to make the most of their budgets and reserves? (G.C., via e-mail) A: In my opinion, the most important key to success is a good “team,” which should have members who play particular roles.
- ["Fiduciary Duty" Explained](https://beckerlawyers.com/fiduciary-duty-explained-news-press/#new_tab) - Q: Can you explain what “fiduciary duty” means for a condominium board member and managers? (M.S., via e-mail)
- [New Law Requires Flood History Disclosure](https://beckerlawyers.com/new-law-requires-flood-history-disclosure-news-press/#new_tab) - Q: I own a condominium unit in Florida that I rent out. I heard there is a new law about disclosing flood history to my tenants. I personally have not filed any insurance claims regarding this unit, but I am aware that the condominium association filed a claim for flood damage under its policy last
- ["Personal Vehicle" Parking in HOA](https://beckerlawyers.com/personal-vehicle-parking-in-hoa-news-press/#new_tab) - Q: Is a motor home/RV considered a “personal vehicle” under the Florida Homeowners’ Association Act? Some motor homes require a commercial driver’s license. (A.K-K, via e-mail)
- [What actually moved the needle for Condos & HOAs in 2025?](https://beckerlawyers.com/what-actually-moved-the-needle-for-condos-hoas-in-2025/#new_tab) - In this special year-end episode, host Donna DiMaggio Berger and producer Claude Jennings cut through the noise and reveal the real shifts that changed how community associations operate—from high-stakes legal challenges to the everyday pressures managers and volunteer directors face on the ground. This isn’t just a recap. It’s a reality check.
- [New Reserve Laws Exempt Certain Buildings](https://beckerlawyers.com/new-reserve-laws-exempt-certain-buildings-news-press/#new_tab) - Q: Our condominium consists of a number of buildings with two residential floors with covered parking underneath. It is my understanding that the prior statutes allowed associations to partially fund the reserves. Fully funding the reserves through increased quarterly payments or a sizable special assessment will impose an unnecessary hardship on our owners given all
- [New Laws for Condominium Meetings Held Via Video Conferencing](https://www.floridacondohoalawblog.com/2025/11/25/new-laws-for-condominium-meetings-held-via-video-conferencing/) - The condominium omnibus bill, which was adopted during the 2025 legislative session, amends Florida Statute 718.112 to explicitly allow condominium association meetings to be held by video conference. “Video conference” is defined in the statute to mean any real time audio and video meeting between two or more people via audio and video enabled devices.
- [A New Year’s Guide to Florida’s Holiday Fireworks Statute](https://www.floridacondohoalawblog.com/2025/11/25/a-new-years-guide-to-floridas-holiday-fireworks-statute/) - As New Year’s Day approaches, many Floridians are planning celebrations that may include fireworks. Readers may find it helpful to know that the legal landscape around fireworks has evolved over time, shifting from a period when most fireworks were restricted except under specific circumstances to the current more permissive stance. As a result of these
- [Recording Rules and Rule Changes in the Public Records](https://www.floridacondohoalawblog.com/2025/11/25/recording-rules-and-rule-changes-in-the-public-records/) - Most condominium and homeowners’ associations have the right to adopt and to amend rules and regulations. The community declaration, articles of incorporations, and/or by-laws will often describe an association’s authority and procedures for adopting rules and regulations. Also, the Florida Statutes expressly give associations’ boards of directors the right to adopt rules and regulations concerning
- [Condominium Budget Procedures Explained; Part 2](https://beckerlawyers.com/condominium-budget-procedures-explained-part-2-news-press/#new_tab) - Q: Can you explain how a condominium association’s budget is made and presented? What is the difference between operating expenses and reserves? What are straight-line and pooled methods for reserves? (J.D., via e-mail)
- [Why Solar Energy Makes Sense in the Sunshine State!](https://beckerlawyers.com/why-solar-energy-makes-sense-in-the-sunshine-state/#new_tab) - A rooftop can be a power plant or a battleground. In this week’s Take It To The Board episode, we tackle a central question: should homeowners be able to use solar power without running into resistance from their own community associations? Host Donna DiMaggio Berger speaks with Ben Delman of Solar United Neighbors to break down
- [Condominium Budget Procedures Explained; Part 1](https://beckerlawyers.com/condominium-budget-procedures-explained-part-1-news-press/#new_tab) - Q: Can you explain how a condominium association’s budget is made and presented? What is the difference between operating expenses and reserves? What are straight-line and pooled methods for reserves? (J.D., via e-mail)
- [Importance of Condominium Surveys and Plot Plans](https://beckerlawyers.com/importance-of-condominium-surveys-and-plot-plans-news-press/#new_tab) - Q: I recently bought a condominium unit. While reviewing the documents, I noticed they include a survey and some diagrams, but they did not seem very detailed and were very blurry and hard to read. Are these important? I want to be sure my ownership rights are properly documented. (J.D., via e-mail)
- [Mind Your Manners: Restoring Respect in Condo, Cooperative and HOA Communities](https://beckerlawyers.com/mind-your-manners-restoring-respect-in-condo-cooperative-and-hoa-communities/#new_tab) - What if the secret to calmer board meetings, friendlier hallways, and fewer violation letters is simpler than passing another rule or regulation? In this episode of Take It To The Board, host Donna DiMaggio Berger invites nationally recognized etiquette consultant and author Jodi R.R. Smith to unpack how “etiquette is the younger sibling of the law” and why civility
- [What Should Be Included in a Community Association Budget?](https://www.floridacondohoalawblog.com/2025/10/30/what-should-be-included-in-a-community-association-budget/) - Every community association must prepare an annual budget and use that budget to determine the assessments to be collected for that year. The budget projects income and expenses, and since the budget is only an estimate of future expenses, unexpected events may occur that may prompt the board to make changes to the budget. A
- [Condominium Reserves](https://www.floridacondohoalawblog.com/2025/10/29/condominium-reserves/) - For several years, the Florida Legislature has made condominium reserve issues a priority, continuously revising laws to address and clarify the requirements. With House Bill 913, which has now been in effect for a few months, new reserve mandates and options have been introduced for condominium associations. Some of the new provisions of law include:
- [How to Effectively Communicate With Your Association Attorney](https://www.floridacondohoalawblog.com/2025/10/28/how-to-effectively-communicate-with-your-association-attorney/) - As we all know, time is money. That is especially true when seeking legal advice for your community association. A lawyer’s time and advice are their stock in trade. Often, community association communications are lacking in details and factual content necessary for your attorney to render timely and thorough legal advice. This creates the need
- [Management Contracts Regulated by Florida Statutes](https://beckerlawyers.com/management-contracts-regulated-by-florida-statutes-news-press/#new_tab) - Q: Does the Florida condominium law regulate what has to be in management contracts between the management company and a condominium association? (J.D., via e-mail)
- [Monsters In The Walls — Pest Control Truths for Condos and HOAs](https://beckerlawyers.com/monsters-in-the-walls-pest-control-truths-for-condos-and-hoas/#new_tab) - With Halloween right around the corner, in this episode of Take It To The Board, host Donna DiMaggio Berger and Dee Smith from NatureZone, a family-owned and operated pest control company, peek into the spookier corners of community association life: the creepy crawlies that make residents shiver and board members squirm. Together, they take a peek into
- [Condominium "Units" May Include Raw Land](https://beckerlawyers.com/condominium-units-may-include-raw-land-news-press/#new_tab) - Q: I own several parcels of unimproved land within a condominium development. Recently, the condominium association sent me a bill for unpaid assessments, saying that these lots are considered “units” and therefore subject to assessments. I am unsure whether I am actually required to pay these assessments for my unimproved land, since it has not
- [Going Green Saves Some Green — with Nicolas Milo of KW Property Management](https://beckerlawyers.com/going-green-saves-some-green-with-nicolas-milo-of-kw-property-management/#new_tab) - The landscape of community living is shifting as associations grapple with rising energy costs, climate pressures, and ever evolving resident expectations. In this episode of Take It To The Board, host Donna DiMaggio Berger sits down with Nicolas Milo, Senior Director at KW Property Management, to explore how sustainability is more than just an environmental initiative — it’s also
- [Year End Audit Rules Changed for 2025](https://beckerlawyers.com/year-end-audit-rules-changed-for-2025-news-press/#new_tab) - Q: In 2024, you wrote about that year’s amendments to the condominium statute regarding personal delivery of audit reports to all owners. This is very expensive and seems to be an excessive burden to condominium associations, since most owners are not interested in these lengthy reports. Have any changes been made to this statute? Can
- [Smart Hiring — Vetting Lawyers to Find The Perfect Legal Partner with Becker’s Tana Bucca](https://beckerlawyers.com/smart-hiring-vetting-lawyers-to-find-the-perfect-legal-partner/#new_tab) - Choosing the right attorney for your community association is about much more than comparing hourly rates. In this episode of Take It To The Board, host Donna DiMaggio Berger sits down with Tana Bucca, Vice Chair of Becker’s Community Association practice in New Jersey, to explore what boards should really look for when hiring legal counsel.
- [Owner Claims "Harassment" From Board Member](https://beckerlawyers.com/owner-claims-harassment-from-board-member-news-press/#new_tab) - Q: Can a condominium board member show up at my home and harass me? (K.W., via e-mail) A: “Harassment” in the legal sense is defined in Section 784.048 of the Florida Statutes to include engaging in a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.
- [Have Your Covenants and Restrictions Expired?  It Is Time to Revitalize](https://www.floridacondohoalawblog.com/2025/09/26/have-your-covenants-and-restrictions-expired-it-is-time-to-revitalize/) - The Marketable Record Title Act (“MRTA”) is set forth in Chapter 712, Florida Statutes, and provides that interests in real property are extinguished after thirty (30) years, with limited exceptions, unless preserved through compliance with Chapter 712. Due to the limited exceptions, MRTA generally does not affect condominium associations and co-op associations, but it does
- [Condominium Budgeting Has Changed](https://www.floridacondohoalawblog.com/2025/09/26/condominium-budgeting-has-changed/) - Under a new Florida law, condominium boards must simultaneously provide a substitute budget when proposing an annual budget that exceeds 115% of the previous year’s budget. This substitute budget must exclude discretionary expenditures not required to be in the budget. Boards must determine whether their proposed budget surpasses the 115% threshold, keeping in mind that
- [Does Your Association Need a Civility Policy?](https://www.floridacondohoalawblog.com/2025/09/26/does-your-association-need-a-civility-policy/) - Are your Florida community association board meetings becoming free-for-alls? Are there insults and attacks being exchanged at your member meetings? Has the world become a less kind place, even in a homeowners’ association meeting? Can’t we all just get along? If these problems seem familiar, your community association board of directors may need to consider
- [Raucous HOA Board Meetings Raise Concern](https://beckerlawyers.com/raucous-hoa-board-meetings-raise-concern-news-press/#new_tab) - Q: Our homeowners’ association has a rule of 3 minutes maximum speaking time per owner, per topic. What can we do if an owner refuses to stop talking when their time is up? How can we get the speaker to stop without calling the police? (J.C., via e-mail)
- [La Hora de Preparar el Presupuesto Anual se Acerca](https://www.floridacondohoalawblog.com/2025/09/18/la-hora-de-preparar-el-presupuesto-anual-se-acerca/) - La temporada para preparar el presupuesto se acerca rápidamente, y quiero ponerlos al día sobre los cambios a la ley de condominios relacionados con la adopción de su presupuesto anual para el año 2026. Bajo esta nueva ley, cuando la junta prepara su presupuesto anual que sobrepase el 115% del presupuesto del año previo, debe
- [Budget Amendments Must Follow Specific Process](https://beckerlawyers.com/budget-amendments-must-follow-specific-process-news-press/#new_tab) - Q: Can a condominium association change the budget mid-year without a board vote or notice to owners? (S.S., via e-mail) A: It depends on what you mean by “change the budget,” as that phrase can encompass different things. For example, an association may have budgeted a projected amount for insurance premiums, only to learn that
- [Screening Vendors and Service People for Enhanced Security](https://beckerlawyers.com/screening-vendors-and-service-people-for-enhanced-security/#new_tab) - What’s the point of gates, guards, and security cameras if you’re letting hundreds of unscreened workers into your community? On this week’s episode of Take It To The Board podcast, host Donna DiMaggio Berger talks with security expert Mark Hall to reveal the alarming blind spot in most residential communities’ protection plans. After spending over two decades in law enforcement, Mark
- [Rental Amendments Are Valid; May Require Grandfathering](https://beckerlawyers.com/rental-amendments-are-valid-may-require-grandfathering-news-press/#new_tab) - Q: Is an amendment to our association documents legal under Florida law if it limits my right to rent out my property? (M.W., via e-mail) A: An amendment to a declaration of condominium or covenants that restricts an owner’s ability to lease their unit or home is valid under Florida law, provided it meets the
- [Hard Flooring Bothers Downstairs Neighbor](https://beckerlawyers.com/hard-flooring-bothers-downstairs-neighbor-news-press/#new_tab) - I am text block. Click edit button to change this text. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo. I recently had new flooring installed in my condominium unit. The board president approached me, saying that they have reports from owners of the units below mine complaining they can now hear my family’s footsteps throughout the day. However, I think it is normal to hear footsteps in a condominium, given how close we all live to each other. I am not convinced that soundproofing is necessary. Is the board president overreacting about this?
- [New in 2025: Condos, Co-ops, and CAMS Must Create and Maintain an Account With the DBPR](https://www.floridacondohoalawblog.com/2025/08/27/new-in-2025-condos-co-ops-and-cams-must-create-and-maintain-an-account-with-dbpr/) - The legislature passed a new law during the 2025 legislative session requiring all Condominium and Cooperative Associations to create and maintain an online account with the Department of Business and Professional Regulation (“the DBPR”) on or before October 1, 2025. A whole host of information will be required by the DBPR and must be provided
- [New Condo Board Meeting Rules Explained](https://beckerlawyers.com/new-condo-board-meeting-rules-explained-news-press/#new_tab) - Q: Our condominium has 80 units. We have heard conflicting interpretations about the new law on holding meetings by video conference. Our board has been allowing owners to log in to and speak at board meetings remotely for several years. What has changed? (C.L., via e-mail)
- [Understanding Proxies in Florida Community Association Meetings](https://www.floridacondohoalawblog.com/2025/08/25/understanding-proxies-in-florida-community-association-meetings/) - Navigating membership meetings and proxy usage is vital for effective governance. A proxy is a written authorization allowing a designated person (proxyholder) to vote on a member’s behalf, ensuring representation for non-attending members and aiding with obtaining a quorum. General vs. Limited Proxies In basic terms, a general proxy allows a proxyholder to vote however
- [Wrap-Up of 2025 Condominium Law Changes](https://beckerlawyers.com/wrap-up-of-2025-condominium-law-changes-news-press/#new_tab) - Today’s column is the sixth and final installment discussing House Bill 913, the numerous changes to the Florida statutes that became effective July 1, 2025. Today, a potpourri of miscellaneous changes to the statutes:
- [Changes to Condominium Laws Regarding Financial Reports and Official Records](https://beckerlawyers.com/changes-to-condominium-laws-regarding-financial-reports-and-official-records-news-press/#new_tab) - Today’s column is the fifth installment exploring the 2025 changes to the statutes made by House Bill 913. Today’s topics, changes to the statutes on year-end financial reporting requirements and official records rules.
- [New in 2025: Submitting Condominium Ballots By Email](https://www.floridacondohoalawblog.com/2025/07/29/new-in-2025-condominium-voting-by-email/) - New changes to the condominium electronic voting statute, effective July 1, 2025, create a new framework for condominium voting by allowing owners to submit signed ballots by email. The new statutory changes are far from clear, and practitioners are currently debating the best way to interpret when and how this new voting method is to
- [Can We Ban Short-Term Rentals in Our Condominium?](https://www.floridacondohoalawblog.com/2025/07/29/can-we-ban-short-term-rentals-in-our-condominium/) - With the rise of vacation rental websites such as Airbnb and VRBO, many condominium association leaders wonder what they can do to limit, or prohibit, short-term rentals in their building. The answer is straight forward, but there is a catch. The association must amend its condominium documents to prohibit short-term rentals. This issue was the
- [Associations Beware: Are Your Payroll Practices Setting You Up for a Lawsuit?](https://www.floridacondohoalawblog.com/2025/07/28/associations-beware-are-your-payroll-practices-setting-you-up-for-a-lawsuit/) - Running a successful community association involves juggling many responsibilities - ensuring residents are happy, maintaining common areas, and keeping operations running smoothly at all times. But one crucial area that often gets overlooked and could be a significant source of risk is wage and hour compliance. Getting it wrong when it comes to association staff
- [New Condominium Law Tweaks Reserve Rules](https://beckerlawyers.com/new-condominium-law-tweaks-reserve-rules/#new_tab) - Today’s column is the fourth installment of our annual legislative review, focusing on HB 913, which became effective on July 1, 2025. Today’s topic, reserves.
- [New Condominium Laws Regarding Annual Meetings](https://beckerlawyers.com/new-condominium-laws-regarding-annual-meetings-news-press/#new_tab) - Today’s column is the third installment of our annual legislative review examining the significant changes to the Florida Condominium Act that became effective July 1, 2025. Today’s focus is the annual meeting of the association members required by law for the election of directors and conducting any other business legally required by the bylaws or
- [2025 Changes to Condominium Laws Explained – Part Two](https://beckerlawyers.com/2025-changes-to-condominium-laws-explained-part-two-news-press/#new_tab) - Today’s column is the second installment of our annual review of new legislation affecting Florida community associations, which became effective July 1, 2025. One of the most significant changes involves the annual budget process.
- [Safety at Your Fingertips with Geno Roefaro of SaferWatch](https://beckerlawyers.com/safety-at-your-fingertips-with-geno-roefaro-of-saferwatch/#new_tab) - In an emergency, timing is everything. What if a resident collapses on the pickleball court, suspicious activity is spotted near your property, or a crisis unfolds when you least expect it? The traditional safety net of gates, guards, and cameras falls short without one critical element: immediate, reliable communication.
- [Review of New Condominium Laws for 2025](https://beckerlawyers.com/review-of-new-condominium-laws-for-2025-news-press/#new_tab) - With today’s column, we will begin our annual review of recent Florida legislation affecting community associations. There were no changes to the statutes governing homeowners’ associations governed by Chapter 720 of the Florida Statutes, the Florida Homeowners’ Association Act. The Florida Legislature has adopted several changes that will fundamentally impact condominium operations, effective July 1,
- [Lights, Cameras, Condos – Film Productions in HOAs](https://beckerlawyers.com/lights-cameras-condos-film-productions-in-hoas/#new_tab) - Have you ever wondered if you recognize that stunning condo or picturesque community you see in a movie or TV? Take It To The Board host Donna DiMaggio Berger and Christina Labuzetta, owner of Location Resources and member of the Location Managers Guild International, pull back the curtain on the fascinating world of location scouting for private residences
- [Am I Protected?  Contractual Quandaries for All Associations](https://www.floridacondohoalawblog.com/2025/06/27/am-i-protected-contractual-quandaries-for-all-associations/) - It is summer and contracts are in the air. Some associations may be considering a new management company while others may be considering embarking on a construction/restoration project. Others may be considering alternative landscapers while a select few may be getting a head start on hurricane preparedness contracts. Regardless of the type of contract, it
- [My Safe Florida Condominium Grant Program](https://www.floridacondohoalawblog.com/2025/06/26/my-safe-florida-condominium-grant-program/) - The 2025 My Safe Florida Condominium Grant Program, House Bill 393, was signed by the Governor on June 23, 2025, and became effective upon his signature. The new law changes the eligibility requirements for the My Safe Florida Condominium Grant Program, a program to fund hurricane hardening projects in condominiums. Only those condominium buildings three
- [When ICE Shows Up: What Every Private Community Should Know with Immigration Icon Ira Kurzban](https://beckerlawyers.com/when-ice-shows-up-what-every-private-community-should-know-with-immigration-icon-ira-kurzban/#new_tab) - The ongoing activities throughout the U.S. by Immigration and Customs Enforcement (ICE) has been dominating the news cycle recently and concerns and questions are growing about what to do if you or someone you love has an interaction with ICE at your place of employment, school or inside your community. Association boards face unique challenges
- [¿Eres Un Miembro Nuevo (Elegido O Designado) de la Junta Directiva?](https://www.floridacondohoalawblog.com/2025/06/26/eres-un-miembro-nuevo-elegido-o-designado-de-la-junta-directiva/) - Esté al tanto que sus poderes, obligaciones y deberes están delineados en el Capítulo 718, de los Estatutos de la Florida. No obstante, antes de embarcar en los múltiples asuntos que la junta enfrenta diariamente, un director debe cumplir con la Sección 112.(2)d, que estipula que dentro los primeros 90 días después de ser elegido
- [Different Types of Florida Community Associations Explained](https://beckerlawyers.com/different-types-of-florida-community-associations-explained-news-press/#new_tab) - Q: What is the difference between a condominium association, a homeowners’ association, and a cooperative association? (G.W., via e-mail) A: Good question. You often see references to “the HOA” in social media and elsewhere. These references are often intended to apply to all of mandatory membership housing entities, but legally they are quite different.
- [Tenant Rights Do Not Include Meeting Attendance](https://beckerlawyers.com/tenant-rights-do-not-include-meeting-attendance-news-press/#new_tab) - Q: We have a renter in our HOA who is claiming that he and any other guest, relative, or tenant who wants to come to our board meetings can do so. He states this is because the statute does not specifically preclude their attendance. Is this correct? (C.T., via e-mail)
- [Storm-Ready in Seconds: How Shark Tank’s StormBag Is Changing Hurricane and Severe Weather Prep](https://beckerlawyers.com/storm-ready-in-seconds-how-shark-tanks-stormbag-is-changing-hurricane-and-severe-weather-prep/#new_tab) - The 2025 Atlantic hurricane season is already underway—and it’s expected to be an active one, with forecasts calling for 17 to 25 named storms, up to 13 hurricanes, and as many as 7 major hurricanes. For Florida’s community associations, that means flood preparedness is no longer optional—it’s urgent.
- [Owners Have the Right to Attend HOA Board Meetings](https://beckerlawyers.com/owners-have-the-right-to-attend-hoa-board-meetings-news-press/#new_tab) - Q: When a homeowners’ association holds an open board meeting, do they have the right to restrict that meeting to virtual attendance by homeowners, or should the meeting be open to homeowners to attend in person as well? (P.T., via e-mail)
- [Retaking the Right to Enforce: Explaining the Chattel Shipping Process](https://www.floridacondohoalawblog.com/2025/05/29/retaking-the-right-to-enforce-explaining-the-chattel-shipping-process/) - Generally speaking, an Association may lose its right to enforce its Governing/Condominium Documents if it does so inconsistently, unevenly, or arbitrarily. This is a concept known as “selective enforcement” and is shown when there are instances of similar violations, of which the board had notice but failed to act. When “selective enforcement” is demonstrated, the
- [Don’t Let Your Covenants and Restrictions Expire, Be Sure to Preserve](https://www.floridacondohoalawblog.com/2025/05/29/dont-let-your-covenants-and-restrictions-expire-be-sure-to-preserve/) - The Marketable Record Title Act (“MRTA”) is set forth in Chapter 712, Florida Statutes, and provides that interests in real property are extinguished after thirty (30) years, with limited exceptions, unless preserved through compliance with Chapter 712. MRTA generally does not affect condominium associations and co-op associations (except in limited situations), but it does apply
- [Association Security Liability Questioned](https://beckerlawyers.com/association-security-liability-questioned-news-press/#new_tab) - Q: My condominium association recently hired a security service to post guards at our gated community’s entrance and patrol the grounds. The board’s goal in hiring them was to address owners’ concerns about the rising number of crimes in our area and to reduce the likelihood of crimes happening in our community by having a
- [Beyond the Boardroom: Eastern Medicine for Western Problems, with Dr Tai Johnson](https://beckerlawyers.com/beyond-the-boardroom-eastern-medicine-for-western-problems-with-dr-tai-johnson/#new_tab) - Life in community associations can feel like a pressure cooker—board members navigating tough calls, homeowners facing surprise assessments, and industry professionals managing nonstop demands. The common thread? Stress. In this week’s Take It To The Board podcast, host Donna DiMaggio Berger welcomes Dr. Tai Johnson, a specialist in acupuncture and traditional Chinese medicine, for a fascinating conversation on how
- [Take It To The Board’s 100th Episode Milestone— From Building Castle Group to Industry Icon: A Conversation with James Donnelly](https://beckerlawyers.com/take-it-to-the-boards-100th-episode-milestone-from-building-castle-group-to-industry-icon-a-conversation-with-james-donnelly/#new_tab) - In this special 100th episode of Take It To The Board, we’re excited to welcome back our very first guest, James Donnelly. When host Donna DiMaggio Berger first sat down with James in 2021, he was leading Castle Group, one of Florida’s largest community association management firms. Now, they reunite to reflect on the extraordinary journey James has taken
- [Condo Board Spending Limits Examined](https://beckerlawyers.com/condo-board-spending-limits-examined-news-press/#new_tab) - Q: I was unable to find any information on spending limits in our condominium documents for discretionary projects not included in the budget. I also did not find a process in place for presenting these projects to owners for approval. How can owners effectively control the board’s spending on non-budgeted items? (G.P., via e-mail)
- [Preserving Government Documents Questioned](https://beckerlawyers.com/preserving-government-documents-questioned-news-press/#new_tab) - Q: In the back of my mind, I recall the board, about 10 years ago, filed some sort of “affirmation” of the governing documents. I cannot seem to find the law that tells how often this happens. Is it every 10 years? 30 years? Some other interval? In 2015, when this was done before, the
- [Every Drop Counts– Why Your Building’s Water Quality Matters More Than You Think](https://beckerlawyers.com/every-drop-counts-why-your-buildings-water-quality-matters-more-than-you-think/#new_tab) - Have you ever stopped to think about what’s really coming out of your faucets? This week on Take It To The Board, host Donna DiMaggio Berger sits down with Ed Padula of Quality Water Consultants to uncover the hidden truths about the water we drink, cook with, and bathe in every day. You might be
- [HOA Material Alteration Procedures Questioned](https://beckerlawyers.com/hoa-material-alteration-procedures-questioned-news-press/#new_tab) - Q: Our HOA has been searching for information regarding the percentage required for votes to make changes to common areas when the covenants are silent. Our documents require a two-thirds vote of members for amendments to governing documents, but nothing is said about changes to the common areas. Florida Statute Chapter 718 states 75 percent
- [Project Delay Causing Frustration](https://beckerlawyers.com/project-delay-causing-frustration-news-press/#new_tab) - Q: My HOA collected 300 dollars to build a community dock that was voted on by the owners. There are apparently issues getting a permit, but the information is vague. How long can an association hold homeowners’ money? I feel there is no transparency from the board on this. (D.M., via e-mail)
- [Navigating New Criminal Penalties in Florida's Association Law](https://www.floridacondohoalawblog.com/2025/04/21/navigating-new-criminal-penalties-in-floridas-association-law/) - 2024 has come and gone, and with the new statutes, the Legislature has doubled down on making it clear that no funny business is allowed in association operations – even if they’ve included some fairly obvious new “crimes”. Steal from the association? It’s a crime. Try to cover up a crime? It’s a crime. Who
- [What the Security Statute Means for Condo Associations](https://www.floridacondohoalawblog.com/2025/04/21/what-the-security-statute-means-for-condo-associations/) - Section 768.0706, Florida Statutes, titled “Multifamily Residential Property Safety and Security; Presumption Against Liability,” was enacted in 2023 and provides a legal framework for the “owner or principal operator” of a multifamily residential property to obtain a presumption against liability for criminal acts committed by third parties on their premises. This presumption is available only
- [New HOA Laws on Vehicle Parking Questioned](https://beckerlawyers.com/new-hoa-laws-on-vehicle-parking-questioned-news-press/#new_tab) - Q: Can you comment on the new laws that apply to homeowners’ associations regarding parking vehicles in driveways? Does this law include boat trailers? (H B., via e-mail)
- [Maximizing Owner Votes: Practical Solutions for Turning Around Voter Apathy](https://www.floridacondohoalawblog.com/2025/04/21/maximizing-owner-votes-practical-solutions-for-turning-around-voter-apathy/) - Are your association’s governing documents woefully outdated but the voting threshold required to approve amendments to update your documents so high that it seems you can never make the changes necessary to bring them into the modern age? Is your community in need of improvements or modernization but you are unable to get owner participation
- [Condo Maintenance Responsibilities Disputed](https://beckerlawyers.com/condo-maintenance-responsibilities-disputed-news-press/#new_tab) - Q: As a unit owner, I have come across a provision in our condominium documents that is unclear about maintenance responsibilities. This ambiguity has sparked different interpretations, resulting in disagreements. What is the best way to clarify this provision and resolve the disagreements that stem from it within our community? We would rather hash things
- [MRTA Mystery Unraveled](https://beckerlawyers.com/mrta-mystery-unraveled-news-press/#new_tab) - Q: The manager of our homeowners’ association told the board that it was obligated to put the “MRTA issue” on the agenda for its annual meeting. When pressed for further details, she said it is a complicated real estate law she is not qualified to explain and that we should contact the association’s attorney. Can
- [From Paper to Digital– Revolutionizing Association Document Management, with Trish Mackie-Smith, Co-Founder of Inndox](https://beckerlawyers.com/from-paper-to-digital-revolutionizing-association-document-management-with-trish-mackie-smith-co-founder-of-inndox/#new_tab) - Documenting the condition of your association property has become crucial to comply with new legal requirements as well as to maximize your insurance claims post casualty. Transparency, accessibility, and digital organization also play the critical role of helping to protect resident safety.
- [Director Compensation Questioned](https://beckerlawyers.com/director-compensation-questioned-news-press/#new_tab) - Q: Can directors of a homeowners’ association get paid for their services? As a board member, I do all the administrative tasks for free and think I should be paid for it. (S.H., via e-mail) A: Section 720.303(12) of the Florida Homeowners’ Association Act prohibits the compensation of officers or directors, except under limited circumstances.
- [Rules for a Condominium Association to Consider Regarding the Installation of Electric Vehicle Charging Stations](https://www.floridacondohoalawblog.com/2025/03/26/rules-for-a-condominium-association-to-consider-regarding-the-installation-of-electric-vehicle-charging-stations/) - Electric Vehicles (EV) continue to become more commonplace on our Florida streets. This increase of EVs has also led to an increase in the need for EV Charging Stations (EVCS). In addition to the public EVCS we see in mall parking lots and other public parking stations, owners of EVs are looking for the convenience
- [Beyond Condos –The Cooperative Ownership Model, with Becker’s David Rogel](https://beckerlawyers.com/beyond-condos-the-cooperative-ownership-model-with-beckers-david-rogel/#new_tab) - Condominiums and HOAs may dominate Florida’s shared ownership landscape, but cooperative associations offer a fascinating alternative with their own distinct legal framework and operational quirks. This week, Board-certified community association attorney and Becker shareholder David Rogel joins Take It To The Board host Donna DiMaggio Berger to unravel the mysteries of this older form of shared ownership that continues
- [Competitive Bidding… A Primer for Board Members and Managers](https://www.floridacondohoalawblog.com/2025/03/26/competitive-bidding-a-primer-for-board-members-and-managers/) - Certain contracts entered into by condominium, cooperative and homeowners' associations require competitive bidding. These requirements are found in Section 718.3026 of Florida’s Condominium Act, Section 719.3026 of Florida’s Cooperative Act, and Section 720.3055 of Florida’s Homeowners’ Association Act (collectively the “Acts”). All three Acts require an association to obtain competitive bidding for any contract for
- [Key Points You Should Know About Elevator Safety](https://www.floridacondohoalawblog.com/2025/03/26/key-points-you-should-know-about-elevator-safety/) - Associations in Florida must follow strict legal requirements to safeguard against liability and administrative penalties. Pursuant to Section 399.02(5)(b), Florida Statutes, associations are responsible for elevator safety and maintenance after inspection and certification, even if they outsource maintenance services. This includes not only standard elevators but also escalators, dumbwaiters, moving walks, inclined stairway chairlifts, and
- [HOA Board Education Requirements Questioned](https://beckerlawyers.com/hoa-board-education-requirements-questioned-news-press/#new_tab) - Q: Can you provide an overview of the new law on education requirements for board members of a homeowners’ association? (G.A., via e-mail) A: Section 720.3033(1), of the Florida Homeowners’ Association Act is very poorly written and is difficult to comprehend. The law requires the Florida Department of Business and Professional Regulation to adopt administrative
- [Corporate Transparency Act Saga Continues](https://beckerlawyers.com/corporate-transparency-act-saga-continues-news-press/#new_tab) - On March 2, 2025, the United States Department of Treasury issued the following press release: “The Treasury Department is announcing today that, with respect to the Corporate Transparency Act, not only will it not enforce any penalties or fines associated with the beneficial ownership information reporting rule under the existing regulatory deadlines, but it will
- [To Rise Above–How Home Elevation Is Changing Flood Protection](https://beckerlawyers.com/the-rise-above-how-home-elevation-is-changing-flood-protection/#new_tab) - Flooding is a harsh reality for communities across Florida and the U.S. Rising tides, storm surges, and unpredictable weather have left many searching for solutions beyond sandbags and hope. But what if you could physically lift your home—or even an entire building—out of harm’s way?
- [Litigation Threats by Unit Owner Unsettling](https://beckerlawyers.com/litigation-threats-by-unit-owner-unsettling-news-press/#new_tab) - Q: How can condominium associations handle a unit owner who frequently threatens lawsuits against the association and its board members, especially when these actions seem frivolous and disrupt our ability to manage the community? (S.M., via e-mail)
- [Condominium "Alternative Dispute Resolution" Explained](https://beckerlawyers.com/condominium-alternative-dispute-resolution-explained-news-press/#new_tab) - Q: What is “ADR?” Our condominium association is currently involved in a legal dispute and has been told we “have to go through ADR” before we can go to court.” (J.D., via e-mail)
- [Yes, Estoppel Letters are Addressed by Statute](https://www.floridacondohoalawblog.com/2025/02/26/yes-virginia-estoppel-letters-are-addressed-by-statute/) - With so many other subjects related to condominium and homeowners’ associations consuming so much bandwidth these days, it was not surprising to learn that a community association client of mine was not aware that the Florida Statutes address in detail association estoppel letters. If your association’s board or directors or property manager has been completing
- [Hoarding in Community Associations](https://www.floridacondohoalawblog.com/2025/02/26/hoarding-in-community-associations/) - Community association managers and board members often find themselves dealing with the mental illness of a resident; especially if the resident has no family members willing to help. Hoarding has especially grown in prevalence in community associations. Many associations find themselves wondering how to deal with a hoarder or suspected hoarder. What is hoarding? Hoarding
- [Now Is the Time to Adopt Hurricane Protection Specifications](https://www.floridacondohoalawblog.com/2025/02/26/now-is-the-time-to-adopt-hurricane-protection-specifications/) - In a few short months, the 2025 hurricane season will be upon us, and it is important to start planning ahead. For many years, the Condominium Act provided that each board of a residential condominium was required to adopt hurricane “shutter” specifications including color, style, and other factors deemed relevant by the board. The Homeowners’
- [Diving Into the Developers’ Mindset with Becker’s Jennifer Bales Drake](https://beckerlawyers.com/diving-into-the-developers-mindset-with-beckers-jennifer-bales-drake/#new_tab) - Have you ever wondered about the where, why, what and when questions that developers ask themselves before deciding on their new construction projects? Then this episode of Take It To The Board, is for you. Join us as host Donna DiMaggio Berger sits down with Jennifer Bales Drake, a key figure in Becker’s real estate practice, to break down
- [Condo Voting Terminology Explained](https://beckerlawyers.com/condo-voting-terminology-explained-news-press/#new_tab) - Q: Can you provide clarification on what constitutes a “quorum” of condominium unit owners. We sometimes struggle to distinguish between a majority of owners and a quorum. Could you explain how voting interests relate to quorum requirements? (J.D., via e-mail)
- [Conflict of Interest Laws Explained](https://beckerlawyers.com/conflict-of-interest-laws-explained-news-press/#new_tab) - Q: What constitutes a conflict of interest for a board member in their role of representing and making decisions on behalf of the condominium association? (S.W., via e-mail)
- [A Primer on Mixed-Use Communities and Condo Hotels with Becker Attorney Allison Hertz](https://beckerlawyers.com/a-primer-on-mixed-use-communities-and-condo-hotels-with-becker-attorney-allison-hertz/#new_tab) - Living in mixed-use communities and condo hotels offers certain conveniences but can also pose unique challenges that require careful consideration. In this episode of Take It To The Board, host Donna DiMaggio Berger teams up with Becker attorney Allison Hertz to explore the dynamics of the mixed use lifestyle, legal implications, financial responsibilities, and the day-to-day realities of living in
- [Enforcement Consistency Issues Explored](https://beckerlawyers.com/enforcement-consistency-issues-explored-news-press/#new_tab) - I am on the board of a 54 home HOA. One of the owners has basically all plants in his front yard. That has been that way since I moved into the community 14 years ago. I don’t believe anyone gave him permission to do that but apparently the board at the time turned a
- [Ideal Board Composition Questioned](https://beckerlawyers.com/ideal-board-composition-questioned-news-press/#new_tab) - Q: During our recent condominium association board meeting, we received questions about how the number of board members impacts our effectiveness. Is having an odd number of members important to avoid tie votes? And, does having an even number, whether due to vacancies or not, create challenges for decision-making? (S.W., via e-mail)
- [Condominium Termination: Don’t Let the End Catch You by Surprise](https://www.floridacondohoalawblog.com/2025/01/29/condominium-termination-dont-let-the-end-catch-you-by-surprise/) - We all know how condominiums begin—with renderings, design and finishing selections, friendly sales agents, and, of course, so many documents. However, once a condominium becomes an aging project, particularly one rife with escalating maintenance needs and expenses, it is worth considering how the condominium may be terminated. As background, multi-family dwellings reflecting a shared investment
- [Important Insights from Florida’s Former Condominium Ombudsman](https://beckerlawyers.com/important-insights-from-floridas-former-condominium-ombudsman/#new_tab) - Our last episode of Take It To The Board involved a discussion with an owner in a luxury high-rise who had become disenchanted with some of the governance issues in his community. Today’s episode takes us further on that path as host Donna DiMaggio Berger sits down with Spencer Hennings, who brings firsthand knowledge as Florida’s former Condominium Ombudsman
- [Can 55+ Communities Avoid Compliance With Federal Laws Which Prohibit Age and Familial Status Discrimination?](https://www.floridacondohoalawblog.com/2025/01/29/can-55-communities-avoid-compliance-with-federal-laws-which-prohibit-age-and-familial-status-discrimination/) - In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering that their various rules regulating or prohibiting youngsters’ use of the association’s facilities may run
- [New Hurricane Protection Law Questioned](https://beckerlawyers.com/new-hurricane-protection-law-questioned-news-press/#new_tab) - Q: What is the penalty, if any, for a Florida condo association that refuses to adopt hurricane protection specifications? We have none and there is no interest in doing so. Seems to fall into “they won’t find out about us.” (D.N., via e-mail)
- [Life on The Other Side – A Resident’s Candid Take on Condo Living and Community Governance](https://beckerlawyers.com/life-on-the-other-side-a-residents-candid-take-on-condo-living-and-community-governance/#new_tab) - Everyone knows that boards and management are the decision makers in community associations—but what’s it like to be on the receiving end of those choices? In this week’s episode of Take It To The Board, host Donna DiMaggio Berger flips the script with a guest who provides a candid look at life within a condominium association where he
- [Association Mold Remediation Role Questioned](https://beckerlawyers.com/association-mold-remediation-role-questioned-news-press/#new_tab) - Q: What are the powers and duties of a condominium association in Florida regarding unit repair and reconstruction to treat mold after a hurricane? (L.N., via e-mail) A: Like many legal issues, “it depends.” Mold has been a scary word in association operations over the past couple of decades, primarily after a couple of large
- [Retroactive Application of Rules Explained](https://beckerlawyers.com/retroactive-application-of-rules-explained-news-press/#new_tab) - Q: My condominium association is considering implementing a new rule. They are unsure if the new rule can be applied retroactively to violators who broke the rule before it was enacted. If the board decides to enforce this rule, would they need to amend the bylaws, or can they implement and enforce this retroactively on
- [Meeting Motion Starts Fireworks](https://beckerlawyers.com/meeting-motion-starts-fireworks-news-press/#new_tab) - Q: At the recent annual meeting of our condominium association, the president asked at the end of the meeting if there was any “new business.” I raised my hand and made a motion to appoint a committee to audit the insurance income and expenditures from Hurricane Ian. The president told me she would take it
- [Smoking Ban Raises Questions](https://beckerlawyers.com/smoking-ban-raises-questions-news-press/#new_tab) - Q: My condominium association board recently implemented a “no-smoking” policy after receiving numerous complaints about second-hand smoke. Several residents continue to smoke in their unit and on their balcony, insisting they have the right to do so in their own home. The situation is becoming increasingly contentious. While some residents support the policy, others are
- ["55 and Over" Housing Explained](https://beckerlawyers.com/55-and-over-housing-explained-news-press/#new_tab) - Q: I have a question on people moving into a “55 Plus Park” at age 55 or older. Can I later give the home to a younger relative with children? (G.A., via e-mail) A: The federal Fair Housing Amendments Act of 1988, which became effective in 1989, prohibits discrimination in the terms and conditions of housing based
- [The Impact of Rentals on Community Associations with David Muller, Vice Chair of Becker’s Community Association Practice](https://beckerlawyers.com/the-impact-of-rentals-on-community-associations-with-david-muller-vice-chair-of-beckers-community-association-practice/#new_tab) - This week’s episode of Take It To The Board explores a topic that resonates deeply with many community association boards: the impact rentals have on a community and how to balance an owner’s desire to lease out his or her unit with the association’s desire to foster a stable and invested resident population.
- [South Florida Flash Flooding Provides Permit Extension Opportunity: Recently Extended](https://www.floridacondohoalawblog.com/2024/06/13/south-florida-flash-flooding-may-provide-permit-extension-opportunity/) - Property owners, developers, construction industry professionals, and other permit- and authorization-holders may have an opportunity to extend them further. Qualifying for the Extension On June 12, 2024, the Governor issued Executive Order No. 24-115 declaring a major 60-day state of emergency, for Broward, Collier, Lee, Miami-Dade, and Sarasota Counties due to widespread heavy rainfall and
- ["Single Family" Use Restriction Questioned](https://beckerlawyers.com/single-family-use-restriction-questioned-news-press/#new_tab) - Q: Our board is seeking clarification on the “single family” use restriction stated in our declaration of condominium. The term is not clearly defined in our documents, and we would like guidance on how to interpret this clause when evaluating our potential sales.
- [Fining Notice Procedures Questioned](https://beckerlawyers.com/fining-notice-procedures-questioned-news-press/#new_tab) - Q: I recently read your article about the recent amendments to the statute on fining in homeowners’ associations and have a question. Does the 14-day notice need to be sent by certified mail? (A.G., via e-mail) A: Section 720.305(2)(b) of the Florida Homeowners’ Association Act does not specifically mandate that the 14-day hearing notice be
- [Transforming Your Corporate Culture with Motivational Speaker & Author Chris Dyer](https://beckerlawyers.com/transforming-your-corporate-culture-with-motivational-speaker-author-chris-dyer/#new_tab) - Join host Donna DiMaggio Berger on this week’s Take It To The Board podcast as she welcomes Chris Dyer, a motivational speaker, author, and former CEO who’s led teams of thousands. Ranked as the #1 leadership speaker on culture by Inc. Magazine, Chris is known for his best-selling books, The Power of Company Culture and Remote Work. Together, Donna and Chris share insights
- [Corporate Transparency Act Explained](https://beckerlawyers.com/corporate-transparency-act-explained-news-press/#new_tab) - Q: We recently received an e-mail from our management company regarding the filing requirements of the Corporate Transparency Act. This is the first I’ve ever heard of it. Can you explain what this is? (M.M., via e-mail) A: On January 1, 2021, Congress passed the Corporate Transparency Act (“CTA”). The CTA is intended to deter
- [The Three Key Elements of Properly Noticing a Special Assessment Meeting](https://www.floridacondohoalawblog.com/2024/11/26/the-three-key-elements-of-properly-noticing-a-special-assessment-meeting/) - Special assessments are becoming more and more common in community associations. As the frequency of special assessments increases, so does the possibility of delinquencies in payment of the special assessments. A crucial element of collection of a delinquent special assessment is proving that the special assessment was properly adopted at a properly noticed board meeting.
- [The Owner’s Account Is Already in Collections - Why Do I Have to Send a New Notice of Late Assessment for a New Special Assessment?](https://www.floridacondohoalawblog.com/2024/11/26/the-owners-account-is-already-in-collections-why-do-i-have-to-send-a-new-notice-of-late-assessment-for-a-new-special-assessment/) - Community associations have become very familiar with the statutory requirement that a 30 day Notice of Late Assessment must be sent to an owner prior to turning the account over to an attorney for collections. However, confusion over the need to send a Notice of Late Assessment often arises when an association adopts a new
- [Bank Commitment Letter Pitfalls for Condominiums](https://www.floridacondohoalawblog.com/2024/11/26/bank-commitment-letter-pitfalls-for-condominiums/) - When a condominium association is seeking to obtain a loan, too often the board is signing the Bank’s commitment letter before having that document reviewed by legal counsel. While some banks will permit the association to amend the commitment letter after the fact, through revisions to the loan documents, others will not permit that to
- [State Regulation of HOA’s Limited](https://beckerlawyers.com/state-regulation-of-hoas-limited-news-press/#new_tab) - Q: What is the “DBPR” and does it have authority over homeowners’ associations? (C.S., via e-mail) A: The Florida Department of Business and Professional Regulation is an executive branch state agency in Florida. Its secretary is appointed by the Governor.
- [Addressing Florida’s Condo Crisis and How to Fix It](https://beckerlawyers.com/addressing-floridas-condo-crisis-and-how-to-fix-it/#new_tab) - The aftermath of the Champlain Towers tragedy has led to a flurry of legislative responses, but are they hitting the mark? Was the Florida Legislature’s response to the Champlain Towers tragedy misguided in terms of overlooking some key factors that led to that deadly collapse and placing some obligations on the parties least able to
- [Remote Meeting Procedures Questioned](https://beckerlawyers.com/remote-meeting-procedures-questioned-news-press/#new_tab) - Q: Am I entitled to ask questions or speak at association meetings if I am attending remotely via an online platform? The application used by my condominium association does not provide a way to ask questions, and I am worried this might be against Florida Statutes. (J.D., via e-mail)
- [Board Vacancy Raises Questions](https://beckerlawyers.com/board-vacancy-raises-questions-news-press/#new_tab) - Q: A member of our condominium association board recently resigned, unexpectedly, part way through the first year of their two-year term. According to our bylaws, a board member appointed to fill a vacancy serves until the next scheduled election. Does the temporary replacement serve only until the next annual meeting, or can they fill out
- [Fire Sprinkler and ELSS Deadlines Extended by Florida Fire Prevention Code](https://www.floridacondohoalawblog.com/2024/10/29/fire-sprinkler-and-elss-deadlines-extended-by-florida-fire-prevention-code/) - For those of you who own a condominium unit in a high-rise building, you are keenly aware of the many changes through the years to the fire safety requirements for high-rise buildings. The Condominium Act, in Section 718.112(2)(n), Florida Statutes, currently states that all high-rise buildings had to retrofit with either a fire sprinkler system
- [What Is the Difference Between Mediation and Arbitration?](https://www.floridacondohoalawblog.com/2024/10/29/what-is-the-difference-between-mediation-and-arbitration/) - Whether you are a member of a condominium association or homeowners’ association, the respective statutes require the owners and the association to engage in alternative dispute resolution for certain disputes before a complaint is filed in court. The two types of alternative dispute resolution recognized by the Condominium Act and the Homeowners’ Association Act are
- [Condominium Officers, Directors and Managers Who Solicit, Offer to Accept, or Accept "Kickbacks" Now Commit a Felony of the Third Degree](https://www.floridacondohoalawblog.com/2024/10/29/condominium-officers-directors-and-managers-who-solicit-offer-to-accept-or-accept-kickbacks-now-commit-a-felony/) - Florida lawmakers revised Chapter 718, Florida’s Condominium Act, once again following the 2024 Legislative Session through House Bill 1021, which was signed by Governor DeSantis and became effective July 1, 2024. One of the most surprising revisions to some, was the addition of criminal penalties for certain conduct in violation of Chapter 718. Specifically, Section
- [Abandoned Properties Regulated By Statute](https://beckerlawyers.com/abandoned-properties-regulated-by-statute-news-press/#new_tab) - Q: What rights does a condominium association have when dealing with an abandoned unit, and under what circumstances can it go into the unit? (K.Y., via e-mail) A: Section 718.111(5)(b) of the Florida Condominium Act provides that even if the declaration of condominium or other recorded condominium documents do not explicitly provide such authority, the
- [A Guide to Impact-Resistant Windows and Doors](https://beckerlawyers.com/a-guide-to-impact-resistant-windows-and-doors/#new_tab) - On this week’s episode of Take It To The Board podcast, we’re opening the doors—and windows—to a topic that’s both timely and critical for community associations both in hurricane season and year-round impact doors and windows. Host Donna DiMaggio Berger and guest Ben Friedman, owner and President of CitiQuiet Windows, explore the ins and outs of impact-resistant windows
- [HOA Rulemaking Procedures Questioned](https://beckerlawyers.com/hoa-rulemaking-procedures-questioned-news-press/#new_tab) - Q: Recently, the board of our homeowners’ association amended the community rules without filing the updated document with the county clerk. They only noted the change on our website. Can the board enforce a rule change that wasn’t officially recorded? (E.R., via e-mail)
- [Condo Director Term Limits Questioned](https://beckerlawyers.com/condo-director-term-limits-questioned-news-press/#new_tab) - Q: Our condominium association hasn’t held elections for many years due to a lack of more applicants than available board seats. We are considering amending how we handle board terms and adding term limits at the next annual meeting. Should we implement staggered terms for continuity and fair rotation, or should board members be allowed
- [Navigating the Stormy Landscape of Disaster Recovery and Insurance — with Wayne Srsen and Kelly Kuhn](https://beckerlawyers.com/navigating-the-stormy-landscape-of-disaster-recovery-and-insurance-with-wayne-srsen-and-kelly-kuhn/#new_tab) - In the aftermath of Helene’s wrath and Milton’s threatening approach, this week’s episode of Take It To The Board, hosted by Donna DiMaggio Berger, takes us on the emotional journey of community association industry veterans Wayne Srsen and Kelly Kuhn as they share their firsthand experiences with natural disasters and the insurance industry. They also highlight
- [New Website Laws on the Horizon](https://www.floridacondohoalawblog.com/2024/10/06/new-website-laws-on-the-horizon/) - Q: Do the new requirements for associations under Chapters 718 and 720 mandate that their websites must have public-facing pages, or is it sufficient for these websites to only have a password-protected area for members to access the required documents? (R.P., via e-mail)
- [Delinquent Assessment Rights Discussed](https://beckerlawyers.com/delinquent-assessment-rights-discussed-news-press/#new_tab) - Q: I recently reviewed communications from our condominium management regarding penalties for unit owners who fail to pay their maintenance fees. I find the penalties to be insignificant and ineffective. I am frustrated that those who don’t pay their share of our expenses seem unaffected and continue to enjoy amenities, making these penalties a real
- [Community Association Insights with Industry Leader Dawn Bauman of the Community Associations Institute (CAI)](https://beckerlawyers.com/community-association-insights-with-industry-leader-dawn-bauman-of-the-community-associations-institute-cai/#new_tab) - Learn the secrets to help your community thrive on this week’s Take It To The Board podcast, as host Donna DiMaggio Berger sits down with Dawn Bauman, Senior Vice President of Government and Public Affairs at the Community Associations Institute (CAI). Dawn is a leading advocate for HOAs, condos, and co-ops across the U.S. and internationally. With nearly
- [The DBPR Now Has Broader Authority to Investigate and Enforce Compliance](https://www.floridacondohoalawblog.com/2024/09/27/the-dbpr-now-has-broader-authority-to-investigate-and-enforce-compliance/) - 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
- [New Heat Protection Rule Is Set to Take Effect](https://www.floridacondohoalawblog.com/2024/09/27/new-heat-protection-rule-is-set-to-take-effect/) - 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
- [Guarding Against the Unauthorized Practice of Law](https://www.floridacondohoalawblog.com/2024/09/27/guarding-against-the-unauthorized-practice-of-law/) - 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
- [Free Speech is Not Always Free](https://beckerlawyers.com/free-speech-is-not-always-free-news-press/#new_tab) - Q: Can an owner of a condominium association exercise free speech to protest issues with their condominium association? (J.D., via e-mail) A: That is a complicated legal question. The First Amendment to the United States Constitution only prohibits the federal government from abridging free speech rights. That protection is extended to the States and their
- [HOA Deadline Approaching/Publication of Rules and Covenants](https://beckerlawyers.com/hoa-deadline-approaching-publication-of-rules-and-covenants-news-press/#new_tab) - Q: I am on the board of our homeowners’ association. I have been reading about all the new required actions our board is supposed to take. One of the new changes deals with sending our documents out. Can you clarify what we are supposed to do? (S.F., via e-mail)
- [Mastering Construction Contracts: Essential Insights with Steve Lesser](https://beckerlawyers.com/mastering-construction-contracts-essential-insights-with-steve-lesser/#new_tab) - 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
- [Update: Condo/Co-Op/HOA Meeting Agendas & Notice Requirements](https://www.floridacondohoalawblog.com/2023/06/16/condohoa-meeting-agendas-notice-requirements-2/) - Florida laws governing community associations require notice of meetings to encourage owner participation. Here is a helpful guide summarizing the notice requirements under statute; however, this guide is not intended to be all inclusive and is only for general reference.
- ["Crucial Tips for Filing Your Hurricane Damage Claim: An Adjuster's Insight into a Board’s Fiduciary Duties" - Florida Community Association Journal](https://www.floridacondohoalawblog.com/2024/09/09/crucial-tips-for-filing-your-hurricane-damage-claim-an-adjusters-insight-into-a-boards-fiduciary-duties-florida-community-association-journal/) - 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
- [Electronic Voting in Elections Now Common](https://beckerlawyers.com/electronic-voting-in-elections-now-common-news-press/#new_tab) - 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”
- [Board Meeting Absences Questioned](https://beckerlawyers.com/board-meeting-absences-questioned-news-press/#new_tab) - Q: One of the board members of our homeowners’ association has attended only one meeting in the past year and has not provided any reasons for their absences. I found no clear guidelines in our association’s documents on how to handle such situation. Our board president is content to tolerate the absences. Are there any
- [Redesigning Golf– Teeing Up a Discussion on Golf Course Communities with Golf Course Architect Erik Larsen](https://beckerlawyers.com/redesigning-golf-teeing-up-a-discussion-on-golf-course-communities-with-golf-course-architect-erik-larsen/#new_tab) - Ready to reevaluate your perceptions of golf course communities and their design? In this episode, host Donna DiMaggio Berger takes you behind the scenes with Erik Larsen, Golf Course Architect and former Vice President of the Arnold Palmer Design Company, as he reveals the intricacies of transforming landscapes into world-class golf courses. Erik has overseen golf course projects
- [2024 Hurricane Law Update](https://www.floridacondohoalawblog.com/2024/08/28/2024-hurricane-law-update/) - What’s New for 2024? It’s likely that most property owners reading this have been through more than one hurricane season in Florida. Therefore, much of the information in Becker’s Hurricane Preparedness and Recovery Guide is probably not altogether new to them. However, the 2024 legislative session was particularly active and resulted in several new laws
- [If Your Condominium Has 25 or More Units There Is a New Website Requirement](https://www.floridacondohoalawblog.com/2024/08/28/if-your-condominium-has-25-or-more-units-there-is-a-new-website-requirement/) - Prior to July 1, 2024, only associations operating condominiums with 150 or more units were required to have a website. However, Florida lawmakers expanded this mandate through House Bill 1021, which was signed by Governor DeSantis and became effective July 1, 2024, to include any association operating a condominium with 25 or more units. The
- [My Safe Florida Condominium Pilot Program](https://www.floridacondohoalawblog.com/2024/08/28/my-safe-florida-condominium-pilot-program/) - Newly created Florida Statute 215.5587 establishes the My Safe Florida Condominium Pilot Program- a grant program to help condominiums within 15 miles inward from the coastline offset the cost of certain building improvement projects to strengthen their buildings against hurricanes. The grant program was funded by a thirty-million-dollar appropriation, with a maximum grant of $175,000.00
- [Making It Easier to Amend Governing Documents](https://www.floridacondohoalawblog.com/2024/08/28/making-it-easier-to-amend-governing-documents/) - Clients frequently ask how to amend their governing documents, and how to make the amendment process easier. There is one preliminary step I recommend, to help an association successfully amend their governing documents. First, I recommend a board look to the amendment provisions in the governing documents. Your declaration of condominium or declaration of covenants,
- [Marketable Record Title Act Requires Action By HOA](https://beckerlawyers.com/marketable-record-title-act-requires-action-by-hoa-news-press/#new_tab) - Q: I am a member of a homeowners’ association that was established with governing documents written and recorded in 1994. Recently, I received a packet for an upcoming association meeting, which included an item on the agenda about renewing our governing documents under the Marketable Record Title Act. This packet also included a notice informing
- [CERTified Safe: Empowering Community Associations with Dr. Jesse P. Spearo](https://beckerlawyers.com/certified-safe-empowering-community-associations-with-dr-jesse-p-spearo/#new_tab) - Can ordinary citizens become heroes during a disaster? Discover how Community Emergency Response Teams (CERTs) help everyday people play essential roles in emergency situations. Join Take It To The Board host Donna DiMaggio Berger and guest Dr. Jesse P. Spearo, the Emergency Management Administrator for Miami-Dade County, as they share insights into how CERT volunteers provide critical
- [Wrap Up of 2024 Legislative Review](https://beckerlawyers.com/wrap-up-of-2024-legislative-review-news-press/#new_tab) - Today’s column is the seventh and final installment of our review of 2024 legislation affecting Florida community associations. Today, we will continue our review of some major changes made to the laws regulating homeowners’ associations, with a focus on new rules on architectural changes, governing document disclosures, hurricane protection requirements, as well as some miscellaneous
- [2024 HOA Law Changes Explored](https://beckerlawyers.com/2024-hoa-law-changes-explored-news-press/#new_tab) - Today’s column is the sixth installment of our review of 2024 legislation affecting Florida community associations. Today, we will continue our review of some major changes made to the laws regulating homeowners’ associations, with a focus on new rules on fines by HOA’s and new regulations on pickup trucks.
- [2024 Legislature Makes Significant HOA Changes](https://beckerlawyers.com/2024-legislature-makes-significant-hoa-changes-news-press/#new_tab) - Today’s column is the fifth installment of our review of 2024 legislation affecting Florida community associations. The first four pieces dealt with changes to the condominium statutes and rules for community association managers and management companies. Today, we will begin our review of some major changes made to the laws regulating homeowners’ associations.
- [The Truth About Service Animals and ESAs– Real vs. Fake](https://beckerlawyers.com/the-truth-about-service-animals-and-esas-real-vs-fake/#new_tab) - Millions of people depend on assistance animals to help them engage in major life activities. On the flip side, some people try to pass off their pets as assistance animals to skirt the rules in pet-restricted communities, restaurants, airplanes, and other places where pets are not allowed. So how do you spot the difference between
- [Delivering Marketable and Insurable Title After Condo Termination](https://www.floridacondohoalawblog.com/2024/07/29/delivering-marketable-and-insurable-title-after-condo-termination/) - In the aftermath of Hurricane Ian, many condominiums in the Southwest Florida area were substantially damaged. While many Associations are in the process of rebuilding, some have not been able due to the high costs involved. As result, some of these associations have elected to terminate the condominium form of ownership and sell the condominium
- [Ask About Incidental Damages Before Starting Your Condo’s Maintenance Project](https://www.floridacondohoalawblog.com/2024/07/29/ask-about-incidental-damages-before-starting-your-condos-maintenance-project/) - Incidental damages are damages that are caused by associations to portions of buildings that unit owners are required to maintain. The most common example occurs when an association has its contractor go into a unit and remove portions of the wall or the floor to gain access to common elements which require repair. Incidental damages
- [2024 Legislative Review Continues – Part 2](https://beckerlawyers.com/2024-legislative-review-continues-part-2-news-press/#new_tab) - Today’s column is the fourth installment of our review of 2024 legislation affecting Florida community associations. The first three pieces dealt with changes to the condominium statutes. Today we will wrap up the discussion on changes to the condominium statutes and cover some major changes made to the laws regulating community association managers and management
- [2024 Legislative Review Continues](https://beckerlawyers.com/2024-legislative-review-continues-news-press/#new_tab) - Today’s column is the third installment of our review of 2024 legislation affecting Florida community associations. The first two pieces dealt with changes to the condominium statutes, as will today’s review.
- [The Plan - Identifying the Potential Consequences of a Disaster](https://www.floridacondohoalawblog.com/2024/05/09/the-plan-identifying-the-potential-consequences-of-a-disaster/) - The first step toward developing and implementing a disaster plan is identifying the potential consequences of a disaster. The second step is to develop and implement a plan to mitigate the impact of a disaster to the fullest extent possible.
- [A Board Members’ Guide to Unexpected Issues – Your Questions Answered](https://beckerlawyers.com/a-board-members-guide-to-unexpected-issues-your-questions-answered/#new_tab) - Navigating the complexities of community association governance is increasingly challenging due to evolving laws, heightened personal liability for board members, and onerous regulation including the personal information required of volunteer board members under the controversial Corporate Transparency Act. In this episode of Take It To The Board, host Donna DiMaggio-Berger and producer Claude Jennings Jr.
- [Review of Condo Law Changes Continues](https://beckerlawyers.com/review-of-condo-law-changes-continues-news-press/#new_tab) - This is the second installment of my annual legislative review for 2024. The first segment looked at changes to the condominium laws regarding director education, mandatory website requirements, new board meeting procedures, and the addition of criminal penalties for certain aspects of condominium statute violations.
- [Annual Legislative Review Begins](https://beckerlawyers.com/annual-legislative-review-begins-news-press/#new_tab) - 2024 was a particularly active year for community association legislation. There were several hundred pages of legislation affecting condominium, cooperative and homeowners’ associations. Community association legislation is often described as “the good, the bad, and the ugly.” 2024 was a notable exception in that not much “good” appears to have been done.
- [From Chaos to Order: Tips from a Decluttering Pro on Hoarding and Maintaining Your Association’s Records](https://beckerlawyers.com/from-chaos-to-order-tips-from-a-decluttering-pro-on-hoarding-and-maintaining-your-associations-records/#new_tab) - Are you struggling with a hoarder in your association and need practical advice? Do your Association’s books and records need some attention now that new laws in Florida require them to be kept in an “organized fashion”? Tune in to “Take it to the Board” with Donna DiMaggio Berger as she unpacks these issues with
- [Owners May Install EV Charging Stations](https://beckerlawyers.com/owners-may-install-ev-charging-stations-news-press/#new_tab) - Q: I recently moved into a condominium that provides electrical outlets at each parking space, and I have been using one of these outlets to charge my plug-in hybrid car. The board informed me that I am not allowed to use the outlet because it is considered a common area, and they do not want
- [New Requirements for Condominium Association on Inspections of Official Records](https://www.floridacondohoalawblog.com/2024/06/25/new-requirements-for-condominium-association-on-inspections-of-official-records/) - The Florida Legislature adopted House Bill (HB) 1021, which was recently signed into law by the Governor which makes certain changes to Chapter 718, Florida Statutes, known as the Condominium Act. It will become law on July 1, 2024. A comprehensive review of all of the changes is beyond the scope of this article, but
- [Meetings and Records Request Rules](https://www.floridacondohoalawblog.com/2024/06/25/meetings-and-records-request-rules/) - Unfortunately, one of the more common calls I receive from community association clients concerns how to deal with unruly or disruptive members. These members disrupt association board meetings and committee meetings, often by speaking out of turn, refusing to sit down, yelling, screaming, and defaming board members. Other disruptive methods employed by some members include
- [HB 1203, Effective July 1, 2024, Changes HOA Fining Requirements](https://www.floridacondohoalawblog.com/2024/06/25/hb-1203-effective-july-1-2024-changes-hoa-fining-requirements/) - When Florida lawmakers concluded their 2024 Legislative Session, a number of bills passed that affect community associations. House Bill 1203, which was signed by Governor DeSantis and is effective July 1, 2024, changes the game when it comes to fining in homeowners’ associations that are governed by Chapter 720, Florida Statutes. Homeowners’ associations may still
- [New Law Requires Dissemination of Documents](https://beckerlawyers.com/new-law-requires-dissemination-of-documents-news-press/#new_tab) - Q: I recently bought a house and became a new member of a homeowners’ association. The association did not give me or my realtor a copy of the association’s rules and covenants before my purchase. Can you explain the new law on this that I was told recently passed? (J.D., via e‑mail)
- [Revolutionizing Coastal Defense, 3D-Printed Living Seawalls with Anya Freeman of Kind Designs](https://beckerlawyers.com/revolutionizing-coastal-defense-3d-printed-living-seawalls-with-anya-freeman-of-kind-designs/#new_tab) - The recent flooding in South Florida makes today’s episode of Take It To The Board particularly timely. Anya Freeman, the visionary founder of Kind Designs, sits down with host Donna DiMaggio Berger to explain her groundbreaking approach to protecting our coastal properties and shorelines. Anya explains how her 3D-printed Living Seawalls mimic natural marine habitats like mangrove
- [The Do’s and Don’ts of Association Committees with Becker’s Ken Direktor](https://beckerlawyers.com/the-dos-and-donts-of-association-committees-with-beckers-ken-direktor/#new_tab) - Does your association have committees? Do you find them to be a helpful addition to association operations or a harmful “shadow board” with the potential to create liability for the association, its directors, and members? Host Donna DiMaggio Berger sits down with Ken Direktor, Chair of Becker’s Community Association practice, to peel back the curtain on the inner
- [Violation Notices Part of Official Records](https://beckerlawyers.com/violation-notices-part-of-official-records-news-press/) - Q: Does a member of a homeowners’ association have the right to review a list of properties that have violated the HOA rules, such as landscape plants that are not permitted or exterior house paint colors not approved? (A.C., via e-mail)
- [A Lobbyist’s Lens: A Bird’s Eye View of the Legislative Process, Community Advocacy and Condo Law with Lobbyist Travis Moore of Moore Relations, Inc.](https://beckerlawyers.com/a-lobbyists-lens-a-birds-eye-view-of-the-legislative-process-community-advocacy-and-condo-law-with-lobbyist-travis-moore-of-moore-relations-inc/#new_tab) - Host Donna DiMaggio Berger takes listeners behind the curtain of Florida’s legislative process with lobbyist Travis Moore of Moore Relations, Inc. to uncover what lobbyists do, how they do it, and why community association leaders and residents need to know about this process. Together, they discuss the often misunderstood role of lobbying in shaping laws that impact
- [Homeowner Association Architectural Review Standards](https://www.floridacondohoalawblog.com/2024/05/30/homeowner-association-architectural-review-standards-asap/) - Two of the bills signed into law this month by the Governor modify Florida Statute 720.3035 regulating architectural review. Because of these two pending changes to the law, homeowner’s associations should review their architectural review with their community association attorney. House Bill 293, Hurricane Protections for Homeowners’ Associations, adds to Florida Statute 720.3035 a requirement
- [Does a Condominium Have a 115% Cap on Increasing Assessments?](https://www.floridacondohoalawblog.com/2024/05/30/does-a-condominium-have-a-115-cap-on-increasing-assessments/) - The increase in costs, especially insurance premiums, have been difficult for condominium associations in the past couple of years. I have been asked on many occasions if there is a cap on increasing the budget by more than 115% from the previous year. Section 718.112(2)(e)(2)(a), Florida Statutes, provides a procedure to be followed if the
- [Vacation Rentals and Community Associations](https://www.floridacondohoalawblog.com/2024/05/30/vacation-rentals-and-community-associations/) - Over the past few years, Airbnb and VRBO (collectively referred to as “Vacation Rentals”) have become a very popular form of short-term rental. Vacation Rentals include a range of rentals from houses, condos, or in some instances rooms for a period under 30 days’ at a time. While some owners believe they have this right
- [Estoppel Charges Adjusted for Inflation](https://beckerlawyers.com/estoppel-charges-adjusted-for-inflation-news-press/#new_tab) - Q: I recently requested an estoppel certificate from our homeowners’ association to confirm the dues and fees associated with my property in connection with my selling the home. When I received the bill, the amount charged was higher than the cap mentioned in the Florida Homeowners’ Association Act. Can they legally charge more than what
- [Law Does Not Require Recording Rules](https://beckerlawyers.com/law-does-not-require-recording-rules-news-press/#new_tab) - Q: The board of my association recently passed a new set of rules. Do we have to record these in the county records for them to be enforceable? (G.W., via e-mail) A: The “recording” of a legal document involves filing it with the Clerk of Court in the relevant Florida county. The law does not
- [The Benefits of “Umbrella Organizations” with Brickell Homeowners Association’s President, Ernesto Cuesta](https://www.floridacondohoalawblog.com/2024/05/08/the-benefits-of-umbrella-organizations-with-brickell-homeowners-associations-president-ernesto-cuesta/) - When it comes to community associations, joining forces under a voluntary “umbrella organization” often proves more beneficial than going it alone. Members reap the rewards of shared knowledge, vendor connections, advocacy, and educational resources. In this week’s episode of Take It To The Board, host Donna DiMaggio Berger sits down with Ernesto Cuesta, President of the Brickell
- [Refund Rights Run with Title](https://beckerlawyers.com/refund-rights-run-with-title-news-press/#new_tab) - Q: My condominium association board assessed seven thousand dollars per unit right after the Hurricane Ian in 2022, which I paid. The board has now decided they do not need the funds and have voted to return them to the owners. I sold my condo unit after the refund decision was made, but before the
- [Roofing Changes Usually Require Member Vote](https://beckerlawyers.com/roofing-changes-usually-require-member-vote-news-press/#new_tab) - Q: Our condominium association is thinking about changing roofing materials. Our bylaws say that a majority of the unit owners who participate in a meeting can decide any issue, “unless a specific voting percentage is stipulated in the declaration, these bylaws or law.” Does this mean that a majority of the unit owners can approve
- [Crafting and Protecting Your Community’s Trademark with Becker’s Valeria Angelucci](https://beckerlawyers.com/crafting-and-protecting-your-communitys-trademark-with-beckers-valeria-angelucci/#new_tab) - Has your association ever faced the challenge of a shadow website or social media page imitating your own? Have you discovered your community’s name being used by a business entity without permission? Host Donna DiMaggio Berger, along with guest Valeria Angelucci from Becker’s Corporate Practice, shed light on these common issues. Despite their prevalence, the solution for both
- [What to Do if You Receive a Complaint or Subpoena](https://www.floridacondohoalawblog.com/2024/04/29/what-to-do-if-you-receive-a-complaint-or-subpoena/) - If your community association is served with a complaint or subpoena, you must promptly forward it to the community association’s legal counsel. As explained in this article, receipt of a complaint or subpoena triggers time sensitive legal obligations that can expose your community association to serious liability. Indeed, the filing of a complaint is often
- [What Can Be Done About Solar Panels?](https://www.floridacondohoalawblog.com/2024/04/29/what-can-be-done-about-solar-panels/) - If you are living in a Homeowners Association the Board or the Architectural Review Committee generally cannot prohibit the installation of solar panels (or “solar collectors”). A Florida law, F.S. 163.04, provides that any “deed restriction or declaration” or even any “similar binding agreement” may not prohibit -- or have the effect of prohibiting --
- [Cooking Up Community Connection with Tim and Lara Boyd of Mustard Seed Bistro](https://beckerlawyers.com/cooking-up-community-connection-with-tim-and-lara-boyd-of-mustard-seed-bistro/#new_tab) - Food does more than just tantalize your taste buds—it can also weave communities together and ignite change. In this episode, host Donna DiMaggio Berger is joined by Tim and Lara Boyd from Mustard Seed Bistro in Plantation to explore how simple community cookouts can spark vital conversations and foster collaboration. They discuss how providing refreshments at gatherings
- [E-Bikes and Batteries](https://www.floridacondohoalawblog.com/2024/04/26/e-bikes-and-batteries/) - Florida has not escaped the growing epidemic of fires started by lithium-ion batteries, like those used in e-bikes and other battery-operated personal transportation devices. A recent Miami bike shop caught fire after the shop owner left an e-bike battery charging and closed the store for the day. Surveillance cameras caught the moment the battery exploded,
- [Neighbor Cries "Fowl" Over Chicken Ban](https://beckerlawyers.com/neighbor-cries-fowl-over-chicken-ban-news-press/#new_tab) - Q: My homeowners association inconsistently enforces its rules. Rules often overlooked include bans regarding permissible animals and owning chickens on the property – none of which have been properly enforced. The association issued a new owner a violation notice, even though other homeowners have been keeping chickens. Does this set a precedent for how these
- ["Estoppel Certificates" and Other Disclosures Explained](https://beckerlawyers.com/estoppel-certificates-and-other-disclosures-explained-news-press/#new_tab) - Q: I am in the process of selling my condominium unit and recently come across the term “estoppel certificate,” but I’m not quite sure what it means. Could you provide an explanation on exactly what kind of information is included on an estoppel certificate and just how much it typically costs to get one? I’d
- [“Video Cameras—for Surveillance Purposes Only” – Florida Community Association Journal](https://beckerlawyers.com/video-cameras-for-surveillance-purposes-only-florida-community-association-journal/)
- [Director Disqualifications Are Limited](https://beckerlawyers.com/director-disqualifications-are-limited-news-press/#new_tab) - Q: It recently came to light that one of our board members has an ongoing dispute with another unit owner, resulting in the unit owner taking out a restraining order against the board member. This is very concerning. Shouldn’t this result in the board member being removed from the board of directors of our association?
- [Can Emotional Support Animals Be Prohibited in the Pool Area?](https://www.floridacondohoalawblog.com/2024/03/29/can-emotional-support-animals-be-prohibited-in-the-pool-area/) - 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
- [Does a Condominium Have to Put Insurance in the Annual Budget?](https://www.floridacondohoalawblog.com/2024/03/29/does-a-condominium-have-to-put-insurance-in-the-annual-budget/) - 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
- [Board Member Code of Conduct](https://www.floridacondohoalawblog.com/2024/03/29/board-member-code-of-conduct/) - 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
- [Everything You Need to Know About Concrete Restoration Projects with Alessandra Bianchini, of Carousel Development and Restoration Inc.](https://beckerlawyers.com/everything-you-need-to-know-about-concrete-restoration-projects-with-alessandra-bianchini-of-carousel-development-and-restoration-inc/#new_tab) - At some point, every building will require concrete repairs and restoration. If you’ve ever undertaken a concrete restoration project, you’re aware of the many challenges they entail: substantial costs, lengthy time delays, irritation over hurricane shutters, windows and doors, uncooperative owners and the potential for incidental damage. Host Donna DiMaggio Berger sheds light on these projects with
- [“What Do You Mean We Cannot Enforce The Association’s 55-And-Older Provision?” – Florida Community Association Journal](https://beckerlawyers.com/what-do-you-mean-we-cannot-enforce-the-associations-55-and-older-provision-florida-community-association-journal/)
- [Understanding How to Handle your Association’s Insurance Claim with Public Insurance Adjuster Ken Shriberg](https://beckerlawyers.com/understanding-how-to-handle-your-associations-insurance-claim-with-public-insurance-adjuster-ken-shriberg/#new_tab) - 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
- [Candidates May Vote For Themselves](https://beckerlawyers.com/candidates-may-vote-for-themselves-news-press/#new_tab) - 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
- [Understanding How to Handle your Association’s Insurance Claim with Public Insurance Adjuster Ken Shriberg](https://beckerlawyers.com/understanding-how-to-handle-your-associations-insurance-claim-with-public-insurance-adjuster-ken-shriberg/)
- [HOA "3 Minute Rule" Questioned](https://beckerlawyers.com/hoa-3-minute-rule-questioned-news-press/) - Q: Our homeowners’ association board only lets residents speak at board meetings after taking a vote. They can only speak for 3 minutes in total. My understanding is that the residents should be able to speak before the vote, and they can speak for 3 minutes per item on the agenda. What is the rule
- [Owner Questions Board’s Contracting Authority](https://beckerlawyers.com/owner-questions-boards-contracting-authority-news-press/) - Q: Recently, my condominium association authorized a major construction project. The contract for the work is several million dollars in value. The board of directors voted to move forward with their preferred contractor and authorize the president to sign. Isn’t this the type of contract that must be voted on by the owners? (O.V., via
- [“Pending New Laws” – FCAP Managers Report](https://beckerlawyers.com/pending-new-laws-fcap-managers-report/)
- [Addressing Burdensome Records Requests via the Rule-Making Power of Condominium Associations](https://www.floridacondohoalawblog.com/2024/02/28/addressing-burdensome-records-requests-via-the-rule-making-power-of-condominium-associations/) - Records requests can become quite daunting when a board of directors is faced with a high volume of demands from unit owners asserting their right of inspection of the association’s official records. Section 718.111(12)(c)(1) of the Florida Condominium Act (“Act”) permits condominium associations to “adopt reasonable rules regarding the frequency, time, location, notice, and manner
- [Not In My Backyard! Regulating Short-Term Vacation Rentals with Texas Attorney David Schwarte](https://beckerlawyers.com/not-in-my-backyard-regulating-short-term-vacation-rentals-with-texas-attorney-david-schwarte/) - It’s a complex issue that is reshaping neighborhoods and communities across the country. We are talking about Airbnb, a homestay rental experience that has quickly become a major disruptor in the global hospitality industry. It’s also become a major security concern in many private residential communities, with reports of “party houses” and even crime. Host Donna
- [The Impact of the New Department of Labor Rule on Worker Classification and Ensuring Proper Classification of Workers](https://www.floridacondohoalawblog.com/2024/02/28/the-impact-of-the-new-department-of-labor-rule-on-worker-classification-and-ensuring-proper-classification-of-workers/) - In the early 2000s, employers and established businesses rarely sought out the work of independent contractors. Now decades later this has changed significantly as employers are relying more and more on independent contractors instead of employees. While using independent contractors can have certain benefits, there can also be certain risks especially when it comes to
- [So, You Received a Written Inquiry](https://www.floridacondohoalawblog.com/2024/02/28/so-you-received-a-written-inquiry/) - Your community association has just received, by certified mail, a letter from a unit owner with several questions about the operation of the Association. What do you do next? First and foremost, you should always ensure that your community association’s legal counsel is promptly notified of such inquiries because receipt alone may trigger time sensitive
- [Term Limit Law Still 2 Years Away](https://beckerlawyers.com/term-limit-law-still-2-years-away-news-press/) - Q: My condominium association will be having its annual meeting soon, which will include an election for members to the board of directors. Some of our board members have served for numerous years, and I understood that there are now term limits on the number of years a board member could serve. What is the
- [Association ‘Sunshine Laws’ Questioned](https://beckerlawyers.com/association-sunshine-laws-questioned-news-press/) - Q: I was recently elected to the board of my condominium association. I thought we had to follow Florida’s sunshine laws, but our long-time president said this is not true. She claims we can meet whenever we want as long as no votes are taken, or assessments are not going to be made. Is this correct?
- [Navigating Defamation Lawsuits and Non-Compete Clauses with Keith Grumer, of Grumer Law](https://beckerlawyers.com/navigating-defamation-lawsuits-and-non-compete-clauses-with-keith-grumer-of-grumer-law/) - The topic of defamation has become more prevalent as civil discourse has eroded. Unfortunately, sometimes it is the rare board member and/or manager who has not been subject to some form of potential slander or libel throughout their course of community association service.
- [Statute Of Limitations Apply to Associations](https://beckerlawyers.com/statute-of-limitations-apply-to-associations-news-press/) - Q: My homeowners’ association recently sent me a notice stating that I had to remove a number of tree stumps in my back yard. The stumps are from trees that were removed following Hurricane Irma. Nothing has changed since those trees were cut down over five years ago. I don’t understand why my association is
- [A ‘CliffsNotes’ Guide for New Condominium Board Members](https://beckerlawyers.com/a-cliffsnotes-guide-for-new-condominium-board-members-fcap-managers-report/) - The election is over, and you have earned a coveted seat on your condominium association’s board of directors. Now what? This helpful guide will provide you with a “CliffsNotes” version of important things to remember as you embark on your journey as a director.
- [Can Spouse Serve on Board](https://beckerlawyers.com/can-spouse-serve-on-board-news-press/) - Q: My wife and I live in a condominium unit in Florida. The unit is owned by my wife, in her name only. However, I would like to run for the board of directors. Does Florida law state that a spouse of a unit owner has the right to serve on the board? (E.B., via
- [2022 Legislative Session in Florida Wrap Up with Yeline Goin, Becker & Poliakoff](https://www.floridacondohoalawblog.com/2022/03/30/2022-legislative-session-in-florida-wrap-up-with-yeline-goin-becker-poliakoff/) - Many task forces were convened in the aftermath of the Surfside tragedy, including one by the Florida Bar. All of those task forces urged the passage of new laws pertaining to reserve funding and engineering. However, the 2022 Legislative Session in Florida concluded on March 11 with none of those reforms being passed.
- [The Current Crisis with Florida’s Real Property Insurance with Andrea Northrup, Vice President of Insurance Office of America (Part 1)](https://www.floridacondohoalawblog.com/2022/04/13/the-current-crisis-with-floridas-real-property-insurance-with-andrea-northrup-vice-president-of-insurance-office-of-america-part-1/) - Florida’s current property insurance is in crisis, and it’s one that has been years in the making. The pendulum has swung in a direction that is not advantageous for homeowners’ associations, and many may be faced with difficult decisions. Host Donna DiMaggio Berger and Andrea Northrup, Vice President and partner at Insurance Office of America, Florida’s largest privately
- [The Current Crisis with Florida’s Real Property Insurance with Andrea Northrup, Vice President of Insurance Office of America (Part 2)](https://www.floridacondohoalawblog.com/2022/04/27/the-current-crisis-with-floridas-real-property-insurance-with-andrea-northrup-vice-president-of-insurance-office-of-america-part-2/) - Florida’s current property insurance industry is in crisis, and it’s one that has been years in the making. Private insurers are exiting the state at alarming numbers and Citizens is once again becoming the only option for many community associations.
- [The Smoker’s Dilemma with Dennis Eisinger of Eisinger Law](https://www.floridacondohoalawblog.com/2022/05/11/the-smokers-dilemma-with-dennis-eisinger-of-eisinger-law/) - In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with Dennis J. Eisinger, who founded Eisinger Law in 1996 and serves as the firm’s managing partner. For the past four decades, he has represented all types of community associations throughout Florida, as well as developers, financial institutions, and private equity clubs. He’s Board
- [Assessing Collections with Joy Mattingly, Becker & Poliakoff](https://www.floridacondohoalawblog.com/2022/05/25/assessing-collections-with-joy-mattingly-becker-poliakoff/) - In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with Becker Shareholder Joy Mattingly, who oversees Becker’s collection and foreclosure practice. Joy is an experienced litigator who represents all types of associations in collecting the delinquent assessments needed to fund the community’s essential services. She’s a graduate of University of Florida’s Levin School
- [Mapping the Terrain of Landscaping for Community Associations with Brian Steele, Director of Operations, East Coast Facilities](https://www.floridacondohoalawblog.com/2022/06/08/mapping-the-terrain-of-landscaping-for-community-associations-with-brian-steele-director-of-operations-east-coast-facilities/) - Can you imagine getting 99 people to agree on the same sofa? That is similar to the tasks that lie before Brian Steele, Director of Operations at East Coast Facilities. Among other services, the company provides landscaping to residential communities throughout Florida. In this episode of Take It To The Board, host Donna DiMaggio Berger and Brian discuss
- [Successful Community Association Living Starts With the Purchase Decision with Marisa DiLenge, Founder, DiLenge Real Estate Team (Part I)](https://www.floridacondohoalawblog.com/2022/06/22/successful-community-association-living-starts-with-the-purchase-decision-with-marisa-dilenge-founder-dilenge-real-estate-team-part-i/) - Is living in a community association the right fit for everyone? In this first of two installments, host Donna DiMaggio Berger speaks with Marisa DiLenge, founder of the DiLenge Real Estate Team. She has been a licensed real estate consultant since 1992. She is also a member of the National Association of Realtors, a member of the Masters
- [Successful Community Association Living Starts With the Purchase Decision with Marisa DiLenge, Founder, DiLenge Real Estate Team (Part II)](https://www.floridacondohoalawblog.com/2022/07/06/successful-community-association-living-starts-with-the-purchase-decision-with-marisa-dilenge-founder-dilenge-real-estate-team-part-ii/) - Is living in a community association the right fit for everyone? In this second of two installments, host Donna DiMaggio Berger speaks with Marisa DiLenge, founder of the DiLenge Real Estate Team. She has been a licensed real estate consultant since 1992. She is also a member of the National Association of Realtors, a member of the Masters
- [To Lend or Not To Lend with Brewster Cole, First Vice President, Valley National Bank](https://www.floridacondohoalawblog.com/2022/07/20/to-lend-or-not-to-lend-with-brewster-cole-first-vice-president-valley-national-bank/) - Florida community associations always need money for maintenance, repair, and capital improvement projects, but especially now with new safety laws in place, and Brewster Cole, First Vice President of Valley National Bank, is “the man with the money.” Brewster has spent 16 years lending money to condominiums, co-ops, HOAs, and country clubs, and has carved an
- [Florida Representative Dan Daley on How We Get the Laws We Get](https://www.floridacondohoalawblog.com/2022/08/03/florida-representative-dan-daley-on-how-we-get-the-laws-we-get/) - In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with State Representative Dan Daley, the Florida House or Representatives member for the district which includes portions of Coral Springs, Sunrise, Plantation, and Tamarac. He is the Democratic ranking member of the Redistricting Subcommittee, and he also serves on the Commerce Committee; the Environment,
- [A Novel Approach: Coaching for Community Association Boards with Carmelo Millimaci, Senior Coach, Ackert Inc.](https://www.floridacondohoalawblog.com/2022/08/17/a-novel-approach-coaching-for-community-association-boards-with-carmelo-millimaci-senior-coach-ackert-inc/) - Could volunteer board members do their jobs more effectively and less stressfully with the solid communication skills a professional coach can impart? In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with Carmelo Millimaci, Professional Certified Coach. He is a member of the International Coaching Federation and a Senior Coach of Ackert Inc.,
- [Taxes, Taxes, and . . . Fewer Taxes with Marty Kiar, Broward County Property Appraiser, Part I](https://www.floridacondohoalawblog.com/2022/08/31/taxes-taxes-and-fewer-taxes-with-marty-kiar-broward-county-property-appraiser-part-i/) - With Trim Notices having just gone out to Broward County property owners, our conversation with Marty Kiar, Broward County’s Property Appraiser, is especially timely. Marty’s Office serves Broward’s two million residents. He is a lifelong resident himself, as well as an attorney, and has an extensive career in local politics. Marty has served on the Airport
- [Taxes, Taxes, and . . . Fewer Taxes with Marty Kiar, Broward County Property Appraiser, Part II](https://www.floridacondohoalawblog.com/2022/09/14/taxes-taxes-and-fewer-taxes-with-marty-kiar-broward-county-property-appraiser-part-ii/) - In this second of our two-part episode, host Donna DiMaggio Berger and Marty Kiar, Broward County’s Property Appraiser, continue their conversation about how properties in the county are appraised, how those appraisals can change over time and why Marty’s Office is a helpful resource that all of Broward’s two million residents should know about.
- [Parliamentary Procedure: How to Keep Your Meetings on Track with Parliamentarian Jim Slaughter](https://www.floridacondohoalawblog.com/2022/09/28/parliamentary-procedure-how-to-keep-your-meetings-on-track-with-parliamentarian-jim-slaughter/) - Are Robert’s Rules of Order the best way to keep board and membership meetings on track? What are the other uses for this book, which was first published in February of 1876? In this episode of the Take It To The Board podcast, host Donna DiMaggio Berger speaks with Jim Slaughter, one of the premier experts on parliamentary
- [Alternative Dispute Resolution with Jeffrey Streitfeld, Mediator](https://www.floridacondohoalawblog.com/2022/10/12/alternative-dispute-resolution-with-jeffrey-streitfeld-mediator/) - When there’s a dispute that can’t be resolved amicably, lawsuits are not the only option. Mediation and arbitration are often used to save both sides considerable amounts of time and money. In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with former Judge Jeffrey Streitfeld, who has worked on legal disputes from nearly
- [Elevators & Electric Vehicle Charging Stations with Todd Schwartz, Connections Elevator](https://www.floridacondohoalawblog.com/2022/10/27/elevators-electric-vehicle-charging-stations-with-todd-schwartz-connections-elevator/) - If you’re in the elevator business, the effortless and constant up and down momentum means business is good. But for community association boards and residents, elevator safety, maintenance, and even innovation can truly test one’s sanity. Host Donna DiMaggio Berger challenges featured guest Todd Schwartz (Founder, Connections Elevator) to clarify the inner workings and ultimate impact of American society’s
- [Fighting Fraud, Combating Cons, & Protecting Peace with Michael Reiter, Michael Reiter Associates](https://www.floridacondohoalawblog.com/2022/11/09/fighting-fraud-combating-cons-protecting-peace-with-michael-reiter-michael-reiter-associates/) - Did you know that shared ownership communities are prime targets for con artists and fraudsters? And that even the best association employee can be tempted to join those ranks? Former Palm Beach Police Chief Michael Reiter tells host Donna DiMaggio Berger that the most effective way to “keep honest employees honest” while protecting an association’s financial resources is to
- [An Engineer’s Perspective on Implementing Florida’s New Condo Safety Law with Tim Marshall, Founder and President of A.T. Design](https://www.floridacondohoalawblog.com/2022/11/23/an-engineers-perspective-on-implementing-floridas-new-condo-safety-law-with-tim-marshall-founder-and-president-of-a-t-design/) - Tim Marshall, a Florida Registered Professional Engineer, Florida Building Inspector, and a Special Inspector, sits down with host Donna DiMaggio Berger and discusses just how busy his days have become since the passage of SB 4D, the new safety law in Florida requiring thousands of older coastal buildings to undertake milestone inspections within the next two (2)
- [Mitigating Reputational Risk with Laura Guitar, President of Reputation & Risk Advisors](https://www.floridacondohoalawblog.com/2022/12/07/mitigating-reputational-risk-with-laura-guitar-president-of-reputation-risk-advisors/) - Condo and HOA battles make the news fairly frequently and when they do, volunteer board members, managers and residents need a crash course on how to interact with the media on a moment’s notice. Laura Guitar, President of marketing communications firm, Reputation & Risk Advisors, a division of RBB Communications, joins host Donna DiMaggio Berger to discuss the
- [Radical Self-Care Can Change the World with Shelly Tygielski, Founder of Pandemic Love](https://www.floridacondohoalawblog.com/2022/12/21/radical-self-care-can-change-the-world-with-shelly-tygielski-founder-of-pandemic-love/) - Today’s guest is unlike any other. A teacher, public speaker, and author, Shelly Tygielski, is a self-care activist and community organizer helping leaders to do the “inner work” of radical self-care to create mindful communities. After spending nearly 20 years in Corporate America, working for and leading Fortune 1000 organizations, including one of the largest community association management companies in the United States, Shelly walked away from her
- [The Art of Negotiating the Best Telecommunication Deal for Your Community With Marcie Gershoni, President at Community Cable Consultants](https://www.floridacondohoalawblog.com/2023/01/04/the-art-of-negotiating-the-best-telecommunication-deal-for-your-community-with-marcie-gershoni-president-at-community-cable-consultants/) - Marcie Gershoni, President at Community Cable Consultants, is an experienced Cable professional having worked as an account executive for Comcast and then in the Cable Consulting field. Marcie has been involved with the telecommunications industry from both sides of the aisle as the provider and the consumer. She also has two decades of experience with
- [Are “55 and Older” Communities Still In Demand? What Must Be Done to Preserve Your Senior Lifestyle? An Engaging Discussion with Mark Friedman, Becker & Poliakoff](https://www.floridacondohoalawblog.com/2023/01/18/are-55-and-older-communities-still-in-demand-what-must-be-done-to-preserve-your-senior-lifestyle-an-engaging-discussion-with-mark-friedman-becker-poliakoff/) - This week, Becker Shareholder Mark D. Friedman, who provides legal counsel to condominium, homeowner and cooperative associations, sits down with Donna DiMaggio Berger to discuss “Housing for Older Persons” communities including their legal requirements for establishment and whether these communities have the same appeal today as they did in the past.
- [Combatting Growing Hate Crimes Inside Community Associations with Sarah Emmons, the Florida Regional Director of the Anti-Defamation League](https://www.floridacondohoalawblog.com/2023/02/01/combatting-growing-hate-crimes-inside-community-associations-with-sarah-emmons-the-florida-regional-director-of-the-anti-defamation-league/) - This week, Donna DiMaggio Berger sits down with Sarah Emmons, the Florida Regional Director of the Anti-Defamation League (ADL), to discuss recent incidents of hate symbols being placed inside community associations, how antisemitism takes root and what can be done to combat it. Specifically, Sarah and Donna discuss the 2022 Weston Hill’s hate crime that took place inside
- [The Impact of Construction Next Door on Your Community with Katie Berkey, AICP, Becker & Poliakoff](https://www.floridacondohoalawblog.com/2023/02/15/the-impact-of-construction-next-door-on-your-community-with-katie-berkey-aicp-becker-poliakoff/) - This week, Becker Shareholder Kathleen “Katie” Berkey, AICP, sits down with Donna DiMaggio Berger and explains how she helps clients deal with all sorts of issues related to their property. As Mark Twain once said, “Buy land, they’re not making it anymore,” and truer words have never been spoken. Land remains invaluable and there is often a developer
- [A Discussion on Successful Real Estate Design in the Luxury Space with TRUMP!](https://www.floridacondohoalawblog.com/2023/03/01/a-discussion-on-successful-real-estate-design-in-the-luxury-space-with-trump/) - Donna DiMaggio Berger sits down with guest, Jules Trump, a South-African born businessman and one-third of The Trump Group. His wife of 50 years, Stephanie, and his younger brother and business partner, Eddie, comprise the other two-thirds of the team. Also known as “the Other Trumps,” they have amassed a truly impressive empire consisting of luxury real
- [We’re Not Just Droning On – A Conversation with Drone Experts Chris Tonn and Neil Johnston On Your Community’s Potential Challenges with Drones](https://www.floridacondohoalawblog.com/2023/03/15/were-not-just-droning-on-a-conversation-with-drone-experts-chris-tonn-and-neil-johnston-on-your-communitys-potential-challenges-with-drones/) - Donna DiMaggio Berger sits down with guests Chris Tonn, CEO and Founder of Pelican Drones and Co-Founder of Rocket Drones and attorney Neil Johnston of Hand Arendall Harrison Sale LLC, drone expert and leader of its Real Estate, Land Use and Timber Practice Group. Over the last few weeks many of us have been looking up at the sky
- [Copyright Consequences You Need to Know with Dave Davis and Scott Templeton of Motion Picture Licensing Corporation](https://www.floridacondohoalawblog.com/2023/03/29/copyright-consequences-you-need-to-know-with-dave-davis-and-scott-templeton-of-motion-picture-licensing-corporation/) - Donna DiMaggio Berger sits down with Chief Commercial Officer, Dave Davis, and Key Accounts Licensing Manager, Scott Templeton of Motion Picture Licensing Corporation (MPLC) to discuss the proper licensing needed when playing or streaming copyrighted work in community association common areas. That’s right – if you have music in your elevator or your building is hosting a movie night
- [Pickleball Mania and How it is Affecting Your Community with CA Messana](https://www.floridacondohoalawblog.com/2023/04/12/pickleball-mania-and-how-it-is-affecting-your-community-with-ca-messana/) - More and more condominiums and HOAs are converting tennis and shuffleboard courts into pickleball courts but is everyone happy about the “pickleball mania” that has seized the nation? Join us this week as host, Donna DiMaggio Berger sits down with guest, CA Messana, a member of Team Phantom, a family run, small business dedicated to creating premium pickleball
- [Navigating the Negative Impacts of Sea Level Rise with Professor Harold R. Wanless and Dr. Esber Andiroglu](https://www.floridacondohoalawblog.com/2023/04/26/navigating-the-negative-impacts-of-sea-level-rise-with-professor-harold-r-wanless-and-dr-esber-andiroglu/) - Professor Harold “Hal” R. Wanless, Chair of the Department of Geological Sciences at the University of Miami and Dr. Esber Andiroglu, Associate Professor of Practice in the Department of Civil, Architectural, and Environmental Engineering with a secondary appointment at the School of Architecture at the University of Miami, sit down with host Donna DiMaggio Berger to discuss the
- [Donna DiMaggio Berger Celebrates 50th Episode with Business Attorney and Husband, Michael Berger](https://www.floridacondohoalawblog.com/2023/05/10/donna-dimaggio-berger-celebrates-50th-episode-with-business-attorney-and-husband-michael-berger/) - This week, Take It To The Board is proud to release its 50th episode! This podcast was started with the goal of giving its listeners a glimpse into the inner workings of a community association including the good, the bad, and the ugly. Now, it is only fitting to give a glimpse of its host, Donna DiMaggio Berger,
- [Surviving the Storm: A Journey Through Hurricane Ian and Beyond with Joseph E. Adams, Becker & Poliakoff](https://www.floridacondohoalawblog.com/2023/06/21/surviving-the-storm-a-journey-through-hurricane-ian-and-beyond-with-joseph-e-adams-becker-poliakoff/) - What would you do if you found yourself in the eye of a devastating hurricane? This week, our guest and Becker Shareholder, Joseph E. Adams, sits down with Donna DiMaggio Berger and relives this very question when he rode out Hurricane Ian in his home on Fort Myers Beach. In this gripping episode, Joe shares his harrowing experience
- [Medical Marijuana and ESA Trends – Checking in Again with FHA Expert JoAnn Nesta Burnett](https://www.floridacondohoalawblog.com/2023/08/30/medical-marijuana-and-esa-trends-checking-in-again-with-fha-expert-joann-nesta-burnett/) - Are you confused about whether your board can stop residents from smoking marijuana in your community even if they claim it is for medical purposes? Join Donna DiMaggio Berger and guest JoAnn Nesta Burnett, Shareholder at Becker, as they unravel the intricacies of marijuana use within community associations.
- [Lessons in Leadership – A Discussion with Becker’s Managing Partner, Gary Rosen](https://www.floridacondohoalawblog.com/2023/09/13/38016/) - Get set for an insightful exchange as host Donna DiMaggio Berger dives into the world of effective leadership with guest, Gary C. Rosen, Managing Shareholder and the commanding force behind Becker & Poliakoff.
- [Guns, God, and Gab – A Constitutional Analysis with Jay Roberts, Esq.](https://www.floridacondohoalawblog.com/2023/05/24/guns-god-and-gab-a-constitutional-analysis-with-jay-roberts-esq/) - In today’s episode, Becker Shareholder Jay Roberts, who represents community associations and developers with respect to all aspects of creating and operating planned community developments throughout Northwest Florida, sits down with Donna DiMaggio Berger to discuss two thought-provoking questions:
- [Why Local Government Matters Most with Vice Mayor Sarai “Ray” Martin of Lauderhill](https://www.floridacondohoalawblog.com/2023/06/07/why-local-government-matters-most-with-vice-mayor-sarai-ray-martin-of-lauderhill/) - In today’s episode, Donna DiMaggio Berger sits down with Vice Mayor Ray Martin of Lauderhill to discuss why it is important to keep most regulation at the local level – particularly in large, diverse states –rather than using a “one size fits all” solution at the state level.
- [Is Truth Stranger Than Fiction Particularly When It Comes to the Community Association Lifestyle? with Marvin Nodiff, Former Community Association Attorney and Author](https://www.floridacondohoalawblog.com/2023/07/05/is-truth-stranger-than-fiction-particularly-when-it-comes-to-the-community-association-lifestyle-with-marvin-nodiff-former-community-association-attorney-and-author/) - Join us this week as host Donna DiMaggio Berger sits down for a fascinating conversation with Marvin Nodiff, a retired community association attorney and prolific fiction writer. Together, they dive into the world of Marvin’s eight novels based on the trials and tribulations of a dynamic young St. Louis community association attorney named Joshua Fyler and the cast of
- [Examining the Challenges Community Association Attorneys Face and the Corporate Responsibility Community Associations Shoulder with Marcia Narine Weldon, Law Professor](https://www.floridacondohoalawblog.com/2023/07/19/examining-the-challenges-community-association-attorneys-face-and-the-corporate-responsibility-community-associations-shoulder-with-marcia-narine-weldon-law-professor/) - This week, in Part I of a two-part series, Donna DiMaggio Berger and guest Marcia Narine Weldon, Harvard Law School graduate and University of Miami School of Law professor, explore the intricate intersection of corporate responsibility, consumer rights, and the increasing influence of ESG (Environmental, Social, and Governance) factors in today’s dynamic business world. In this thought-provoking discussion,
- [We’re Having a Heat Wave – The Physical and Mental Impacts from Extreme Heat and What Your Community Should Do with Dr. Jason Mansour, Medical Director at Broward Health Medical Center’s Emergency Department](https://www.floridacondohoalawblog.com/2023/08/02/were-having-a-heat-wave-the-physical-and-mental-impacts-from-extreme-heat-and-what-your-community-should-do-with-dr-jason-mansour-medical-director-at-broward-health-medical-center/) - Brace yourself for a deep dive into the hot issues surrounding extreme summer heat with host, Donna DiMaggio Berger, and guest Dr. Jason Mansour, Medical Director at Broward Health Medical Center’s Emergency Department. Together, they discuss the physical and mental impact of extreme heat events. This isn’t just another conversation about the weather – it’s a critical
- [Legal Resilience – Fostering A Growth Mindset for Lawyers Amidst Mental Health Realities with Professor Marcia Narine Weldon, Director of Transactional Skills Program and Lecturer at the University of Miami School of Law](https://www.floridacondohoalawblog.com/2023/08/16/legal-resilience-fostering-a-growth-mindset-for-lawyers-amidst-mental-health-realities-with-professor-marcia-narine-weldon-director-of-transactional-skills-program-and-lecturer-at-the-unive/) - Does being an attorney make you unhappy? Could the legal profession be the root cause of your stress? Join host Donna DiMaggio Berger and guest Professor Marcia Narine Weldon as they pull back the curtain on the high-pressure legal industry, exploring its impact on mental health and offering several strategies for coping. Throughout their conversation, they explore the surprisingly
- [Condominium Rule Restrictions of Door-to-Deliveries: A Right or a Convenience?](https://www.floridacondohoalawblog.com/2024/01/30/condominium-rule-restrictions-of-door-to-deliveries-a-right-or-a-convenience/) - In today’s world, almost anything you can fathom can be conveniently delivered to your door. Whether it is pet food, medicine, or your next meal, you can have seemingly anything you want delivered without ever leaving the comfort of your condominium unit. But has this convenience become a right? Can a condominium control such deliveries?
- [Everybody’s Sick: The Best Ways to Prevent Illness in a Multifamily Community, with Dr. Jason Mansour of Broward Health](https://beckerlawyers.com/everybodys-sick-the-best-ways-to-prevent-illness-in-a-multifamily-community-with-dr-jason-mansour-of-broward-health/) - Does it seem like everyone around you is coughing, sniffling, or under the weather? It’s no coincidence—we’re currently in the middle of cold and flu season. Join Donna DiMaggio Berger and guest Dr. Jason Mansour, Chair of Emergency Medicine at Broward Health, to learn the best ways to stay healthy even in shared spaces. Is loss of smell
- [The Danger of Substituting Artificial Intelligence for Your Attorney](https://www.floridacondohoalawblog.com/2024/01/30/the-danger-of-substituting-artificial-intelligence-for-your-attorney/) - “Don’t confuse your Google Search with My Law Degree.” This is a popular saying found on attorney coffee mugs these days, and this sentiment does not seem so farfetched as we live in a world increasingly dependent on autonomy and artificial intelligence (“AI”). It’s rare to see people without their phone glued to their hands,
- [Things Associations Should Know About Tax Deed Sales](https://www.floridacondohoalawblog.com/2024/01/30/things-associations-should-know-about-tax-deed-sales/) - Every so often associations will unexpectedly receive notice that a tax deed has been applied for in connection with a parcel or condominium unit in the community. Those notices will describe tax certificates, provide a redemption amount, and state the date on which the parcel or unit will be auctioned for unpaid property taxes if
- [Practical Policies & Protocols Your Board Needs to Adopt with Claude Jennings, Jr.](https://beckerlawyers.com/practical-policies-protocols-your-board-needs-to-adopt-with-claude-jennings-jr/) - What’s the secret to a highly functioning community association? Host Donna DiMaggio Berger and Take It To the Board’s producer, Claude Jennings Jr. look back on Take It To The Board’s 2023 season and revisit some of the most important conversations about community association living while answering listener questions.
- [Collection Dispute Confounds Board](https://beckerlawyers.com/collection-dispute-confounds-board-news-press/) - Q: We have an owner in our condominium community who refuses to pay the current monthly assessment. Each month, she sends a check based on our budget from 2 years ago. She says she has not received a copy of the proposed budget 14 days ahead of time for the past two years as she
- [Remote Board Meetings Questioned](https://beckerlawyers.com/remote-board-meetings-questioned-news-press/) - Q: Can the board of a homeowners’ association hold “Zoom only” meetings and not permit Owners to attend? (M.M., via e-mail) A: Subject to certain exceptions, I do not believe a board can circumvent the “sunshine laws” by using “remote only” meetings. There are exceptions in the law which permit board meetings to be closed.
- [Saving Lives in Your Community Association: Defibrillators (AEDs), Bleeding Control Kits (BCKs), and CERTs with Dr. Jason Mansour](https://beckerlawyers.com/saving-lives-in-your-community-association-defibrillators-aeds-bleeding-control-kits-bcks-and-certs-with-dr-jason-mansour/) - Does your community association have an Automated External Defibrillator (AED) or a Bleeding Control Kit (BCK) on hand in the worst-case scenario and do you have trained people on hand to use these devices? Do you have a gym, pickleball/tennis courts, and other recreational amenities where a cardiac event may be more likely? Are you
- [Show Me the Money: Investment Strategies with Michael Coady and Kenny Polcari of Slatestone Wealth](https://beckerlawyers.com/show-me-the-money-investment-strategies-with-michael-coady-and-kenny-polcari-of-slatestone-wealth/) - Financially strapped community associations are always looking for new revenue sources but is a sound investment strategy a possible path to avoiding large budget increases or special assessments? In this episode, host Donna DiMaggio Berger, along with investment gurus Michael Coady, Chief Strategy and Growth Officer for Slatestone Wealth, and Kenny Polcari, Chief Market Strategist for Slatestone Wealth, discuss how
- [Is Self-Insurance Possible For Community Associations?](https://beckerlawyers.com/is-self-insurance-possible-for-community-associations-florida-community-association-journal/) - Insurance premiums have always constituted a significant percentage of most community association budgets, but astronomical increases in recent years have completely changed the budget landscape. In addition to unaffordable premiums, many insurers are denying full replacement cost coverage, demanding roof replacement for roofs that are still functioning, and/or pushing for complete exterior hurricane protection in
- [The B Word: Bankruptcy, Its Benefits and Challenges with Attorney Jeffrey Bast](https://beckerlawyers.com/the-b-word-bankruptcy-its-benefits-and-challenges-with-attorney-jeffrey-bast/) - This episode of Take It To The Board sheds light on a legal process that may be needed to help both struggling associations and their individual members. In these challenging economic times, more people are asking whether filing for bankruptcy protection is the right decision for an individual or a struggling community association. Host Donna DiMaggio
- [Eyes Everywhere – Understanding Community Surveillance Options with Louis DiGioia of IC Real Time](https://beckerlawyers.com/eyes-everywhere-understanding-community-surveillance-options-with-louis-digioia-of-ic-real-time/) - Ever wondered how a camera can pick out a face in the crowd or if that gym security camera is a watchful guardian or an intrusive eye? Discover the intricate dance between security and privacy in our neighborhoods, as host, Donna DiMaggio Berger, sits down with guest Louis DiGioia from IC Real Time. They shed light on the
- [Contemplating Condo Terminations with John Cadden of the Condominium Advisory Group](https://beckerlawyers.com/contemplating-condo-terminations-with-john-cadden-of-the-condominium-advisory-group/) - Is your older, cash-strapped condominium or cooperative association contemplating a termination and/or sale to a developer? The once rare ideas of a termination and sale have now become much more common as community members struggle to maintain, repair and insure older buildings. Host Donna DiMaggio Berger and guest John Cadden, from the Condominium Advisory Group and co-founder of
- [“Association Wants to Go ‘Paperless'” – News-Press](https://beckerlawyers.com/association-wants-to-go-paperless-news-press/) - Q: Our condominium association wants to go “paperless” as much as possible for our meetings and move to “virtual” meetings both for convenience and cost savings. Do you have any guidelines on what this involves? (S.R., via e-mail)
- [2023 in Review](https://beckerlawyers.com/2023-in-review-fcap-managers-report/) - The 2023 Florida legislative session addressed a wide variety of issues impacting community associations. The longest bill impacting community associations became 2023-203, Laws of Florida. The amended statutes changed, clarified, or corrected provisions created by the laws approved in 2022, Senate Bill 4-D, which became Chapter 2022-269, Laws of Florida, commonly referred to as “SB-4D.”
- [Required Notice for Budget Meetings in Homeowners’ Associations](https://beckerlawyers.com/required-notice-for-budget-meetings-in-homeowners-associations-news-press/) - Q: An issue has come up concerning my homeowners’ association board of directors and the adoption of our annual budget. Recently, the board noticed a board meeting for the adoption of the annual budget and only posted the notice as they do for normal board meetings. There was no mailing of information concerning the budget
- [Effective Date of New Reserve Law Questioned](https://beckerlawyers.com/effective-date-of-new-reserve-law-questioned-news-press/) - Q: Our condominium association just held a vote to less than fully fund reserves for the 2024 budget. It passed by a majority of the quorum, but not a majority of the entire voting interests. There seems to be some question as to whether the recent statute change to “majority of the entire voting interests”
- [Directors Usually Fill Board Vacancies](https://beckerlawyers.com/directors-usually-fill-board-vacancies-news-press/) - Q: There was a recent vacancy on the board of directors for my condominium association due to a resignation. The board voted to appoint someone to fill the vacancy. However, a question was raised as to whether that person fills the vacancy for the remaining term of the resigning director, which runs until the annual
- [The Effect of Section 720.3045, Florida Statute on Homeowner Association](https://www.floridacondohoalawblog.com/2023/11/29/the-effect-of-section-720-3045-florida-statute-on-homeowner-association/) - Section 720.3045, Florida Statutes was created during the recent legislative session as part of House Bill 437. This section prevents associations from restricting the installation, display and storage of “any item” on a parcel that is not visible from the parcel’s frontage or an adjacent parcel, unless same are prohibited by general law or local
- [Tax Deed Can Extinguish Assessments](https://beckerlawyers.com/tax-deed-can-extinguish-assessments-news-press/) - Q: I am on the board of directors of a condominium association, and one of the units in our association has both unpaid assessments and taxes. We recently received a notice that the county will sell the unit to satisfy the unpaid taxes. We have questioned how this will affect the condominium documents and the
- [Implementing Condominium Restrictions](https://www.floridacondohoalawblog.com/2023/11/29/implementing-condominium-restrictions/) - When faced with a reoccurring issue in a condominium, the Board of the Directors may want to consider implementing a restriction as a long term solution to the problem. For example, after increasing complaints of loud music at late hours, the Board of Directors may consider a restriction as to when and to what extent
- [Holiday Decorations - Ho, Ho, Ho or Bah Humbug?](https://www.floridacondohoalawblog.com/2023/11/29/holiday-decorations-ho-ho-ho-or-bah-humbug/) - As the holiday season approaches, it is a good time for associations to consider its authority regarding outdoor holiday decorations. Every community is different, and opinions vary about when the holiday decorations should be put up and “how much” is “too much.” Some people want to start decorating for the holidays on November 1, while
- [Comingling of Funds Questioned](https://beckerlawyers.com/comingling-of-funds-questioned-news-press/) - Q: Can a condominium association’s operating funds be combined with the reserve money? My association has not moved money into the reserve account and out of the operating account in the last year. The money is there, it is just not in the right account. Is it permissible to keep the reserve and operating funds
- [Use of Assessment Money Regulated by Statute](https://beckerlawyers.com/use-of-assessment-money-regulated-by-statute-news-press/) - Q: My condominium association board recently adopted and collected a special assessment to fund a construction project at the building. However, due to a change in circumstances, the board of directors has now decided to not proceed with the project. A question has come up as to what the association should do with the money
- [Checking In On Background Checks: What’s In, What’s Out and What’s Questionable? with Robert E. Sanchez of Sarma](https://beckerlawyers.com/take-it-to-the-board-checking-in-on-background-checks-whats-in-whats-out-and-whats-questionable-with-robert-e-sanchez-of-sarma/) - Does your community perform background checks on potential purchasers and potential renters? Do your community residents expect their neighbors to be screened for safety and financial capacity purposes? Join Donna DiMaggio Berger and guest Robert Sanchez, a seasoned professional from SARMA, as they unravel the complex world of background checks. Donna and Robert dive into the intricacies of
- [HOA and Condo Proxy Procedures Differ](https://beckerlawyers.com/hoa-and-condo-proxy-procedures-differ-news-press/) - Q: A question has come up in my homeowners’ association as to whether owners are permitted to vote by proxy at owner meetings. If so, where is this right found? (C.D., via e-mail) A: Section 720.306(8) of the Florida Homeowners’ Association Act states that members have the right to vote by proxy unless otherwise provided
- [Pesky Critters in Your Community? Top Tips From Wildlife Expert and Trapper Todd Hardwick](https://beckerlawyers.com/pesky-critters-in-your-community-top-tips-from-wildlife-expert-and-trapper-todd-hardwick/) - As developers continue to build at a brisk pace, community association residents often find themselves sharing space with all types of wildlife including the good, the bad and the dangerous! What would you do if you spotted an alligator in your community pool? How about iguanas or possums snacking on your community garden? A bear
- [Damage to Units](https://www.floridacondohoalawblog.com/2023/10/27/damage-to-units/) - What if there is a leak in the unit; whose insurance covers the damage? There are usually three parties to this type of situation: 1) the owner who caused the leak; 2) the other owners damaged by the leak; and 3) the Association. All three parties should put their insurance carriers on notice. The Association
- [Who May Run for the Board?](https://www.floridacondohoalawblog.com/2023/10/27/who-may-run-for-the-board/) - Can a non-owner be a Board member in a Condominium? Every year this question comes up in one form or another. In some cases, it is a spouse who is not on the deed who wants to be on the Board. In other cases, someone who is on the Board moves away but his/her term
- [Fiduciary Relationship and the Business Judgment Rule](https://www.floridacondohoalawblog.com/2023/10/27/fiduciary-relationship-and-the-business-judgment-rule/) - Community association officers and directors have a fiduciary relationship to the owners of homes or units in their community. Typically, this relationship is understood as officers and directors having the obligation to act in the best interests of the association and to refrain from obtaining or accepting personal benefits at the expense of the association.
- [2022 Hurricane Nicole Permit Extension Opportunity Extended Further](https://beckerlawyers.com/2022-hurricane-nicole-permit-extension-opportunity-extended-further/) - Property owners, developers, construction industry professionals, and other permit- and authorization-holders may have even more opportunities for further extensions due to Hurricane Nicole in 2022. The following provides an overview of the permit extensions available under law, including what gives rise to the extensions, the types of permits and authorizations that are covered, and how
- [Boot Camp for Board Members: Army Vet, PCAM and Becker Shareholder, Howard Perl, Discusses the Benefits of Rigorous Board Member Education](https://beckerlawyers.com/boot-camp-for-board-members-army-vet-pcam-and-becker-shareholder-howard-perl-discusses-the-benefits-of-rigorous-board-member-education/) - This week, our guest and Becker Shareholder, Howard Perl, sits down with host Donna DiMaggio Berger to share his experiences as both an army veteran as well as a successful PCAM before going to law school later in life. Howard recounts his unique journey from joining the army at 17, to participating in Operation Iraqi
- [‘Sunshine’ Rules Apply to Budget Workshops](https://beckerlawyers.com/sunshine-rules-apply-to-budget-workshops-news-press/) - Q: An issue has come up in my condominium association regarding the creation of the budget for the 2024 fiscal year. The board has discussed having a board workshop to develop the budget. However, it is not clear that the board intends to allow owners to attend the workshop. The board has stated this will
- [Director Removal Does Not Require Good Cause](https://beckerlawyers.com/director-removal-does-not-require-good-cause-news-press/) - Q: Until recently, I was the president of my condominium association. However, certain unit owners were unhappy with the decisions I had made and pushed through a recall. While I do not dispute that they obtained recall agreements signed by a majority of the unit owners, they did so under false pretenses where they made
- [New HOA Fining Law Take Effect October 1](https://beckerlawyers.com/new-hoa-fining-law-take-effect-october-1-news-press/) - Q: You had previously written about some new changes that are coming up about how to handle fines in homeowners’ association. Can you give a brief summary of what we need to do? (M.J., via e-mail) A: Several new homeowners’ association laws became effective October 1, 2023. Included in the changes are new provisions in
- [New HOA Law Addresses Storage](https://beckerlawyers.com/new-hoa-law-addresses-storage-news-press/) - Q: At a recent event I attended, someone mentioned a new rule that prohibits sheds on a single-family property in a HOA. I could not find any reference for that in your 2023 legislative reviews. It seems someone may have misunderstood or misinterpreted one of changes made. Can you please shed some light on this?
- [Borrowing Money](https://www.floridacondohoalawblog.com/2023/09/27/borrowing-money-2/) - As one of a handful of Becker attorneys who assists condominiums, cooperatives, and homeowners associations in obtaining bank loans on a regular basis, I’ve noted a few mistakes that boards make when deciding to obtain a loan. Your governing documents. Chapter 617, Florida Statutes, provides that one of the powers of a not-for-profit corporation in
- [Are Those Under Age 18 a Protected Class?](https://www.floridacondohoalawblog.com/2023/09/27/are-those-under-age-18-a-protected-class/) - In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering that various rules regulating or prohibiting use of the association’s facilities by persons under 18
- [Navigating the Complex World of HOA Architectural Control](https://www.floridacondohoalawblog.com/2023/09/27/navigating-the-complex-world-of-hoa-architectural-control/) - What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members? In the case, Young v. Tortoise Island Homeowners Association, Inc., the court reasoned that, in the absence of an existing pattern or scheme of architecture which puts purchasers on notice that only
- [Backyard Storage Woes:  Does the New Backyard Storage Statute Apply to Your Homeowners Association?](https://www.floridacondohoalawblog.com/2023/09/18/backyard-storage-woes-does-the-new-backyard-storage-statute-apply-to-your-homeowners-association/) - While there has been a lot of buzz about changes made in the 2023 Florida Legislative Session to laws affecting our Association clients, one potentially important change has been largely overlooked. The seemingly innocuous flag bill - House Bill (HB) 437 -- creates the new Florida Statute 720.3045 prohibiting homeowners’ associations from regulating certain backyard
- [Voting Requirements After Merger Questioned](https://beckerlawyers.com/voting-requirements-after-merger-questioned-news-press/) - Q: In your previous column from 2022, it clearly addresses which documents control in the example of when a sub-association’s documents are stricter than the master. Which documents prevail in the following situation? My community had a master association and also four smaller sub-association. The sub association declarations have a 75 percent approval requirement by
- ['Master’ Association Documents Usually Controlling Authority](https://beckerlawyers.com/master-association-documents-usually-controlling-authority-news-press/) - Q: I own a unit in a condominium association that is part of a larger community made up of a number of other condominium associations and homeowners’ associations, all of which are governed by a master association. This raises questions about which documents control. For example, the master association’s documents state that leases must be
- [Emergency Voting by E-mail Questioned](https://beckerlawyers.com/emergency-voting-by-e-mail-questioned-news-press/) - Q: I am on the board of my condominium association, and we are in the process of repairing our building following damage from Hurricane Ian last year. The board of directors must make numerous decisions regarding the reconstruction process. To facilitate the reconstruction, the board has been using an online system where each board member
- [Update: Additional Opportunity to Extend Certain Permits Due to Hurricane Nicole](https://www.floridacondohoalawblog.com/2023/07/11/additional-opportunity-to-extend-certain-permits-due-to-hurricane-nicole/) - Property owners, developers, construction industry professionals, and other permit- and authorization-holders may have even more opportunities for further extensions due to Hurricane Nicole in 2022. The following provides an overview of the permit extensions available under law, including what gives rise to the extensions, the types of permits and authorizations that are covered, and how
- [Easements Explained](https://beckerlawyers.com/easements-explained-news-press/) - Q: The survey for my lot when I closed on my property shows a 15-foot-wide drainage easement dedicated to my homeowners’ association. Can my association use the drainage easement for another purpose besides drainage? (A.D., via e-mail)
- [Becker Service Announcement: Florida’s New Immigration Law](https://beckerlawyers.com/becker-service-announcement-floridas-new-immigration-law/) - In this informative webinar, we cover what to expect in the event your community is damaged by a casualty event, such as a hurricane. Hear from Community Association Shareholder Jay Roberts, Construction Law & Litigation Shareholder Aaron Pruss, an...
- [Florida Anti-Mandate Law About Masks, Vaccinations Imperils Senior Communities](https://beckerlawyers.com/florida-anti-mandate-law-about-masks-vaccinations-imperils-senior-communities-the-palm-beach-post/) - In her Op-Ed, “Florida anti-mandate law about masks, vaccinations imperils senior communities” published in the August 25, 2023, Palm Beach Post, Becker Community Practice Group Shareholder Donna DiMaggio Berger weighs in on how a new Florida law effectively ties the hands of community associations that want to keep their common areas safe and open during
- [Board Term Limits Questioned](https://beckerlawyers.com/board-term-limits-questioned-news-press/) - Q: I recall that a few years ago there was a lot of discussion regarding term limits for board members. I have not heard anything about term limits recently and know that a number of board members in my community have served for a long time. What is the term limit for condominium association board
- [You May Be Able to Extend Your Permit Expiration Dates Due to Hurricane Idalia – Here’s How](https://beckerlawyers.com/you-may-be-able-to-extend-your-permit-expiration-dates-due-to-hurricane-idalia-heres-how/) - As Hurricane Idalia heads for Florida’s Gulf Coast, some property owners, developers, construction industry professionals, and other building permit- and authorization-holders may be eligible for extensions to preserve their development and construction rights. A Florida law allows certain qualifying permits and authorizations to be extended beyond their current expiration dates once the Governor issues a
- [Housing For Older Persons](https://www.floridacondohoalawblog.com/2023/08/30/housing-for-older-persons/) - In 1968 the Federal Fair Housing Act (also known as Title VIII of the Civil Rights Act) was enacted to prohibit discrimination based on race, color, religion, sex, or national origin. Subsequently, in 1988 the Act was amended to add discrimination based on disability and family status and in 1995 the Housing for Older Persons
- [Keeping Your HOA’s Covenants Alive](https://www.floridacondohoalawblog.com/2023/08/30/keeping-your-hoas-covenants-alive/) - The Marketable Record Title Act’s (MRTA) purpose is to extinguish old interests and use restrictions on lands and to allow for land sales to be completed more easily and with less expense. Unfortunately, aged homeowners’ association covenants are amongst the interests that can be extinguished by MRTA, and preventing such extinguishment is a very important
- [Can Anything Be Done About Solar Panels?](https://www.floridacondohoalawblog.com/2023/08/30/can-anything-be-done-about-solar-panels-2/) - If you are living in a homeowners association you probably know that the Association cannot prohibit the installation of solar panels (or “solar collectors”). But what about a request to install such devices on the roof of a condominium? Section 163.04, Florida Statutes, provides: A deed restriction, covenant, declaration, or similar binding agreement may not
- [No Pets In Publix](https://www.floridacondohoalawblog.com/2023/08/21/no-pets-in-publix/) - Upon my weekly visit to Publix supermarket recently, I was met with very large signs stating: “No Pets Allowed. This Includes Emotional Support Animals.” Well, technically, emotional support animals are not “pets,” but I get what Publix is trying to do. Animals and food just don’t mix. They are cracking down on animals being brought
- [Legislature Limits HOA Rental Amendments](https://beckerlawyers.com/legislature-limits-hoa-rental-amendments-news-press/) - Q: Is a homeowners’ association permitted to adopt amendments changing the leasing rights of owners in the community? I was recently told that the statute was changed, and rental restriction amendments are no longer permitted. Is this correct? (W.K., via e-mail)
- [Association Borrowing Questioned](https://beckerlawyers.com/association-borrowing-questioned-news-press/) - Q: The board of directors of my condominium association has been discussing taking out a loan to pay for major repairs to our condominium building. To my knowledge, our association has never borrowed money before. It seems to me that for such a serious undertaking, a vote of our owners should be required. Is a
- [Insurance Proceeds Should Be Bonded](https://beckerlawyers.com/insurance-proceeds-should-be-bonded-news-press/) - Q: My condominium association is in the process of renewing its insurance policies and our insurance agent advised that we needed a fidelity bond policy with a higher limit for the coming year because of the insurance proceeds the association received following Hurricane Ian. Why would we need higher limits on our fidelity bond? (W.K,
- [“Protecting The Financial Well-Being Of Your Association” – Florida Community Association Journal](https://beckerlawyers.com/protecting-the-financial-well-being-of-your-association-florida-community-association-journal/)
- [Boards Cannot Vote By E-Mail](https://beckerlawyers.com/boards-cannot-vote-by-e-mail-news-press/) - Q: Can the board of an association conduct business by e-mail vote between meetings, and then ratify the votes at the next board meeting? (A.Z., via e-mail) A: No.
- [What Will the Damage Cost?](https://www.floridacondohoalawblog.com/2021/05/09/what-will-the-damage-cost/) - A well-designed disaster plan will include safeguards against future risk which are designed to minimize economic and property loss, as well as the loss of human life.It is dangerous to ever become complacent about hurricanes when you live or own property in Florida. Knowing that disasters can occur and being prepared to deal with them will certainly minimize damages and promote a speedy recovery.
- [Association Emergency Powers](https://www.floridacondohoalawblog.com/2023/07/27/association-emergency-powers/) - Florida Statutes provide boards with broad emergency powers in response to damage, injury or public contagion caused by or anticipated in connection with an emergency for which “a state of emergency” is declared. The Governor of the State of Florida must have declared a “state of emergency” in order for an association to utilize the statutorily prescribed emergency powers.
- [Preparing for Extreme Heat: The New Natural Disaster](https://www.floridacondohoalawblog.com/2023/07/25/preparing-for-extreme-heat-the-new-natural-disaster-2/) - The word “hot” has many connotations: it can reveal anger when you say someone is “hot around the collar”; it can invoke personal appeal or desirability “he’s so hot”; it can refer to a disorganized person or situation, hence the description as “a hot mess”; and can also be used to describe an emotional issue
- [Part 2: Can an Association Prohibit Smoking in Its Condominium?](https://www.floridacondohoalawblog.com/2023/07/25/part-2-can-an-association-prohibit-smoking-in-its-condominium/) - As mentioned in Part 1, published in last month’s community update, an association can prohibit smoking in the common elements/common areas by adopting a Rule. An association may also want to prevent smoking on balconies and patios. If the balconies and patios are limited common elements, then just like the common elements, the association can
- [Breed-Specific Dog Bans](https://www.floridacondohoalawblog.com/2023/07/25/breed-specific-dog-bans/) - In 1989, in the wake of a series of serious injuries caused by pit bulls, most notably the mauling of a 7-year-old girl and her mother, Miami-Dade County adopted an ordinance making it illegal for residents to own or keep an American Pit Bull, American Staffordshire Terrier, Staffordshire Bull Terrier, or any other dog whose
- [2023 Legislative Review Part 4](https://beckerlawyers.com/2023-legislative-review-part-4-news-press/) - This week we conclude our review of relevant legislation from the 2023 Legislative Session. Previously we reviewed the bills that directly impact community associations through amendments to the community association’s statutes, including Chapter 718, the Florida Condominium Act and Chapter 720, the Florida Homeowners’ Association Act. This week we review legislative changes to other statutory
- [“The Cheshire Cat and Insurance Carriers” – Today’s General Counsel](https://beckerlawyers.com/the-cheshire-cat-and-insurance-carriers-todays-general-counsel/)
- [2023 Legislative Review Part 3](https://beckerlawyers.com/2023-legislative-review-part-3-news-press/) - This week we continue our review of the legislative changes concerning community associations. In our last column, we were reviewing the changes to Chapter 720, Florida Statutes in HB 919, the Homeowners’ Association Bill of Rights. In this column, we will finish our review of HB 919 and review HB 437 concerning the display of
- [2023 Legislative Review Part 1](https://beckerlawyers.com/2023-legislation-reviewed-news-press/) - This week we will start our annual review of the legislative changes that impact community associations. On May 25, 2023, this column summarized SB 154, the “glitch bill” regarding structural inspections and reserves. SB 154 was signed by the Governing and is now effective. That column can be reviewed at https://beckerlawyers.com/reserve-and-inspection-laws-changed-news-press/.
- [2023 Legislative Review Part 2](https://beckerlawyers.com/2023-legislative-review-continued-news-press/) - In continuing with our overview of the legislative changes from the 2023 legislative session which impact community associations, this week’s column will review HB 919, titled as the “Homeowners’ Association Bill of Rights.” HB 919 was approved by the Governor on June 12, 2023, and becomes effective on October 1, 2023. HB 919 only applies
- [Part 1: Can an Association Prohibit Smoking in Its Condominium?](https://www.floridacondohoalawblog.com/2023/06/27/can-an-association-prohibit-smoking-in-its-condominium-part-1/) - Secondhand smoke is formed from a burning cigarette or the smoke exhaled by the cigarette smoker. Secondhand smoke contains over 7,000 chemicals, hundreds of which are toxic and nearly 70 can cause cancer. From 1964 to 2014, the Surgeon General reported that 2.5 million nonsmoking adults died from inhaling secondhand smoke. These are scary numbers
- [Strict Compliance vs. Substantial Compliance – Not Knowing the Difference Can Cost You!](https://www.floridacondohoalawblog.com/2023/06/27/strict-compliance-vs-substantial-compliance-not-knowing-the-difference-can-cost-you/) - The Florida statues governing community associations often provide timeframes for notice to owners before the association can proceed with action, including passage of special assessments, adoption of fines and collections. While some statutory sections allow for “substantial compliance” with the statutory requirements, associations should be aware that the statutory timeframes require “strict compliance.” This means
- [Board Asks What It Can Do About Late Payments](https://beckerlawyers.com/board-asks-what-it-can-do-about-late-payments-news-press/) - Q: We have a condominium unit owner who has not paid dues in over a year. We would like to suspend their legal rights until they are paid up. May we do this? (M.L., via e-mail) A: Section 718.303(4)of the Florida Condominium Act (the “Act”) provides that where a unit owner is more than 90
- [Getting “Flag Ready” for the Fourth of July](https://www.floridacondohoalawblog.com/2023/05/30/getting-flag-ready-for-the-fourth-of-july/) - Flags serve as a powerful symbol of a nation, its ideals, and its people, and their display in community associations is addressed under State law. The Florida Condominium Act permits a unit owner to display, in a respectful manner, one portable, removable United States flag and portable, removable official flags, not larger than 4.5-feet by
- [What Are Limited Common Elements and Who’s Responsible?](https://www.floridacondohoalawblog.com/2023/05/30/what-are-limited-common-elements-and-whos-responsible/) - The Florida Condominium Act defines limited common elements as those common elements that are reserved for the use of a certain unit or group of units, as specified in the declaration of the condominium. This definition indicates that the limited common elements are a subset of the common elements. Examples of what may be included
- [The New Fannie Mae and Freddie Mac Lender Questionnaire: To Answer, or Not to Answer, That Is the Question!](https://www.floridacondohoalawblog.com/2023/05/30/the-new-fannie-mae-and-freddie-mac-lender-questionnaire-to-answer-or-not-to-answer-that-is-the-question/) - The Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) recently issued new temporary requirements as an attempt to mitigate risk in community association loan underwriting. Many other industries within the community association world, such as insurance, have adjusted costs and guidelines in an effort to mitigate risk as
- [Webinar: Legislative Update 2023](https://beckerlawyers.com/webinar-legislative-update-2023/) - In this course, participants will receive a review of the laws passed during the 2023 Legislative Session impacting condominiums, cooperatives, homeowner associations, timeshares and the community association management profession. It is designed to provide board members and community association managers with a working knowledge of the changes to the law to assist them in ensuring compliance within their community associations.
- [Reserve and Inspection Laws Changed](https://beckerlawyers.com/reserve-and-inspection-laws-changed-news-press/) - Consisting of what I would categorize as relatively minor changes to the sweeping building inspection and reserve laws enacted in 2022, here is a look at Senate Bill 154, which will become law upon signature by the Governor: Inspection Deadlines: The relevance of proximity to the coastline has been removed from the law as a
- [The ‘Nuisance’ Problem](https://beckerlawyers.com/the-nuisance-problem-fcap-managers-report/) - When Do Annoying Behaviors and Activities Within and Surrounding the Community Become a Legal Nuisance and How Can Your Community Deal with It?
- [Mail-In Election Ballots Common For Associations](https://beckerlawyers.com/mail-in-election-ballots-common-for-associations-news-press/) - Q: Due to the ongoing COVID-19 pandemic, many of the seasonal owners in our condominium will not be returning this year. This raises concerns about how we should conduct the election for directors.
- [Responsibility for Tree Branches & Roots](https://www.floridacondohoalawblog.com/2021/06/10/responsibility-for-tree-branches-roots/) - Who is responsible for a tree branch that perilously hangs over a neighbor's house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway?
- [Hold Up: 5 Areas to Negotiate on Elevator Maintenance Contracts](https://beckerlawyers.com/hold-up-5-areas-to-negotiate-on-elevator-maintenance-contracts-community-association-management-insider/) - Properly operating elevators rank near the top of the most important — and most visible —equipment in a community association. Yet some communities sign standard service contracts without giving the terms much thought.
- [Sweeping New Association Law Takes Effect in Florida](https://beckerlawyers.com/sweeping-new-association-law-takes-effect-in-florida-community-association-management-insider/) - A far-reaching new piece of legislation targeting community associations took effect in Florida on July 1, 2021. “It’s a mixed bag,” says Donna DiMaggio Berger, a shareholder in the Ft. Lauderdale, Fla., office of Becker & Poliakoff. “There’s some good stuff and some not so good stuff.” Good or bad, though, Berger says “there are operational
- [Hurricane Preparation](https://beckerlawyers.com/hurricane-preparation-fcap-managers-report/) - Yes, it’s that time of year again. The six month long hurricane season in South Florida. South Florida has seen an increase in hurricane activity over the past years, and that is expected to continue this year. Let’s look at some ways community associations to prepare for such storms.
- [Can the Directors and Members of Your Community Association Meet and Vote Remotely?](https://beckerlawyers.com/can-the-directors-and-members-of-your-community-association-meet-and-vote-remotely-fcap-managers-report/) - During the COVID-19 pandemic, people and businesses alike struggled to meet, organize, and otherwise conduct business in person due to quarantine measures and social distancing policies. In light of these challenges, in 2021, the Florida Legislature enacted laws to make clear that, during a state of emergency, condominium, cooperatives, and homeowners’ associations are authorized to
- [Minutes Must Be Kept Permanently](https://beckerlawyers.com/minutes-must-be-kept-permanently-news-press/) - Q: How long must a 50-year-old condominium retain the minutes of the board of directors’ meetings? (K.B., via e-mail) A: Section 718.111(12)(a) and (b) of the Florida Condominium Act requires that the minutes of all meetings of the condominium association, including meetings of the unit owners and meetings of the board of directors, be permanently
- [Use of Surplus Money Questioned](https://beckerlawyers.com/use-of-surplus-money-questioned-news-press/) - Q: My condominium association recently approved a special assessment to pay for a construction project. The project is now completed and there is money left over. The board has now called a meeting where they are going to consider the applying those funds to a different project. Isn’t the association required to return this money
- [The Worst Storm Is the Storm You Didn’t Prepare For](https://www.floridacondohoalawblog.com/2023/04/27/the-worst-storm-is-the-storm-you-didnt-prepare-for/) - With hurricane season quickly approaching, it is important that you prepare for the worst (and hope for the best)! Hurricane season is June 1 through November 30. This article will provide tips to help prepare your 2023 hurricane preparedness guide, as well as provide actions that you can take before a hurricane makes landfall. The
- [Who Can Be A Condominium Board Member?](https://www.floridacondohoalawblog.com/2023/04/27/who-can-be-a-condominium-board-member/) - Can a non-owner be a Board member in a condominium? Every year this question comes up in one form or another. In some cases, it is a spouse who is not on the deed who wants to be on the Board. In other cases, someone who is on the Board moves away but his/her term
- [Understanding the New Timeframes for Collections](https://www.floridacondohoalawblog.com/2023/04/27/understanding-the-new-timeframes-for-collections/) - Associations frequently ask the question: “When should a delinquent owner be turned over for collections?” To fully answer to this question, the association must understand the relatively new statutory requirements that must be fulfilled before an account is turned over to legal counsel for collections, as well as understanding the increased timeframes an owner is
- [Board Bickers Over Meeting Agendas](https://beckerlawyers.com/board-bickers-over-meeting-agendas-news-press/) - Q: The board of directors for my condominium association has an ongoing dispute over which board members can put items on the agenda of a board meeting. Can individual board members put items on the agenda of a board meeting? (J.N, via e-mail)
- [Workshops Require Minutes](https://beckerlawyers.com/workshops-require-minutes-news-press/) - Q: What are the requirements regarding keeping minutes for workshops by the board of directors? (L.F., via e-mail) A: A board “meeting” is generally defined as any “gathering” of a “quorum” of the board members gathered to “conduct association business.” Breaking this down into its basic components, a gathering is any physical or virtual assembly,
- [Material Alteration Voting Explained](https://beckerlawyers.com/material-alteration-voting-explained-news-press-2/) - Q: A question has arisen in my condominium association regarding what vote is required to change the property. At a recent meeting, 2/3rds voted in favor. However, this was just 2/3rds of the proxies, and not 2/3rds of everybody. Isn’t there a minimum number of votes required to make certain changes to the property? (C.D.,
- [New Laws Regarding Emotional Support Animals](https://www.floridacondohoalawblog.com/2023/03/30/new-laws-regarding-emotional-support-animals-2023/) - Nothing evokes more of an “emotional” response than the issue of emotional support animals in a no-pet community. While this is not a new issue, and has been discussed many times in this forum and others, Florida laws affect how a community handles a request for a reasonable accommodation to its governing documents, rules and
- [Borrowing Money](https://www.floridacondohoalawblog.com/2023/03/30/borrowing-money-2023/) - We have been receiving a number of loan requests. Even though we’ve done articles in this forum regarding association borrowing in the past, there are some issues that keep reoccurring. Do not start the borrowing process without a discussion with your attorney. Often, we are asked to assist an association in obtaining a loan, but
- [Does Your Association Allow You to Use the Clubhouse for Political Events?](https://www.floridacondohoalawblog.com/2023/03/30/does-your-association-allow-you-to-use-the-clubhouse-for-political-events/) - Florida Statutes allow the Condominium unit owners to use the common elements for the purposes for which the common elements were intended as long as their “use does not hinder or encroach upon the lawful rights of other unit owners.” The statute also permits the Board of Directors to create and adopt reasonable rules pertaining
- [Ian Assessments Not Paid/What Next?](https://beckerlawyers.com/ian-assessments-not-paid-what-next-news-press/) - Q: Our condo association, like many others, had to issue an assessment to owners to recover the cost of damages from hurricane Ian. We have issued the notices, and all the owners except one has either made full or partial payments. We understand we may place a lien against the property, but what kind of
- [Developer Turnover Obligations Explained](https://beckerlawyers.com/developer-turnover-obligations-explained-news-press/) - Q: After the developer transfers control of the condominium association to the unit owners, can the association increase the assessments for the common expenses only against the developer owned units to cover the costs of repair for construction defects? (C.D., via e-mail)
- [Notice of Board Meeting Must Include Agenda](https://beckerlawyers.com/notice-of-board-meeting-must-include-agenda-news-press/) - Q: The board of directors of my condominium association recently voted on an issue that was not on the posted agenda. Following the meeting, the board realized that this was an error and there is a question as to how to correct the mistake. Should the board address this at the next board meeting and
- [Water Will Come: Get Your Ducks in A Row](https://beckerlawyers.com/water-will-come-get-your-ducks-in-a-row-fcap-managers-report/) - Florida has a well-deserved reputation for many things: world-class theme parks, stunning beaches, and, to the delight of outsiders everywhere, the exploits of the infamous “Florida Man.” We also accept, as an inescapable consequence of living in our state, that we must deal with hurricanes, tropical storms, and regularly scheduled summer thunderstorms. As obnoxious as
- [Lender Questionnaires](https://www.floridacondohoalawblog.com/2023/02/27/lender-questionnaires/) - Associations and association managers routinely receive what are referred to as lender questionnaires on a regular basis. A lender questionnaire is usually a request from a bank, lending institution or title company that requests the Association provide information about the community to the lender. Such requested information generally includes request for information concerning the community
- [Timesavers at Annual/Election Meetings](https://www.floridacondohoalawblog.com/2023/02/27/timesavers-at-annual-election-meetings/) - Proxies and Limited Proxies In condominiums and cooperatives, general proxies are used for establishment of a quorum and limited proxies are used to vote on a particular matter – amendments, waive reserves or financial reporting requirements, etc. It is only in homeowners associations when proxies may also be used for elections. Proxies and limited proxies
- [Director Elections in HOAs (i.e. Welcome to the Wild, Wild West)](https://www.floridacondohoalawblog.com/2023/02/27/director-elections-in-hoas-i-e-welcome-to-the-wild-wild-west/) - An increasing number of homeowners’ associations are adopting a two-notice, advance-nomination process for electing directors, similar to the election procedures statutorily dictated for condominium associations.
- [Condo Hurricane Repairs Explained](https://beckerlawyers.com/condo-hurricane-repairs-explained-news-press/) - Q: My condominium building suffered significant damage from Hurricane Ian, including damage to the exterior of the building and the interior of the units. The association recently said that it will begin making various repairs, including repairs inside the unit. Is this permitted without my permission since this is property that I own? (D.K., via
- [HOA Audit Can be Waived](https://beckerlawyers.com/hoa-audit-can-be-waived-news-press/) - Q: My homeowners’ association is required to have an audit every year. This year there is a discussion of skipping the audit. Are there voting guidelines and deadlines on this? (A.G., via e mail) A: Section 720.303(7) of the Florida Homeowners’ Association Act provides that homeowners’ associations with annual revenues of $500,000.00 or more must
- [Election Proxies Questioned](https://beckerlawyers.com/election-proxies-questioned-news-press/) - Q: The survey for my lot when I closed on my property shows a 15-foot-wide drainage easement dedicated to my homeowners’ association. Can my association use the drainage easement for another purpose besides drainage? (A.D., via e-mail) A: Most likely not. However, the answer to your question depends on several things, including the language contained
- [Special Assessments](https://www.floridacondohoalawblog.com/2023/01/27/special-assessments/) - There are very specific statutory requirements for levying a special assessment in a condominium. Your governing documents must be reviewed to determine who votes on the special assessment (Board, membership, or both), and the notice period for the meeting at which the special assessment will be approved. Sometimes the notice period will be longer than
- [The Role of Impartial Committees in Condominium Elections](https://www.floridacondohoalawblog.com/2023/01/27/the-role-of-impartial-committees-in-condominium-elections/) - The focus of this article is on impartial committees for the annual election. This committee tallies the votes that were cast and determines the outcome of the election. If selected in advance of the annual meeting by the Board, the committee may also verify outer envelope information in advance of the meeting. As a starting
- [Reviving Unenforced Restrictions](https://www.floridacondohoalawblog.com/2023/01/27/reviving-unenforced-restrictions/) - The previous boards failed to enforce the provisions of the Declaration, bylaws, and/or rules and regulations of the community and now whenever the manager tells someone that they are in violation, the response is that the Association allowed this to occur for many years without enforcement. All is not lost. A previously unenforced restriction may
- [Association Loans Explained](https://beckerlawyers.com/association-loans-explained-news-press/) - Q: The board of directors of my condominium association has stated they are considering major restoration projects soon and have stated that they are considering a loan from a bank to fund part the projects. While nothing has been decided, the board has mentioned that considering a loan to pay for the work. Does the
- [Manager Licensing Explained](https://beckerlawyers.com/manager-licensing-explained-news-press/) - Q: What exactly is a CAM? I hear this term used at some of our board meetings. (K.R., via e-mail) A: The term “CAM” is an acronym often used when referring to a “community association manager.” A CAM is a person licensed by the Florida Department of Business & Professional Regulation to perform “community association
- [SBA Loan Update](https://beckerlawyers.com/sba-loan-update-news-press/) - The U.S. Small Business Administration (“SBA”) has announced that it is waiving the interest rate for the first year on new loans and deferring loan re-payments for 12 months. Therefore, SBA loan borrowers will not be required to make principal payments or interest payments during the first year of the loan. The SBA is automatically
- [Law Permits Non-Owners on Board](https://beckerlawyers.com/law-permits-non-owners-on-board-news-press/) - Q: An issue recently arose in my homeowners’ association regarding who may be a candidate for election to the board of directors. A resident in the community, who is not on the deed of the home, has expressed an intent to run for the board. However, can a non-owner serve on the board of directors
- [Sunshine Laws Apply to Board "Workshops"](https://beckerlawyers.com/sunshine-laws-apply-to-board-workshops-news-press/) - Q: I am a director on the board of our HOA and we are questioning whether or not our board members can have a workshop to brainstorm and discuss the budget prior to presenting the budget to our membership. The board would not be looking to vote on and adopt the annual meeting at this
- [Association Voting in the Electronic Age](https://beckerlawyers.com/association-voting-in-the-electronic-age-news-press/) - Q: I serve on the Board of a very large condominium association. Getting unit owners to return proxies and ballots is difficult (to say the least), making it almost impossible to get voting items to pass. Oftentimes, we have a hard time even getting a quorum. With so many people being accustomed to “Zoom” meetings,
- [Board Can Install Vehicle Chargers](https://beckerlawyers.com/board-can-install-vehicle-chargers-news-press/) - Q: There have been recent discussions in my condominium about the board installing an electric vehicle charging station for everyone to use. It was my understanding that owners are entitled to install charging stations at their expense. Doesn’t a common charging station that we all have to pay for require a vote of the owners?
- [The 2023 Season is Upon Us. Time to Think about Elections](https://www.floridacondohoalawblog.com/2022/11/23/the-2023-season-is-upon-us-time-to-think-about-elections/) - A new season means a new annual meeting and election. In condominiums and cooperative associations there are two components: the election of directors and the annual meeting. Most think of them as one and the same, but they really are separate events which occur concurrent with one another. The condominium and cooperative election takes place
- [Why Can’t We...](https://www.floridacondohoalawblog.com/2022/11/23/why-cant-we/) - Unit owners often move from private homes and do not understand that the condominium form of ownership in Florida is somewhat unique. In many instances some individual liberties must be curtailed for the good of the community as a whole. What they may have been permitted to do “up north” may not be the same
- [Condo vs. HOA Budget Procedures Explained](https://beckerlawyers.com/condo-vs-hoa-budget-procedures-explained-news-press/) - Q: How much notice to the members is required when the board is adopting the annual budget? (B.R., via e-mail) A: For a condominium association, budget meetings must be noticed at least 14 days in advance for the benefit of the members. Notice is to be posted on the condominium or association property, and also
- [Competitive Bidding Explained](https://beckerlawyers.com/competitive-bidding-explained-news-press/) - Q: When does a condominium association have to get bids for repair work and does the association have to hire the company with the lowest bid? (K.R., via e-mail) A: Contracts for legal, accounting, architectural, engineering, and landscape architectural services are not subject to the competitive bid requirements. Contracts for employees who work directly for
- [Hurricane Ian Recover: Debris Removal Issues](https://beckerlawyers.com/hurricane-ian-recover-debris-removal-issues-news-press/) - It has now been about a month since Hurricane Ian devastated Southwest Florida. The clean-up process is ongoing, and many community associations still have significant amounts of debris to deal with. One option that may be available to community associations to address debris removal is authorizing entry by county contractors to remove materials. The Stafford
- [Hurricane Ian Cleanup and Restoration Work Issues](https://beckerlawyers.com/hurricane-ian-cleanup-and-restoration-work-issues-news-press/) - It has now been over a month since Hurricane Ian made landfall in Southwest Florida, causing historic levels of damage to our community. Some of the most shocking damage from Hurricane Ian was due to its unprecedented levels of storm surge, causing flooding in large portions of Southwest Florida. However, our community has responded in
- [Enforcing the Rules and Regulations in Your Community: All Actions Have Consequences. How Prepared Are You to Enforce Them?](https://www.floridacondohoalawblog.com/2022/10/27/enforcing-the-rules-and-regulations-in-your-community/) - Whether you live in a condominium, cooperative, or homeowners’ association, owners and their guests, tenants and invitees are bound by the association’s governing documents, which may include the declaration, articles of incorporation, and bylaws, and any rules and regulations. Prospective owners and tenants must understand what is required of them under these documents as they
- [Options for Dispute Resolution in Condominium Associations](https://www.floridacondohoalawblog.com/2022/10/27/options-for-dispute-resolution-in-condominium-associations-2/) - Peace is Not the Absence of Conflict, it is the Ability to Handle Conflicts by Peaceful Means - Ronald Reagan On July 1, 2021, changes to Florida law opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through presuit mediation. Previously, certain disputes
- [Emergency Powers for Community Associations](https://beckerlawyers.com/emergency-powers-for-community-associations-news-press/) - Two and half weeks ago, Hurricane Ian made landfall in Southwest Florida. Hurricane Ian was practically a worst-case scenario for our area and has impacted essentially every person and community. The recovery for many of our communities will take years and the process is only beginning. In response to Hurricane Ian, the Governor has declared
- [Top Five Tips When Negotiating a Construction Contract](https://www.floridacondohoalawblog.com/2022/03/30/top-five-tips-when-negotiating-a-construction-contract/) - The following are some general principles that might help you evaluate a construction contract: Define the Scope of Work One of the most important things you can do is define the scope of work. If you and your contractor are not on the same page when it comes to what you want done and what
- [Recovery From Hurricane Ian](https://beckerlawyers.com/recovery-from-hurricane-ian-news-press/) - Recovery From Hurricane Ian Unfortunately, Hurricane Ian was a historic storm and has left a wide and substantial swath of damage across Southwest Florida. As we all work to recover from the ongoing effects of Hurricane Ian, I would like to share a few pointers we have learned from past storms and some things we
- [Estoppel Fees Have Increased](https://www.floridacondohoalawblog.com/2022/09/29/estoppel-fees-have-increased/) - In 2017, the Florida Legislature amended the community association statutes to formalize the estoppel certificate process and to establish the amount association were permitted to charge for providing the estoppel certificate. Prior to 2017, the statutes stated that associations could charge a fee for providing an estoppel certificate but did not specify the amount of
- [Special Assessment Due Dates Not Set by Statute](https://beckerlawyers.com/special-assessment-due-dates-not-set-by-statute-news-press/) - Q: I understand that the board of directors of my condominium association has the authority to levy special assessments. However, is there any requirement on when special assessments must be due? Does the association have to allow at least 30 days or more before the special assessment can be due? (M.B., via e-mail) A: The
- [Electronic Voting in Community Associations Are the Days of Paper Ballots and In-Person Meetings a Thing of the Past?](https://www.floridacondohoalawblog.com/2022/09/29/electronic-voting-in-community-associations-are-the-days-of-paper-ballots-and-in-person-meetings-a-thing-of-the-past/) - Before the 2020 pandemic, annual membership meetings were a time for owners to get together and discuss community issues while anxiously awaiting for election ballots to be counted. However, COVID-19 changed the manner in which association meetings were held. With restrictions on large group gatherings and strict quarantine requirements, many associations limited in-person attendance, requiring
- [Acceptance and Application of Payments is ALWAYS the Right Answer](https://www.floridacondohoalawblog.com/2022/09/29/acceptance-and-application-of-payments-is-always-the-right-answer/) - Assessment payments are the life blood of every community association, and the recovery of delinquent assessments is the primary goal for every community association. However, many associations, and their management companies, refuse to accept direct payment from delinquent owners once the account is turned over to their attorney for collection proceedings. Many associations place a
- [Can a Married Couple Both Serve on the Board?](https://beckerlawyers.com/can-a-married-couple-both-serve-on-the-board-naples-daily-news/) - Q: Can a husband and wife both serve on the same condominium board of directors? T.H. A: Maybe. If the husband and wife are both co-owners of a unit (i.e., both names listed on the deed), a provision from the Florida Condominium Act addresses the issue raised in your question. This provision states that, in a residential
- [Board Workshops Covered by Sunshine Law](https://beckerlawyers.com/board-workshops-covered-by-sunshine-law-news-press/) - Q: I understand that if the board of directors posts notice for a meeting, and a majority of board members are there, that is a board meeting. However, what if a board just holds a workshop to discuss certain items and to get input, but no vote is taken. What is that, and is that
- ["Estoppel" Fee Explained](https://beckerlawyers.com/estoppel-fee-explained-news-press/) - Q: I recently contacted my condominium association to get an account status for refinancing my mortgage. I was charged $299.00, which seems like a lot. Is this a valid charge? (J.R., via e-mail) A: The Condominium Act, the Cooperative Act, and the Homeowners’ Association Act, all regulate the amount the associations can charge for “estoppel
- [Neighbor Complaint Letters Not Confidential](https://beckerlawyers.com/neighbor-complaint-letters-not-confidential-news-press/) - Q: Our association has a requirement that no cars be parked in the street. I keep receiving letters from the manager saying that keeping a car parked in front of my house is a violation and that the letters are because of complaints from my neighbors. Am I allowed to be told who complained? (M.P.,
- [Do Robert’s Rules of Order Apply to Community Association Meetings?](https://www.floridacondohoalawblog.com/2022/08/30/do-roberts-rules-of-order-apply-to-community-association-meetings/) - I have many times heard complaints from owners (and sometimes board members) that the association is not following Robert’s Rules of Order (“Robert’s Rules”) during their board and/or owner meetings. Robert’s Rules is a well-known manual of parliamentary procedures which dates back to the late 1800’s. It is important to understand that there is no
- [An Association’s Response to Those Persons Who May Need Some Additional Care in Living](https://www.floridacondohoalawblog.com/2022/08/30/an-associations-response-to-those-persons-who-may-need-some-additional-care-in-living-2/) - Some older individuals choose to live out their final years in their personal residences, alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other residents may experience mental or physical health issues which make them unable to adequately care for themselves. Associations are often at a loss with how to
- [Correcting User Error – How to Handle Construction Defects](https://www.floridacondohoalawblog.com/2022/08/30/correcting-user-error-how-to-handle-construction-defects/) - As we all know, condominium buildings suffer from wear and tear over time. Not only do communities withstand extreme weather conditions here in Florida, but they also experience extensive use over long periods of time. In fact, it is not uncommon to live in a condominium building that has been occupied for over half a
- [Coral Lakes Community Association, Inc. v. Busey Bank, N.A.](https://www.floridacondohoalawblog.com/2021/04/30/coral-lakes-community-association-inc-v-busey-bank-n-a/) - What happens to unpaid assessments owed to the association when a first mortgagee forecloses is the subject of Coral Lakes Community Association, Inc. v. Busey Bank, N.A., 30 So.3d. 579 (Fla. 2d DCA 2010). Many of you may have heard of the “safe harbor” provision found in section 720.3085(2)(c), Florida Statutes.
- [Klinow v. Island Court at Boca West Property Owners’ Association, Inc.](https://www.floridacondohoalawblog.com/2021/07/30/klinow-v-island-court-at-boca-west-property-owners-association-inc/) - Amending maintenance obligations in a homeowners’ association’s declaration of covenants is at the heart of THIS CASE. In 2007, the Association proposed a beautification project which involved replacing driveways and sidewalks at the owners’ expense. As part of the plan, an amendment to the declaration of covenants was proposed which would give the association the
- [Brown v. Rice](https://www.floridacondohoalawblog.com/2021/10/31/brown-v-rice/) - The ability (and limitations) on transferring limited common elements is at the heart of THIS CASE. The declaration of condominium at issue specifically described the garages as limited common elements and gave the developer the authority to assign garages. The subject garage was assigned by the developer to the original purchaser of Unit 511. Unit
- [Comcast of Florida LP v. L’Ambiance Beach Condominium Association, Inc.](https://www.floridacondohoalawblog.com/2021/11/30/comcast-of-florida-lp-v-lambiance-beach-condominium-association-inc/) - The ability for condominium associations to terminate certain contracts using a statutory procedure is at the heart of THIS CASE. In 2002, Comcast of Florida, L.P. (“Comcast”) entered into an agreement with the condominium developer (on behalf of the Association) that granted Comcast an easement to install cables and offer cable television services to residents
- [Heron at Destin West Beach & Bay Resort Condominium Association, Inc v. Osprey at Destin West Beach and Bay Resort Condominium Association, Inc.](https://www.floridacondohoalawblog.com/2022/01/28/heron-at-destin-west-beach-bay-resort-condominium-association-inc-v-osprey-at-destin-west-beach-and-bay-resort-condominium-association-inc/) - Hierarchy amongst documents which govern a community association is at the heart of THIS CASE. The primary dispute which ignited this litigation concerned how the president would be chosen for the master association board of directors. The master association board of directors is comprised of the five presidents of five sub-condominium associations. One faction on
- [Enegren v. Marathon Country Club Condominium West Ass’n, Inc.](https://www.floridacondohoalawblog.com/2021/09/30/enegren-v-marathon-country-club-condominium-west-assn-inc/) - Whether an association can be equitably estopped from enforcing certain restrictions is at the heart of THIS CASE. In January 1985, the board for Marathon Country Club Condominium West Association, Inc. (“Association”) adopted a set of rules and regulations which stated that boats larger than 25 feet could be docked as long as space was
- [Questions Linger Regarding the New Law Addressing Building Safety](https://beckerlawyers.com/questions-linger-regarding-the-new-law-addressing-building-safety-naples-daily-news/) - Q: I read the articles summarizing the new law that addresses building safety for certain condominiums. In my condominium association, the owners are responsible for their windows, not the association. However, if I understand it correctly, the new law requires the association to reserve for window replacement. How will this requirement work in a community
- [State Publishes Mandatory Condo Form](https://beckerlawyers.com/state-publishes-mandatory-condo-form-news-press/) - As previously discussed in this column, the Legislature adopted SB4-D effective May 26, 2022. In addition to imposing new requirements for structural inspections for buildings of 3 stories or more in height, and significantly changing the reserve laws, the new law also creates new reporting requirements for condominium and cooperative associations. The law requires that
- [Neighbor’s Secondhand Smoke A Bother](https://beckerlawyers.com/neighbors-secondhand-smoke-a-bother-news-press/) - Q: Can a condominium association ban smoking inside condominium unit? I have discomfort and health concerns related to my neighbor’s constant smoking. (M.C., via e-mail) A: There is no case law on this topic, and it is not addressed in the statute. The board is usually given the authority to adopt rules regarding the common
- [Notice of Board Meetings Must Be Posted](https://beckerlawyers.com/notice-of-board-meetings-must-be-posted-news-press/) - Q: It is my understanding that board meetings require paper posting of notice on the condominium property. However, our board does not always post notice saying that “they forgot.” What action can be taken to address a failure to post meeting notice as required? (M.G., via e-mail) A: Board members have a fiduciary duty to
- [Can I Get a Restraining Order?](https://www.floridacondohoalawblog.com/2022/07/29/can-i-get-a-restraining-order/) - Over the past few years there seem to be more communities with persons who are threatening, being aggressive, or even stalking board members and/or the association’s manager. In those cases where the person acting in a threatening manner is not an owner, such as a tenant, an occupant, or a guest, then the association may
- [Options for Dispute Resolution in Condominium Associations](https://www.floridacondohoalawblog.com/2022/07/29/options-for-dispute-resolution-in-condominium-associations/) - Peace is Not the Absence of Conflict, it is the Ability to Handle Conflicts by Peaceful Means - Ronald Reagan On July 1, 2021, changes to Florida law opened the door to allow condominium and cooperative associations a new option for addressing disputes between unit owners and the association through presuit mediation. Previously, certain disputes
- [HOA Rental Amendments](https://www.floridacondohoalawblog.com/2022/07/29/hoa-rental-amendments/) - The Homeowners’ Association Act (Chapter 720, Florida Statutes) was amended during the 2021 Legislative Session to address a homeowners’ association’s authority to adopt amendments to its governing documents pertaining to rentals. The new law, Section 720.306(1)(h), Florida Statutes, became effective on July 1, 2021. In summary, any amendment to a governing document enacted after July
- [Management Company Conflict of Interest Questioned](https://beckerlawyers.com/management-company-conflict-of-interest-questioned-news-press/) - Q: Can the president of a condominium association also be an owner of the property management company that represents the association or is that a conflict of interest? (K.R., via e-mail) A: The facts you describe create a rebuttable presumption of a conflict of interest, because the president of the association, who is presumably also
- [Should Board Members Be Paid?](https://beckerlawyers.com/should-board-members-be-paid-news-press/) - Q: Is a condominium association permitted to pay the members of the board of directors? Board members spend a lot of time and energy in a thankless job. It only seems fair that they should get some benefit for all the effort. (M.S., via e-mail) A: Section 718.112(2)(a)1 of the Florida Condominium Act states that
- [Must Owners Approve New Flooring in Clubhouse?](https://beckerlawyers.com/must-owners-approve-new-flooring-in-clubhouse-naples-daily-news/) - Q: The new board at my condominium removed the carpet in the clubhouse and had luxury vinyl flooring installed in its place. Weren’t they required to get owner approval before making this type of change? D.M. A: Maybe. Replacing carpet with vinyl flooring in the clubhouse will be considered a material alteration. The Florida Condominium Act
- [COVID Lingers/So Do Legal Questions](https://beckerlawyers.com/covid-lingers-so-do-legal-questions-news-press/)
- [Voting Requirements Cause Frustration](https://beckerlawyers.com/voting-requirements-cause-frustration-news-press/) - Q: The condominium documents for my association require that 75% of all members must vote to approve any amendments. The association has trouble even getting a quorum of members to attend meetings. Can the association approve an amendment based on just the vote of those members voting, or send out the vote and state that
- [New Law Addresses Building Safety](https://beckerlawyers.com/new-law-addresses-building-safety-news-press/) - In a surprise move, the Florida Legislature decided in its pending Special Session to take up the “Surfside legislation” that did not pass during the Regular Session earlier this year. A Bill was adopted unanimously by the Senate on May 24, 2022 by the House on May 25, and signed into law by the Governor
- [Can Board Decide on New Roofs?](https://beckerlawyers.com/can-board-decide-on-new-roofs-news-press/) - Q: My condominium association board voted to replace the roofs on the condominium buildings, which are 20 years old. I am not aware of any major issue with the roofs. Our condominium documents say that any capital improvement must be approved by a majority of the unit owners. Can the board do this? (M.N., via
- [Board Agendas Questioned](https://beckerlawyers.com/board-agendas-questioned/) - Q: My homeowners’ association board has voted on topics that were not posted on the agenda; therefore, homeowners did not know they would be voting on these items. Is this legal? (G.P., via e-mail) A: In condominiums, a board may not take action on any item at a board meeting unless the item was placed
- [Hope for the Best; Prepare for the Worst: Preparing for the 2022 Hurricane Season](https://beckerlawyers.com/hope-for-the-best-prepare-for-the-worst-preparing-for-the-2022-hurricane-season-naples-daily-news/) - Q: My condominium association just sent all owners a copy of a hurricane plan that lists the actions the association will take if our area is impacted by a hurricane watch or warning. If the association is responsible for protecting the condominium building, what should I do to prepare my Unit for a possible storm?
- [Enforcement of New Structural Safety Law Examined](https://beckerlawyers.com/enforcement-of-new-structural-safety-law-examined-news-press/) - Q: In a previous column, you mentioned the new statute that deals with building inspections and reserves. I understand the reason for these changes, but do not understand how they are enforced or how extensive they are. Can you comment further on that? (S.S., via e-mail) A: This may be the most impactful change to
- [HOA Lien Procedures Explained](https://beckerlawyers.com/hoa-lien-procedures-explained-news-press/) - Q: There has been confusion on my HOA board regarding when the association can record a lien against a delinquent owner. I thought we could lien after 45 days, but our manager says we must give a warning letter first. Is this correct? (G.M., via e-mail) A: More or less. First, the association needs to
- [Summary of New Law Addressing Building Safety](https://beckerlawyers.com/summary-of-new-law-addressing-building-safety-naples-daily-news/) - Q: I’ve heard about a brand-new law which addresses building safety for certain types of condominiums. What does the new law say and what impacts will it have? B.Z. A: During the Florida Legislature’s Regular Session, held earlier this year, there were several bills filed which were intended to address the Surfside tragedy. None of these
- [New Structural Safety Laws Create Questions](https://beckerlawyers.com/new-structural-safety-laws-create-questions-news-press/) - Q: I have heard that there will be efforts to change the new condominium law about inspections and reserves. Can you shed any light on what the proposals might be and their chances of passing? (S.G., via e-mail) You can read my initial summary of the new statute in my column “Enforcement of New Structural
- [Ocean Trail Unit Owners Association, Inc. v. Mead, 650 So.2d 4 (Fla. 1994)](https://www.floridacondohoalawblog.com/2022/02/28/ocean-trail-unit-owners-association-inc-v-mead-650-so-2d-4-fla-1994/) - The independent covenant to timely pay assessments is at the heart of THIS CASE. Condominium unit owners brought action against condominium association, seeking declaration that association’s $500 special assessment was unauthorized. The trial court approved the assessments, and the owners appealed. At the Fourth District Court of Appeals, the court certified that the following question
- [Bay Holdings, Inc. v. 2000 Island Boulevard Condominium Association, Inc.895 So.2d 1197 (Fla. 3d DCA 2005)](https://www.floridacondohoalawblog.com/2022/03/28/bay-holdings-inc-v-2000-island-boulevard-condominium-association-inc-895-so-2d-1197-fla-3d-dca-2005/) - Limitations on the judicial interpretation of statutes is at the heart of THIS CASE. Bay Holdings, Inc. was a wholly owned subsidiary of Bank United FSB. Bank United FSB foreclosed its first mortgage on a condominium unit within 2000 Island Boulevard Condominium. Following the foreclosure, Bank United FSB assigned its rights under the foreclosure final
- [Heat Safety Tips for Employers](https://beckerlawyers.com/heat-safety-tips-for-employers/)
- [Quail Creek Property Owners Association, Inc. v. Hunter 538 So.2d 1288 (Fla. 2d DCA 1989)](https://www.floridacondohoalawblog.com/2022/04/30/quail-creek-property-owners-association-inc-v-hunter-538-so-2d-1288-fla-2d-dca-1989/)
- [Heath v. Bear Island Homeowners Association, Inc. 76 So.3d 39 (Fla. 4th DCA 2011)](https://www.floridacondohoalawblog.com/2022/05/22/heath-v-bear-island-homeowners-association-inc-76-so-3d-39-fla-4th-dca-2011/) - The importance of how language is drafted in covenants is at the heart of THIS CASE. Heath, a resident of Bear Island and as such a party to the Declaration of Covenants and Restrictions (“Declaration”), filed a lawsuit for injunction against the association and one of its directors. In the lawsuit, Heath accused the association
- [Statutory and Non-Statutory Reserves in Homeowners’ Associations](https://www.floridacondohoalawblog.com/2022/06/30/statutory-and-non-statutory-reserves-in-homeowners-associations/) - Given the fiduciary responsibilities of directors and officers to the members of their homeowners’ association, it is important to understand when reserve funding is mandatory under the Florida Homeowners’ Association Act (Chapter 720, Florida Statutes). Reserve accounts in a Homeowners Association allow the association to set aside funds for deferred or long-term maintenance of common
- [The Association’s Responsibility for Wildlife in the Community](https://www.floridacondohoalawblog.com/2022/06/30/the-associations-responsibility-for-wildlife-in-the-community/) - As Floridians, we are familiar with various types of wildlife surrounding our neighborhoods. As new communities develop and expand into natural habitats throughout the state, interactions between residents and wildlife are increasingly common. Most of the time, these interactions are unproblematic, but dangerous incidents can, and do, occur. The tragic alligator attack of the two-year
- [Electric Vehicle Charging Stations on the Common Elements](https://www.floridacondohoalawblog.com/2022/06/30/electric-vehicle-charging-stations-on-the-common-elements/) - Electric vehicles are now commonplace in our society and with the price of gas skyrocketing, more people will consider purchasing them. Condominium association directors should, therefore, expect owners to ask questions about electric vehicle charging stations (EVCS) on the common elements. Specifically, is the board able to install an EVCS on the common elements as
- [Responsibility for Tree Branches and Roots](https://www.floridacondohoalawblog.com/2021/02/26/responsibility-for-tree-branches-and-roots/) - Who is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway? Florida common law provides that a property owner (owner of the tree) does not owe a duty to remove or trim tree branches or roots or other vegetation encroaching onto neighboring property and does not recognize a cause of action for negligence or nuisance for failure to do so. Therefore, the owner of the tree will not be liable for the damage caused to a neighboring property.
- [Designation of Primary Occupant](https://www.floridacondohoalawblog.com/2021/04/28/designation-of-primary-occupant/) - Many condominium governing documents require new residents to go through a screening process. Section 718.104(5) of the Florida Condominium Act provides that “[t]he declaration as originally recorded or as amended under the procedures provided therein may include covenants and restrictions concerning the use, occupancy, and transfer of the units permitted by law with reference to real property.” Accordingly, the condominium’s governing documents may include provisions restricting use, occupancy, and transfer, thereby requiring a “screening” process.
- [Is Your HOA Gate Opening to Increased Liability?](https://www.floridacondohoalawblog.com/2021/04/28/is-your-hoa-gate-opening-to-increased-liability/) - When a community has an entrance gate, it is almost inevitable that the association will at some point deal with the issue of whether it is responsible for damage to a vehicle which occurred when someone was entering or exiting the gate. The primary question to resolve in assessing liability in such a circumstance is determining the cause of the damage. The answer may not always be clear-cut, and the association needs to make sure that it is prepared for such an incident.
- [Best Practices for the Use of Video Cameras](https://www.floridacondohoalawblog.com/2022/05/27/best-practices-for-the-use-of-video-cameras/) - If an association undertakes the use of video cameras for its community, it should consider the following issues and measures: As the Division of Florida Condominiums, Time Shares and Mobile Homes has determined that the installation of a security camera is a material alteration, review the Declaration (in a condominium) to determine what vote is
- [Top 10 Manager Dos And Don’ts](https://www.floridacondohoalawblog.com/2022/05/27/top-10-manager-dos-and-donts/) - Managers and directors are faced with many decisions while operating and managing community associations. To be effective, it is important to prioritize which issues must be addressed, and in what order, and to be able to determine which matters need to be referred to legal counsel for further direction. Below is a list of “dos”
- [Can Anything Be Done About Solar Panels?](https://www.floridacondohoalawblog.com/2022/04/28/can-anything-be-done-about-solar-panels/) - If you are living in an HOA, you probably have heard that the association cannot prohibit the installation of solar panels (or “solar collectors”). A Florida law, F.S. 163.04, provides that any “deed restriction or declaration” or even any “similar binding agreement” may not prohibit – or have the effect of prohibiting – solar collectors,
- [The ABC’s – Alcohol Sales, BYOB, and Related Considerations](https://www.floridacondohoalawblog.com/2022/04/28/the-abcs-alcohol-sales-byob-and-related-considerations/) - Does your association include facilities that serve and sell alcohol? Is the association property zoned to permit alcohol-related uses? Does your association hold any alcoholic beverage licenses from the Florida Department of Business and Professional Regulation’s Division of Alcohol Beverages and Tobacco (“Division”) and corresponding local government approvals and, if so, what is the geographical
- [Statutory Meeting Requirements](https://www.floridacondohoalawblog.com/2022/04/28/statutory-meeting-requirements/) - Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency. One way that association activities are made transparent is through statutory provisions requiring most kinds of meetings to be open and noticed to the membership. In fact, applicable laws governing the operation of condominium and homeowners’ associations allow board members
- [Webinar: 2022 Legislative Session Wrap Up](https://beckerlawyers.com/webinar-2022-legislative-session-wrap-up/)
- [Director Compensation: Do I Get Paid for This?](https://beckerlawyers.com/director-compensation-do-i-get-paid-for-this-naples-daily-news/) - Q: I am considering running for the board of my condominium association. However, there is a lot of work involved in being on the Board. It can be a thankless position, which discourages many owners from volunteering. Can we compensate the members of the board as a way to encourage people to serve? (T.B. via
- [Right to See HOA Records Process Questioned](https://beckerlawyers.com/right-to-see-hoa-records-process-questioned-news-press/) - Q: I understand that the Florida Homeowners’ Association Act states that if a request to inspect records is sent by certified mail and the association fails to make their records available within 10 business days, the statute imposes a rebuttable presumption that the association willfully failed to comply with the owner’s right to inspect. However,
- [Absentee Directors A Concern](https://beckerlawyers.com/absentee-directors-a-concern-news-press/) - Q: Our condominium board president has filled vacancies with “snowbirds” that are not here for most of the year. Does Florida law require their attendance at regular board meetings? Are there any requirements for attending a minimum number of board meetings or being removed for missing meetings? (G.K., via e-mail) A: As an initial matter,
- [Short Term Rentals A Neighborhood Problem](https://beckerlawyers.com/short-term-rentals-a-neighborhood-problem-news-press/) - Q: How can a homeowners’ association regulate owners renting out their houses to short term guests? If the association were to enforce with a penalty, how can it collect on it? (E.H., via e-mail) A: The place to start is knowing what your governing documents and local laws say about the subject. For example, some
- [Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement](https://www.floridacondohoalawblog.com/2022/03/30/three-common-covenant-enforcement-defenses-waiver-estoppel-and-selective-enforcement/) - Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents. Where the terms of a covenant are unambiguous, courts will enforce such restrictions. However, it is not uncommon for an owner who has violated the covenants to scramble for defenses to try to justify his or her
- [Community Association Due Process Rights with Respect to Neighboring Developments](https://www.floridacondohoalawblog.com/2022/03/30/community-association-due-process-rights-with-respect-to-neighboring-developments-2/) - If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and residents procedural due process, which includes fair notice of the public hearings at which the
- [Will Mistake Require A New Election?](https://beckerlawyers.com/will-mistake-require-a-new-election-naples-daily-news/) - Q: I recently lost the election at my condominium by a few votes. Although my name was on the ballot, my resume was not included with the ballot mailout. Doesn’t this require the association to have another election? T.V. A: If you timely submitted your candidate information sheet, and you can provide that you did,
- [Terms and Term Limits Different](https://beckerlawyers.com/terms-and-term-limits-different-news-press/) - Q: I have a question in regards to condominium board member term of office and elections.
- [Committee Conundrum Explored](https://beckerlawyers.com/committee-conundrum-explored-news-press/) - Q: A director on our condominium board recently resigned, but would still like to volunteer on a committee. Is this permissible? (S.F., via e-mail) A: I believe so, but the law is a bit of a mess. Section 718.103(7) of the Florida Condominium Act defines a “committee” as “a group of board members, unit owners,
- [Terms and Term Limits Different](https://beckerlawyers.com/hoa-rule-amendments-must-be-recorded-news-press/) - Q: Could you please tell me when the State passed legislation to require HOA’s to record its rules and regulations? (T.D., via e-mail)
- [Bank Information Requests Explained](https://beckerlawyers.com/bank-information-requests-explained-news-press/) - Q: Our manager recently told the board that there has been a change with “bank requests” and said the board needed to address it. I did not understand what that means or what the changes are. Could you please explain? (A.M., via e-mail) A: Needless to say, as a result of the tragic condominium building
- [Amendment Votes Questioned](https://beckerlawyers.com/amendment-votes-questioned-news-press/) - Q: I own a condominium with only 15 units in our association. The declaration for the condominium has never been updated and currently requires a vote of 75% of the all unit owners to change. Because four owners can veto any amendment, nothing can pass. Is there any way around this? Does Florida law address
- [HOA Budget Increase Questioned](https://beckerlawyers.com/hoa-budget-increase-questioned-news-press/) - Q: I found out my HOA fee went up almost 40 percent without any notice. I want to know why and if it went up for everyone. Can I request more information because I didn’t receive anything? (M.P., via e-mail) A: Board budget meetings in a homeowners’ association require posted notice, which must state that
- [Becker Awarded FLCAJ Readers’ Choice Award For Eighth Consecutive Year](https://beckerlawyers.com/becker-awarded-flcaj-readers-choice-award-for-eighth-consecutive-year/)
- [Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected?](https://www.floridacondohoalawblog.com/2022/02/28/attorney-client-privilege-are-litigation-related-communications-between-an-association-attorney-and-management-protected/) - The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others. The privilege covers written and oral
- [Bulk Telecommunications Contracts](https://www.floridacondohoalawblog.com/2022/02/28/bulk-telecommunications-contracts/) - This Article aims to highlight issues the association should consider when looking to change or enter into a new bulk agreement. Bulk Agreements and the Law Before discussing specific issues with Bulk Telecommunications Agreements, it is worth noting that the various community association statutes provide for the authority of associations to enter into bulk communication
- [Board Decides How to Present Amendments](https://beckerlawyers.com/board-decides-how-to-present-amendments-news-press/) - Q: My condominium association recently voted on several amendments to the condominium documents. They presented the amendments as one vote, either in favor of all of the changes or against all of the changes. Is this permissible? Shouldn’t we be allowed to vote on each change? (A.A., via e-mail) A: While there are specific legal
- [Condo Term Limits Explained](https://beckerlawyers.com/condo-term-limits-explained-news-press/) - Q: In the past you have written articles concerning the term limits provision added to the Condominium Act. I was wondering if there have been any updates on that issue and how the term limits now apply to current board members? (V.R., via e-mail) A: Since the Legislature originally amended the Florida Condominium Act in
- [“3 Tax Traps for Associations and Managers to Avoid” – Community Association Management Insider](https://beckerlawyers.com/3-tax-traps-for-associations-and-managers-to-avoid-community-association-management-insider/) - Kickbacks might be easy to define, but sometimes in the day-to-day of work transactions, they can be difficult to spot. “It’s generally receiving something of value in exchange for getting a contract or a better deal and pocketing that money or gift,” says Jamie Dokovna, a shareholder in the Florida law firm Becker & Poliakoff who
- [“Cornering Kickbacks: How to Help Your Managers Avoid Them” – Community Association Management Insider](https://beckerlawyers.com/cornering-kickbacks-how-to-help-your-managers-avoid-them-community-association-management-insider/) - Kickbacks might be easy to define, but sometimes in the day-to-day of work transactions, they can be difficult to spot. “It’s generally receiving something of value in exchange for getting a contract or a better deal and pocketing that money or gift,” says Jamie Dokovna, a shareholder in the Florida law firm Becker & Poliakoff who
- [Complaint Letters Must Be Produced](https://beckerlawyers.com/complaint-letters-must-be-produced-news-press/) - Q: I recently sent a letter to the board of my condominium association criticizing the condition of the landscaping at our condominium. I recently found out that the chairperson of the landscaping committee requested a copy of my letter, and the board gave it to her. This feels like a breach of confidentiality. Is the
- [“Don’t Tread on Me”: The Permissibility of the Gadsden Flag in Your Community](https://www.floridacondohoalawblog.com/2020/04/21/dont-tread-on-me-the-permissibility-of-the-gadsden-flag-in-your-community/) - Is flying the Gadsden flag (i.e., the yellow “Don’t Tread on Me” flag with a snake) considered a flag of the United States of America and is it permissible in your community association? It depends. For those not already familiar, the Gadsden flag is a historical American flag named after the American General and politician, Christopher
- [Can Gate Use Be Suspended?](https://beckerlawyers.com/can-gate-use-be-suspended-news-press/) - Q: We live in a gated community. Recently, the board has begun voting at its meetings to suspend the automatic gate access of owners who are delinquent in their assessments. While I support aggressive collection efforts by the association, I am worried that this type of suspension exposes the association to risks. Is a homeowners’
- [More on the Installation of Security Cameras](https://www.floridacondohoalawblog.com/2022/01/28/more-on-the-installation-of-security-cameras/) - The installation of a security camera on condominium common elements is considered a material alteration or substantial addition to the common elements. In Sterling Village Condo., Inc. v. Breitenbach, 251 S.2d 685, 687 (Fla. 4th 1971), the court defined “material alteration or addition” as follows: “... as applied to a building, the term “material alteration
- [Can You Have Rules Dealing With Children?](https://www.floridacondohoalawblog.com/2022/01/28/can-you-have-rules-dealing-with-children/) - In 1988, Congress added “familial status” – defined as including those family groups with children under 18 – to the list of protected groups under the Fair Housing Act. Since that time, condominium and homeowner associations have been discovering that their various rules regulating or prohibiting the use of the association’s facilities by those under
- [Tree Maintenance and the Potential Impact of Section 163.045, Florida Statutes](https://www.floridacondohoalawblog.com/2022/01/28/tree-maintenance-and-the-potential-impact-of-section-163-045-florida-statutes/) - In general, a community association is responsible for operating and maintaining the common areas of the community (in the case of homeowners’ associations), and the common elements (in the case of condominium associations). If there are trees located on these common areas/elements, the association’s maintenance duties will include trimming and even the removal of trees
- [Are Fines for Speeding Legal?](https://beckerlawyers.com/are-fines-for-speeding-legal-naples-daily-news/) - Q: My community has set up various speed monitoring devices along the most travelled road. The board is now fining residents for speeding violations. Is this legal? What is the process for imposing a fine and can these fines result in a lien? D.V.
- [Fireworks Spark HOA Controversy](https://beckerlawyers.com/fireworks-spark-hoa-controversy-news-press/) - Q: While current Florida law permits the use of fireworks 3 days a year, what, if anything, can an HOA do to restrict residents setting off fireworks within their community? In addition to the disruption of neighbors and the effect on many pets, the possibility of fires and projectiles landing on other homes seems like
- [HOA Proxy Elections Permissible](https://beckerlawyers.com/hoa-proxy-elections-permissible-news-press/) - Q: Are owners allowed to use proxies to vote at a meeting in a homeowners’ association and what is required for a proxy? (S.T., via e-mail)
- [Statutes Limit Rental Amendments](https://beckerlawyers.com/statutes-limit-rental-amendments-news-press/) - Q: Recently, my homeowners’ association had the membership vote on amendments to our documents which limit leasing within the community. Previously, our documents did not contain any restrictions on leasing. The amendments state that all leases must be no less than 90 days in duration. I recall that the Florida law does not allow an
- [Changing Tile a Material Alteration?](https://beckerlawyers.com/changing-tile-a-material-alteration-naples-daily-news/) - Q: My condominium is thinking about changing the floors in the entrance area and lobbies from ceramic tile to granite tile. Would changing the flooring tiles be considered a material alteration requiring approval of the members? W.D.
- [In-Law’s Right to Serve on Board Questioned](https://beckerlawyers.com/in-laws-right-to-serve-on-board-questioned-news-press/) - Q: One of our HOA board members does not own the house he lives in, his parents in-law own it. Our documents state you must be a member of the association to serve on the board. He has given management a letter from an attorney, stating he is a trustee of the property. Can anything
- [Unpaid Fines Can Have Consequences](https://beckerlawyers.com/unpaid-fines-can-have-consequences-news-press/) - Q: What happens is I refuse to pay a fine for violating the association’s governing documents? (R.N., via e-mail)
- [Issues to Consider Prior to Installing Security Cameras on the Common Areas – Part I](https://www.floridacondohoalawblog.com/2021/07/23/issues-to-consider-prior-to-installing-security-cameras-on-the-common-areas-part-i/) - Many associations now install security cameras on the common areas to guarantee video evidence of any intentional vandalism or negligent actions ...
- [Webinar: Navigating the Special Assessment Minefield](https://beckerlawyers.com/webinar-navigating-the-special-assessment-minefield/) - Many associations are looking to undertake major renovation and repair projects in 2022 and special assessments will be needed in many cases to fund those projects. Our webinar will answer your questions about the process your board must follow to levy a special assessment, how to structure that special assessment in a manner that addresses
- [Association Usually Responsible for Structural Maintenance](https://beckerlawyers.com/association-usually-responsible-for-structural-maintenance-news-press/) - Q: The foundation under my condominium’s sliding glass door has heaved which prevents me from opening the doors. My condominium manager says that I am responsible for taking out the slider door frame and grinding down the foundation cement. Am I responsible? (P.D., via e-mail)
- [Budget Adoption Deadline?](https://beckerlawyers.com/budget-adoption-deadline-naples-daily-news/) - Q: The manager of my condominium mentioned at a board meeting that there is a new deadline in Florida to adopt the budget. What is this new deadline and what happens if the board blows this deadline? C.S.
- [Are Reserves Still Mandatory for Homeowners’ Associations?](https://www.floridacondohoalawblog.com/2021/11/24/are-reserves-still-mandatory-for-homeowners-associations/) - There were several revisions to Chapter 720, which went into effect July 1, 2021. One of these revisions was to Section 720.303(6)(c) and (d), Florida Statutes. The revisions to this Section now provide, in part: An association is deemed to have provided for reserve accounts upon the affirmative approval of a majority of the total
- [Natural Gas Fuel Stations](https://www.floridacondohoalawblog.com/2021/11/24/natural-gas-fuel-stations/) - A few years ago, the Florida Legislature recognized that the use of electric vehicles conserves and protects the state’s environmental resources, provides significant economic savings to drivers, and serves an important public interest. As a result, the Legislature created Section 718.113(8), Florida Statutes, to allow unit owners to install electric vehicle charging stations within the
- [Security Tips for Managing the Association’s Bank Accounts Online](https://www.floridacondohoalawblog.com/2021/11/24/security-tips-for-managing-the-associations-bank-accounts-online/) - Increasing numbers of people and small businesses, including community associations, have switched to managing their bank accounts exclusively over the internet. Not surprisingly, these numbers surged even higher during the pandemic. While online banking has become common place, so have incidents of cybercrime and fraud. Banks of course use a variety of security measures to
- [Condos and HOAs Follow Different Budgeting Rules](https://beckerlawyers.com/condos-and-hoas-follow-different-budgeting-rules-news-press/) - Q: Our association will be holding its annual budget soon. After receiving the notice for this meeting, I called our association manager to ask how and where I could obtain a copy of the proposed budget. I was told that a copy of the approved budget would only be provided to the members after the
- [Marketable Title Act Explained](https://beckerlawyers.com/marketable-title-act-explained-news-press/) - Q: What vote is required to protect our homeowners’ association documents from MRTA? (Y.G., via e-mail)
- [Law of Nuisance Explained](https://beckerlawyers.com/law-of-nuisance-explained-news-press/) - Q: I live in a townhome. My neighbors recently installed outdoor lighting in their back lanai. Bright lights flood into my home and are becoming a serious annoyance. Can my association request that my neighbors have their lights dimmed or removed to stop this nuisance? (T.S., via e-mail).
- [Community Associations Affected by the 2021 Legislative Session Part XI](https://beckerlawyers.com/community-associations-affected-by-the-2021-legislative-session-part-xi-news-press/) - This week concludes our review of the 2021 legislative changes by reporting on a number of miscellaneous bills that may have indirect applicability to community associations.
- [A Guide to Sending the New Notice of Late Assessment](https://www.floridacondohoalawblog.com/2021/10/29/a-guide-to-sending-the-new-notice-of-late-assessment/) - As of July 1, 2021, associations are required to send delinquent owners a Notice of Late Assessments, giving the owners 30 days to bring the account current prior to turning the account over to the association’s legal counsel for collections. Failure to provide the delinquent owner with this 30-day notice will preclude the association from
- [“Sunshine Laws” for Condominium Associations](https://www.floridacondohoalawblog.com/2021/10/29/sunshine-laws-for-condominium-associations/) - Florida’s Sunshine in the Government Act, (“Sunshine Laws”) requires transparency and disclosure in government and business. Although the Sunshine Laws do not apply to condominium associations, the Florida Condominium Act (“Act”) found in Chapter 718, Florida Statutes, contains its own set of “sunshine” requirements for these communities, with transparency being the key to compliance. Issues
- [Community Association Due Process Rights with Respect to Neighboring Developments](https://www.floridacondohoalawblog.com/2021/10/29/community-association-due-process-rights-with-respect-to-neighboring-developments/) - If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and residents procedural due process, which includes fair notice of the public hearings at which the
- [Do Owner Petitions Require the Board to Act?](https://beckerlawyers.com/do-owner-petitions-require-the-board-to-act-naples-daily-news/) - Q: My condominium is being overrun by commercial vehicles. I am trying to convince my board and fellow owners to change the documents to outlaw them. I got 15 percent of the owners to sign a petition to ban commercial vehicles. I gave the petition to the board but they won’t do anything. Aren’t they
- [Community Associations Affected by the 2021 Legislative Session Part X](https://beckerlawyers.com/community-associations-affected-by-the-2021-legislative-session-part-x-news-press/) - This week continues our review of the 2021 legislative changes affecting Florida community associations focusing on two bills that address COVID-19 pandemic legal issues.
- [Community Associations Affected by the 2021 Legislative Session Part IX](https://beckerlawyers.com/community-associations-affected-by-the-2021-legislative-session-part-ix-news-press/) - This week continues our review of the 2021 legislative changes affecting Florida community associations. Today we will cover Senate Bill 1966, which addresses budget procedures for condominium and cooperative associations, as well as two other bills of interest. These laws took effect July 1, 2021.
- [Episode 26: Can My Employer Require Me to Be Vaccinated? – Can They Do That?](https://beckerlawyers.com/episode-26-can-my-employer-require-me-to-be-vaccinated-can-they-do-that/) - “My employer has said that all employees will be required to get the COVID-19 vaccination, even though the vaccine doesn’t have full FDA approval – Can they do that?” Becker Shareholder Jamie Dokovna discusses in a brand new episode!
- [Community Associations Affected by the 2021 Legislative Session Part VIII](https://beckerlawyers.com/community-associations-affected-by-the-2021-legislative-session-part-viii-news-press/) - This week continues our review of the 2021 legislative changes affecting Florida community associations. Today, we will cover Senate Bill 56, which creates new requirements for association collection notices, and House Bill 463, which relates to swimming pools. Both laws took effect July 1, 2021.
- [What is a “Fining Committee” and Who Can Be on It?](https://www.floridacondohoalawblog.com/2021/10/01/what-is-a-fining-committee-and-who-can-be-on-it/) - Of all enforcement options available to an association for violations of its governing documents, the imposition of fines is one that yields many questions due to the strict procedures required to impose a fine.
- [Absentee Owners and Unoccupied Condominium Units](https://www.floridacondohoalawblog.com/2021/09/28/absentee-owners-and-unoccupied-condominium-units/) - In condominium associations throughout the state, it is common for there to be seasonal unit owners who leave their units unoccupied during portions of the year. For associations faced with periodically unoccupied units in multifamily condominium buildings, there are distinct legal issues worth considering in advance of problems arising. Florida’s Condominium Act (the “Act”) does
- [“Transfer Fee Increase?,” Naples Daily News](https://beckerlawyers.com/transfer-fee-increase-naples-daily-news-2/)
- [Transfer Fee Increase?](https://beckerlawyers.com/transfer-fee-increase-naples-daily-news/) - Q: You previously addressed the $100 cap on the fees associations can charge when a property is sold. I heard there was a change to this statute. Can you provide an update? J.B.
- [Community Associations Affected by the 2021 Legislative Session Part VII](https://beckerlawyers.com/community-associations-affected-by-the-2021-legislative-session-part-vii-news-press/) - This week continues our review of the 2021 legislative changes, continuing the discussion of the amendments in Senate Bill 630 to Chapter 720 of the Florida Statutes, the Florida Homeowners’ Association Act. These changes took effect July 1, 2021.
- [Community Associations Affected by the 2021 Legislative Session Part VI](https://beckerlawyers.com/community-associations-affected-by-the-2021-legislative-session-part-vi-news-press/) - This week continues our review of 2021 legislative changes to Florida’s community association statutes. Today will continue the discussion of Senate Bill 630 and its amendments to the Florida Homeowners’ Association Act. These changes took effect July 1, 2021.
- [Community Associations Affected by the 2021 Legislative Session Part V](https://beckerlawyers.com/community-associations-affected-by-the-2021-legislative-session-part-v-news-press/) - This week continues our review of the 2021 legislative changes, continuing the discussion of Senate Bill 630, which took effect July 1, 2021. Last week we concluded our review of the changes to Chapter 718, the Condominium Act and started the review of changes to Chapter 719, the Cooperative Act.
- [Governor Ends COVID-19 State of Emergency – Opportunity to Extend Certain Permits Remains](https://beckerlawyers.com/governor-ends-covid-19-state-of-emergency-opportunity-to-extend-certain-permits-remains/) - Florida Governor DeSantis recently allowed Executive Order No. 20-52, which originally declared a State of Emergency for the entire State on March 9, 2020 in response to confirmed COVID-19 cases in Florida, to expire after eight (8) extensions¹.
- [Community Associations Affected by the 2021 Legislative Session Part IV](https://beckerlawyers.com/community-associations-affected-by-the-2021-legislative-session-part-iv-news-press/) - This week continues our annual review of 2021 legislative changes, continuing the discussion of Senate Bill 630, which took effect July 1, 2021.
- [My Association is Responsible for What?!? The Good, Bad, and Ugly of Contractual Indemnity](https://www.floridacondohoalawblog.com/2021/08/30/my-association-is-responsible-for-what-the-good-bad-and-ugly-of-contractual-indemnity/) - “Indemnity” is a legal term of art which stands for the right of a party to claim reimbursement for its loss, damage, or liability from another party who has such a duty. Ordinarily, the duty to indemnify arises through express contractual agreement. The 2014 adoption of section 468.4334, Florida Statutes, has brought a spotlight to
- [What Associations Need to Know About Homestead](https://www.floridacondohoalawblog.com/2021/08/27/what-associations-need-to-know-about-homestead/) - Article X, Section 4 of Florida’s Constitution protects homestead property from many kinds of forced sales. However, since foreclosures of homestead properties for unpaid association assessment debts and for unpaid mortgage debts occur routinely, it is easy to see how many homeowners’ associations and condominium associations are lulled into thinking that constitutional homestead property protections
- [“Caring for the Financial Well-being of the Association,” FLCAJ Magazine](https://beckerlawyers.com/caring-for-the-financial-well-being-of-the-association-flcaj-magazine/) - To ensure the financial well-being of the association, boards and managers should focus on at least four factors in the association: budget, reserves, insurance, and collection practices. This article will take a brief look at each of these, but this is not a finite list. It is recommended that you consult with your association attorney
- [Can Remote Meetings Be Held Now That the State of Emergency Has Expired?](https://www.floridacondohoalawblog.com/2021/08/27/can-remote-meetings-be-held-now-that-the-state-of-emergency-has-expired/) - The “state of emergency” that had been imposed by Governor DeSantis in light of the COVID-19 pandemic expired on June 26, 2021. As a result, the “emergency powers” given to condominium, cooperatives, and homeowners’ associations in Sections 718.1265, 719.128, and 720.316, Florida Statutes, respectively, are no longer in effect. The emergency powers that were in
- [Architectural Committees Cannot Vote by E-mail](https://www.floridacondohoalawblog.com/2018/06/24/architectural-committees-cannot-vote-by-e-mail/) - Q: I read your recent column stating that e-mail is no longer allowed as a way for HOA board members to vote. Our architectural review committee meets once a month to review and approve applications, but there are often “emergency” situations that arise where owners want approval between the monthly meetings. In these limited situations,
- [Becker Awards CFCAM Scholarships](https://beckerlawyers.com/becker-awards-cfcam-scholarships/) - Congratulations to Becker CFCAM Scholarship winners Tiffany Jackson of St. Petersburg and Deborah Carroll of Orlando, pictured respectively. The Becker CFCAM (Certified Florida Community Association Manager) Scholarship is awarded to CAMs who have attained the highest level of Florida-specific professional training and includes all tuition, certification costs, and FCAP membership for one year.
- [CALL COVID-19 Survey](https://www.floridacondohoalawblog.com/2020/07/29/call-covid-19-survey/) - Ever wonder what other communities are really doing when it comes to navigating the COVID-19 crisis that rages on in Florida? Questions like, “which amenities were closed and when?” and “how many communities had active infections and how did they respond?” Do you know what the real risks associated with operating a community association in the age of COVID-19 are and if those risks are geographically different?
- [Official Records Inspections by a Renter?](https://beckerlawyers.com/official-records-inspections-by-a-renter-naples-daily-news/) - Q: I manage a high-rise condominium. I recently received a request from a renter to inspect certain association’s official records, including all the condominium documents. Am I required to provide this renter with access to all the requested official records? J.H. A: The answer to your question changed recently due to the adoption of new
- [Community Associations Affected by the 2021 Legislative Session Part III](https://beckerlawyers.com/community-associations-affected-by-the-2021-legislative-session-part-iii-news-press/) - This week we shall continue our annual review of the legislative changes which affect community associations, and continue with the main bill, Senate Bill 630, which took effect July 1, 2021. For the first two parts of the series, see Community Associations Affected by the 2021 Legislative Session, published on August 1, 2021, and August
- [Community Associations Affected by the 2021 Legislative Session Part II](https://beckerlawyers.com/community-associations-affected-by-the-2021-legislative-session-part-ii-news-press/) - This week continues our annual review of the legislative changes which affect community associations, and continue with the main bill, Senate Bill 630, which took effect July 1, 2021. For the first edition, see Community Associations Affected by the 2021 Legislative Session, published on August 1, 2021. Transfer Approval Fees Section 718.112(2)(d)3 of the Condominium
- [Community Associations Affected by the 2021 Legislative Session](https://beckerlawyers.com/community-associations-affected-by-the-2021-legislative-session-news-press/) - Beginning this week, this column will begin its yearly review of legislative changes affecting community associations. Today, we will start with the main bill, Senate Bill 630, which became effective July 1, 2021. Section 627.714(4), Florida Statutes: Insurance Subrogation The new law provides that if a condominium association’s insurance policy does not provide rights for
- [Can Owners Stop the Turnover of a Homeowners’ Association?](https://www.floridacondohoalawblog.com/2021/07/23/can-owners-stop-the-turnover-of-a-homeowners-association/) - In a newly developed community, transitioning control of the association from the developer to the owners is often an anxiously anticipated ...
- [Bankruptcy Basics for Community Associations](https://www.floridacondohoalawblog.com/2021/07/23/bankruptcy-basics-for-community-associations/) - Associations generate nearly all of their funding through fees and special assessments paid by members of the shared ownership community. Some members...
- [Director Term Limit Law Development](https://www.floridacondohoalawblog.com/2021/07/19/director-term-limit-law-development-naples-daily-news/) - Q: Have there been any developments regarding the term limit law for condominium directors? In prior columns you mentioned that there was some confusion as to when it will impact existing director terms. H.H. A: Yes, there is a recent development regarding this issue. Condominium association term limits were first added to the statutes in 2018
- [Maintenance of Structure Usually Association Responsibility](https://www.floridacondohoalawblog.com/2021/07/19/maintenance-of-structure-usually-association-responsibility/) - Q: The foundation under my condominium’s sliding glass door has heaved which prevents me from opening the doors. My condominium manager says that I am responsible for taking out the slider door frame and grinding down the foundation cement. Am I responsible? (P.D., via e-mail)
- [Playing for Keeps – What Rights & Authority Is an HOA Developer (or Successor Developer) Allowed to Keep after Turnover?](https://www.floridacondohoalawblog.com/2021/07/01/playing-for-keeps-what-rights-authority-is-an-hoa-developer-or-successor-developer-allowed-to-keep-after-turnover/) - For many Homeowners’ Association (“HOA”) owners and board members, the words “turnover” and “transition” are two of the most anxiously anticipated yet mysterious terms in community association lingo. Often used interchangeably, the phrases generally refer to the period of time (or “triggering event”) in the development of the community at which the developer is required,
- [Donna DiMaggio Berger Addresses Service Animal/ESA Challenge for Community Associations](https://www.floridacondohoalawblog.com/2021/07/13/donna-dimaggio-berger-addresses-service-animal-esa-challenge-for-community-associations/) - Ensuring that a shared ownership community welcomes legitimate service animals and emotional support animals (ESAs) while protecting the group from fraudulent claims is one of the most complex issues facing volunteer boards today. Becker shareholder and executive director of the Community Association Legislative Lobby Donna DiMaggio Berger joins Sandra Gottlieb of Swedelson Gottlieb and Melissa
- [Special Taxing Districts Explained](https://www.floridacondohoalawblog.com/2021/07/12/special-taxing-districts-explained/) - Q: What is an “MSTU”? My neighborhood association, which is voluntary, is considering getting one set up to maintain our roads. (P.K., via e-mail)
- [Fining Procedure Details Explored](https://www.floridacondohoalawblog.com/2021/07/05/fining-procedure-details-explored/) - Q: Fining for violations has always been confusing to me, since most fines are cumulative or compounding for each day the violation is not corrected. Should the due date be following correction of the violation or whatever date the fine ceases? (R.N., via e-mail).
- [Leasing Restrictions - Be Sure You Can Do What You Think You Can Do](https://www.floridacondohoalawblog.com/2021/07/01/leasing-restrictions-be-sure-you-can-do-what-you-think-you-can-do/) - For over a year, it would appear from the outside that the only issue Florida community associations have been dealing with is the pandemic. Those of us who work with, live in, or manage condominiums know this is not the case. However, it did seem that COVID-19 issues superseded all other issues for some time.
- [Owner’s Pot-Bellied Pig Leads To Unusual Discrimination Lawsuit](https://www.floridacondohoalawblog.com/2021/06/29/owners-pot-bellied-pig-leads-to-unusual-discrimination-lawsuit/) - An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly worded restrictions can backfire.
- [Is That Contractor Really an Employee?](https://www.floridacondohoalawblog.com/2021/06/29/is-that-contractor-really-an-employee/) - The misclassification of an employee as an independent contractor can prove costly for employers — including both community associations and managers. So it was good news when the Trump administration finalized a rule that loosened the test for determining whether a worker is an employee or an independent contractor.
- [How to Handle Unexpected and Dangerous Situations](https://www.floridacondohoalawblog.com/2021/06/02/how-to-handle-unexpected-and-dangerous-situations/) - Florida associations are accustomed to preparing for hurricanes, but disaster plans should also account for other catastrophic events where there is often less advance warning, such as tornadoes, active shooter scenarios, and now global pandemics.
- [New Law Lays Term Limit Debate to Rest](https://www.floridacondohoalawblog.com/2021/06/07/new-law-lays-term-limit-debate-to-rest/) - Q: Is there a legal opinion on the impact of a condominium association’s board term limits due to the emergency declarations and emergency powers granted to association boards? (D.S., via e-mail)
- [Is Your HOA Gate Opening To Increased Liability?](https://www.floridacondohoalawblog.com/2021/06/10/is-your-hoa-gate-opening-to-increased-liability-2/) - When a community has an entrance gate, it is almost inevitable that the association will at some point deal with the issue of whether it is responsible for damage to a vehicle which occurred when someone was entering or exiting the gate. The primary question to resolve in assessing liability in such a circumstance is
- [The Membership Poll – The Pros, Cons & Confusion of Taking Membership Surveys](https://www.floridacondohoalawblog.com/2021/06/10/the-membership-poll-the-pros-cons-confusion-of-taking-membership-surveys/) - The line between what an association’s board can legally do as a matter of law and what the board should do as a matter of good practice and policy is often blurred without any practical guidance available for well-intentioned directors who want to do the very best they can for their community based upon very often limited information available
- [Difference Between HOA and CDD Explained](https://www.floridacondohoalawblog.com/2021/06/14/difference-between-hoa-and-cdd-explained/) - Q: What is the difference between a CDD and an HOA? (R.B., via e-mail)
- [Lee County Wants to Help Speed Up Hurricane Cleanup](https://www.floridacondohoalawblog.com/2021/06/21/lee-county-wants-to-help-speed-up-hurricane-cleanup/) - Q: As a popular columnist for Condominium and HOA residents, can you assist Lee County in providing information for hurricane season 2021? (Betsy Clayton, Lee County Government)
- [Community Association Q&A: Can An HOA Director Be Recalled?](https://www.floridacondohoalawblog.com/2021/06/22/community-association-qa-can-an-hoa-director-be-recalled/) - Q: One of the directors on the board at my homeowners’ association needs to be removed. He is very belligerent to his fellow directors and other owners. He also rarely attends meetings and never contributes. What needs to happen under Florida law to get him off the board? C.S.
- [The Ins & Outs of Preparing a Condominium Association Budget](https://www.floridacondohoalawblog.com/2021/06/02/the-ins-outs-of-preparing-a-condominium-association-budget/) - In many ways, the managing and operating of a condominium association is akin to operating a business. A primary similarity is the importance of careful and accurate financial planning and budget preparation. The board of directors of an association has fiduciary duties to its members. By paying close attention to the legal and technical requirements
- [Becker Uncovers Collusion Between Florida OIR & Citizens Insurance](https://www.floridacondohoalawblog.com/2021/06/01/becker-uncovers-collusion-between-florida-oir-citizens-insurance/) - Citizens Property Insurance allegedly overcharged Florida condominium association policyholders for years, according to the Fort Lauderdale, FL., law firm Becker. The firm also accuses the Florida Office of Insurance Regulations (OIR) of partaking in secret communications with the insurer, which resulted in a consent order being issued without a trial or considering the legality of
- [Addressing “Exploding” Frustrations Related to Fireworks Under New Law](https://www.floridacondohoalawblog.com/2021/05/27/addressing-exploding-frustrations-related-to-fireworks-under-new-law/) - Section 791.08, Florida Statutes, took effect on April 8, 2020 and has several implications for Florida homeowners’ associations.
- [Should an Association Allow Its Clubhouse, or Other Common Area, to Be Used for Gambling?](https://www.floridacondohoalawblog.com/2021/05/27/should-an-association-allow-its-clubhouse-or-other-common-area-to-be-used-for-gambling/) - While there are certain exceptions, generally, any game of chance is considered gambling. Section 849.08, Florida Statutes, defines gambling as follows...
- [Owner Feels Locked Out from Information](https://www.floridacondohoalawblog.com/2021/05/24/owner-feels-locked-out-from-information/) - Q: I live in Canada and own a condominium unit in Florida. I cannot travel yet to go back to Florida and my condominium board president has blocked me from sending him e-mails. What are my rights to get information about finances, planned maintenance, and minutes of meetings? (J.C., via e-mail)
- [Community Association Q&A: Can We Hold a Special Election?](https://www.floridacondohoalawblog.com/2021/05/18/community-association-qa-can-we-hold-a-special-election/) - Q: A director on my condominium association board resigned. The remaining directors can’t agree on who should fill the vacancy. Can we hold a special election and let the owners decide? T.B.
- [Rollover of Excess Funds Normal](https://www.floridacondohoalawblog.com/2021/05/10/rollover-of-excess-funds-normal/) - Q: If there is an excess in monies collected from the annual budget, must the excess be returned to owners, or can it be used to reduce maintenance fees for next year? (E.O., via e-mail)
- [Becoming “55 and Over Condo” Requires Several Steps](https://www.floridacondohoalawblog.com/2021/05/17/becoming-55-and-over-condo-requires-several-steps/) - Q: Our condominium association is considering converting into a “55 and older” community. Is it true that 80% of our units must vote “yes” to effectuate this change? (D.J., via e-mail)
- [Hurricane Shutter Policies Raise Questions](https://www.floridacondohoalawblog.com/2021/05/03/hurricane-shutter-policies-raise-questions/) - Q: Can hurricane shutters remain closed when a home is unoccupied throughout the summer, even when there is not an active threat of a storm? (D.F., via e-mail)
- [Governor Signs COVID-19 Immunity Bill](https://www.floridacondohoalawblog.com/2021/04/26/governor-signs-covid-19-immunity-bill/) - Most readers of this column know that each year, over the summer, we typically review the year’s legislative applicable to community associations. While I will do so, and there is some significant legislation that appears poised to pass, a recently enacted law dealing with COVID-19 liability is worthy of discussion now.
- [Community Association Q&A: Are Videos Official Records?](https://www.floridacondohoalawblog.com/2021/04/21/community-association-qa-are-videos-official-records/) - Q: My condominium association has installed several security cameras in the common areas, including the pool area. There was an incident between myself and another owner last week at the pool and I requested a copy of the security camera video footage. I submitted my request to the manager in writing, but the manager has
- [HOA Election Procedures Explained](https://www.floridacondohoalawblog.com/2021/04/19/hoa-election-procedures-explained/) - Q: What is the accepted practice that my homeowners’ association should follow for opening and counting secret ballots used to elect the board? (J.D., via e-mail)
- [Condominium Association Elections – The Who, What, When, & Where](https://www.floridacondohoalawblog.com/2021/04/07/condominium-association-elections-the-who-what-when-where/) - Your condominium association elections for your Board of Directors are governed by the Florida Condominium Act (Chapter 718 of the Florida Statutes), and Rule 61B-23.0021 of the Florida Administrative Code. Your association governing documents may also contain requirements for your election. Generally, these requirements are contained in the association’s By-Laws. With this in mind, there
- [Homeowner Association Confusion & Frequently Asked Questions](https://www.floridacondohoalawblog.com/2021/04/08/homeowner-association-confusion-frequently-asked-questions/) - Although the term community association encompasses different types of community associations, in Florida, the two predominant forms of community associations are homeowners associations and condominium associations. There are vast differences but also numerous similarities between the two. Unfortunately, this can cause confusion when owners, directors, and/or managers assume the two are the same. Simply put,
- [Board Workshop Meeting Subject to Sunshine Rule](https://www.floridacondohoalawblog.com/2021/04/12/board-workshop-meeting-subject-to-sunshine-rule/) - Q: What are the requirements for a condominium association board to hold a “workshop” meeting? Is the association still required to post notice if there is a quorum of the directors present? What if there is not a quorum present? Are minutes required? (M.M., via e-mail)
- [Delinquent Owners Can’t Serve on Board](https://www.floridacondohoalawblog.com/2021/04/07/delinquent-owners-cant-serve-on-board/) - Q: Our condominium association’s bylaws provide that for an owner to be qualified to serve on the board, he or she cannot be delinquent more than 30 days. Our manager says the state statute says 90 days and supersedes our bylaws. Do our bylaws or the statute control? (R.G., via e-mail)
- [Condominium Unit Combination Raises Concerns](https://www.floridacondohoalawblog.com/2021/03/29/condominium-unit-combination-raises-concerns/) - Q: The board of directors for my condominium association recently approved allowing an owner to remove the wall separating two adjacent units and to reconfigure the two units into one. Doesn’t this change the number of units in the condominium, thus, affecting everyone’s rights including what percentage of assessments we pay? (G.F., via e-mail)
- [Community Association Q&A: Improper Closed Board Meeting?](https://www.floridacondohoalawblog.com/2021/03/24/community-association-qa-improper-closed-board-meeting/) - Q: My entire condominium board met in a closed session to conduct an annual review for the employees? I requested the right to attend these reviews as I wanted to speak favorably on behalf of one of the employees. My request was denied. Did I have the legal right to attend? D.T.
- [Elections Have Consequences](https://www.floridacondohoalawblog.com/2021/03/24/elections-have-consequences/) - Your community association is something of a small sub-democracy. In many respects, it runs in a similar manner to representative governments.
- [Why Community Associations Should Check Their Zoning and Entitlement History](https://www.floridacondohoalawblog.com/2021/03/23/why-community-associations-should-check-their-zoning-and-entitlement-history-2/) - Zoning laws are enacted by villages, towns, cities, or counties to control the types of uses and the parking ratio, intensity, density, and dimensions of those uses. This is for the purpose of preserving property values, managing growth, preserving the character of a community This facilitates the adequate provision of transportation, and promotes public health and welfare.
- [Lowest Bidder Need Not Be Hired](https://www.floridacondohoalawblog.com/2021/03/22/lowest-bidder-need-not-be-hired/) - Q: My homeowners’ association recently put out bids for repaving of our roads and hired the lowest bidder. Is this legal? (J.M., via e-mail)
- [Single Director Can’t Set Agenda](https://www.floridacondohoalawblog.com/2021/03/15/single-director-cant-set-agenda/) - Q: Can any board member place items on the meeting agenda? (C.B., via e-mail) A: This is one of those “chicken and egg” issues that has no clear answer. The statutes do not address it. Very few bylaws I have read address the issue. The bylaws I draft for clients typically allow a set number
- [Owner Social Media Page Raises Questions](https://www.floridacondohoalawblog.com/2021/03/08/owner-social-media-page-raises-questions/) - Q: Our homeowners’ association has a new board that is currently working on the transition from the builder. Residents have become quite vocal, and complaints are numerous about general association matters and other residents. A resident set up a social page open to members of the community, which has become predominantly a method for complaints
- [Weighing the Costs: Common Sense/‘Cents’ COVID-19 Measures for Community Associations Reopening Common Elements and Common Facilities](https://www.floridacondohoalawblog.com/2021/03/02/weighing-the-costs-common-sense-cents-covid-19-measures-for-community-associations-reopening-common-elements-and-common-facilities-fcap-managers-report/) - One full year into the COVID-19 pandemic and people have really started to appreciate (or abhor) their neighbors. The extra time at home or stuck in one’s condominium unit has caused an increased sense of awareness and, in some cases, aggravation regarding the comings and goings and habits of our neighbors. Many community associations, and
- [Association Cannot Edit Candidate Resumes](https://www.floridacondohoalawblog.com/2021/03/01/association-cannot-edit-candidate-resumes/)
- [Does a Community Association Board President Have Executive Action Authority or Unilateral Powers?](https://www.floridacondohoalawblog.com/2021/02/26/does-a-community-association-board-president-have-executive-action-authority-or-unilateral-powers/) - Community associations are not administered by a single director or officer of the board, instead, the affairs of such associations are administered by its board. The articles of incorporation and/or bylaws of an association most often specify the required minimum number of board members. In the condominium context, the Florida Condominium Act provides that in the absence of such specification, the board of administration must be composed of five members (or three members in condominiums with five or fewer units).
- [Amending Governing Documents Part II – How?](https://www.floridacondohoalawblog.com/2021/02/26/amending-governing-documents-part-ii-how/) - In Part I of this two-part series, we discussed the importance of amending governing documents. Part II discusses tips on how a board of directors can put itself in the best position to have the proposed amendments approved by the membership.START EARLY:Work with the association’s counsel to craft the language appropriate for the amendments well before you plan to present it to the membership formally.
- [The Membership Poll – The Pros, Cons and Confusion](https://www.floridacondohoalawblog.com/2021/01/28/the-membership-poll-the-pros-cons-and-confusion-of-taking-a-membership-survey-when-a-membership-vote-is-not-required/) - The line between what an association’s board can legally do as a matter of law and what the board should do as a matter of good practice is often blurred without any practical guidance available for well-intentioned directors who want to do the very best they can for their community based upon very often limited information available prior to taking a vote.
- [New Laws Regarding Emotional Support Animals](https://www.floridacondohoalawblog.com/2021/02/03/new-laws-regarding-emotional-support-animals/) - Other than political debate, perhaps nothing else evokes more of an “emotional” response than the issue of emotional support animals in a no pet community. While this is not a new issue, and has been discussed many times in this forum and others, new laws in Florida may affect how your community may handle a
- [Florida House Moves Forward With Legislation to Preempt Local Governments From Regulating Vacation Rentals](https://www.floridacondohoalawblog.com/2021/02/11/florida-house-moves-forward-with-legislation-to-preempt-local-governments-from-regulating-vacation-rentals/) - Vote of the Regulatory Reform Subcommittee Fell Mostly Along Party Lines As our many local government clients know, the Becker Team has been intimately involved in lobbying against the many attempts to limit their ability to manage the vacation rental crisis. The issue continues to severely impact cities of all sizes. We continue to be
- [Hotel Condominium Units – What Are You Buying?](https://www.floridacondohoalawblog.com/2021/02/15/hotel-condominium-units-what-are-you-buying/) - When teaching contract law to my undergraduate students at Florida International University, I always begin with a question: “How many of you sign a contract without reading it?” A simple question and one would think that everyone reads before they sign. But no. Mostly everyone signs without reading, whether a credit card agreement, apartment lease,
- [IN THE MEDIA: Jennifer Horan](https://www.floridacondohoalawblog.com/2021/02/22/in-the-media-jennifer-horan/) - Jennifer Horan has spent over twelve years addressing and resolving a myriad of issues facing community, condo, and homeowners’ associations. Below is a collection of her insights regarding association board roles and responsibilities, managing disputes, COVID-19 health and safety protocols and enforcement, and more.
- [Access to Minutes, Violation Letters?](https://www.floridacondohoalawblog.com/2021/02/23/community-association-qa-access-to-minutes-violation-letters-naples-daily-news/) - Q: There are numerous parking violations and pet violations occurring in my condominium community. I don’t believe the board and manager are taking proper enforcement actions. Are owners entitled to review board meeting minutes to see what, if anything, is being done to address these ongoing violations? Am I entitled to copies of any demand
- [Association Voting During the Pandemic, What Can We Do?](https://www.floridacondohoalawblog.com/2021/02/04/association-voting-during-the-pandemic-what-can-we-do/) - Although the advent of vaccines signals the end of COVID-19, the pandemic remains a fixture in our landscape and undoubtedly will for some time to come. As Southwest Florida community associations typically have most of their meetings during the “season,” this presents recurrent questions about the applicable laws and “sunshine rules,” especially regarding “remote participation.”
- [Common Elements Cannot Be “Colonized"](https://www.floridacondohoalawblog.com/2021/02/08/common-elements-cannot-be-colonized/) - Q: Can the board of a condominium association allow unit owners of certain buildings to fence in areas that are defined as common areas per our declaration and plats? Once fenced, the areas would be exclusive to the respective unit owners, and not all buildings. Therefore not all members would be able to use the
- [E-Mail Inspection Rights Questioned](https://www.floridacondohoalawblog.com/2021/02/22/e-mail-inspection-rights-questioned/) - Q: A member of our homeowners’ association board shared a few e-mails that were sent between board members. In these e-mails, the board members discussed association business, individual homeowners, and how they planned to handle certain decisions. Are these e-mails considered public information? What is the best way for homeowners to obtain these e-mails? (T.K.,
- [Authority of Board President Questioned](https://www.floridacondohoalawblog.com/2021/02/15/authority-of-board-president-questioned/) - Q: An issue has come up in my condominium association regarding the role of the association president. Some members, including the current president, feel that the president of the association has the authority to take any action on behalf of the association without the consent of the rest of the board. Is this correct? (M.U.,
- [Projects in Mind for the New Year?](https://www.floridacondohoalawblog.com/2021/02/12/projects-in-mind-for-the-new-year/) - For many, 2020 felt like it was a giant pause button in an otherwise whirlwind of activity. Due to health and safety concerns related to COVID-19, many planned repairs and/or replacement projects were postponed. As the new year starts off, communities may begin to look at starting these projects anew. If your community is one of these, it’s a good time to review important considerations when dealing with repair, maintenance, and renovation projects.
- [Hiding in Plain Sight: What Are “Discriminatory Covenants” and Does Your Association’s Governing Documents Contain Them?](https://www.floridacondohoalawblog.com/2020/10/29/hiding-in-plain-sight-what-are-discriminatory-covenants-and-does-your-associations-governing-documents-contain-them/) - One of the last few bills to be approved by Governor DeSantis at the end of this year’s legislative session was Senate Bill No. 374 which became law on September 4, 2020. The new law defines and prohibits “discriminatory restrictions” from any title transaction recorded in the State of Florida and creates section 712.065, Florida Statutes, in the Marketable Record Title Act (Chapter 712, Florida Statutes).
- [Phony Parking Violation Letters in Condominiums](https://www.floridacondohoalawblog.com/2020/09/29/phony-parking-violation-letters-in-condominiums/) - Condominium living has its advantages and challenges – one such challenge is often parking. Today, people move into these communities with several vehicles in tow and in condominiums, there is limited space in the parking garages and parking areas for unit owners and their guests.
- [Police Cruisers May Park In Neighborhood](https://www.floridacondohoalawblog.com/2021/02/01/police-cruisers-may-park-in-neighborhood/) - Q: My homeowners’ association has a rule that prohibits commercial vehicles from being parked in the driveways. A question came up as to whether this rule would apply to a police cruiser that is driven by one of our owners who is a law enforcement officer. The board stated that the police cruiser was allowed regardless of the rule. While I have no objection to the police cruiser, I am worried that this creates a precedent that would allow true commercial vehicles to be parked in our community. Should the police cruiser be permitted? (J.M., via e-mail)
- [Here We Go Again: Developer-Friendly Politicians Once Again Try to Tinker with Consumer Protection Legislation](https://www.floridacondohoalawblog.com/2021/01/28/here-we-go-again-developer-friendly-politicians-once-again-try-to-tinker-with-consumer-protection-legislation/) - Chapter 558, Florida Statutes and Section 553.84, Florida Statutes are consumer-friendly statutes drafted and signed into law years ago to protect Florida homeowners, HOAs, and condominiums, provide for the resolution of construction defect claims, and promote the settlement of claims without resorting to litigation. Bills filed recently by Florida politicians would severely hamper the protections provided to consumers by these statutes.
- [An Association’s Response to those Persons Who May Need Some Additional Care in Living](https://www.floridacondohoalawblog.com/2021/01/28/an-associations-response-to-those-persons-who-may-need-some-additional-care-in-living/) - Some older individuals choose to live out their final years in their personal residences alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience certain mental health issues that make them unable to adequately care for themselves. Associations are often at a loss with how to assist these individuals. Plus, associations are not healthcare or mental health providers, so they are not equipped to address such matters. Instead, associations will need to request help from family, friends, or governmental entities.
- [Amending Governing Documents - Part 1 - Why?](https://www.floridacondohoalawblog.com/2021/01/28/amending-governing-documents-part-1-why/) - This article is Part I of a two-part series on the vital subject of amending community association governing documents. This article will focus on the common reasons why a community association should consider amending its governing documents. Part II will focus on how to amend governing documents. There are three common reasons why associations should consider amending their governing documents: (1) the language was drafted by the developer; (2) ambiguity; and (3) the current language is not consistent with current state or federal laws. 
- [Alligator Signs Questioned](https://www.floridacondohoalawblog.com/2021/01/25/alligator-signs-questioned/) - Q: Are “beware of alligator” signs legally required in Florida? (B.K, via e-mail)
- [How Community Associations Can Handle the Continuing Popularity of Short-Term Rentals](https://www.floridacondohoalawblog.com/2021/01/05/how-community-associations-can-handle-the-continuing-popularity-of-short-term-rentals/) - Despite a year that has drastically curtailed traveling due to the global COVID-19 pandemic, the popularity of online vacation and short-term rental platforms, such as Airbnb and others, has persisted as people have sought escapes to private homes instead of hotels and to upgrade their work-from-home routines to somewhere with a view.
- [Reflections On The Lasting Effects Of The COVID-19 Pandemic](https://www.floridacondohoalawblog.com/2021/01/06/reflections-on-the-lasting-effects-of-the-covid-19-pandemic/) - No one has a crystal ball to look into the future, but some things are more likely than others. The many media references to the “2020 Bingo Card,”
- [Association Movie Night Raises Copyright Questions](https://www.floridacondohoalawblog.com/2021/01/11/association-movie-night-raises-copyright-questions/) - Q: Our social committee wants to start a “movie night” that is open to all of our residents. Would this violate copyright laws? (C.S., via e-mail)
- [LAWYER UP!](https://www.floridacondohoalawblog.com/2021/01/12/lawyer-up/) - Some boards only engage legal counsel when a situation has become dire. Others are overly cautious and all the attorney at the drop of a hat, but unusually high legal bills often lead to membership scrutiny.
- [Does Sunshine Law Apply to Smaller Boards?](https://www.floridacondohoalawblog.com/2021/01/20/does-sunshine-law-apply-to-smaller-boards/) - Q: Please explain the “sunshine law” as it pertains to a three-member condominium board as compared to a five-member board. It seems that two directors discussing association business on a five-member board does not constitute a quorum, whereas two directors on a three-member board would. It seems that a smaller, three-member board is punished since
- [Statute of Limitations Can Prevent Enforcement](https://www.floridacondohoalawblog.com/2021/01/19/statute-of-limitations-can-prevent-enforcement/) - Q: Our community was built in 1982. Many homeowners have had screen patios for 38 years. The board now wants the screens removed and if a homeowner does not remove it, the board will, and it will send the bill. Can an HOA do this now after 38 years? (A.W., via e-mail)
- [Candidate Statements Permitted in Board Elections](https://www.floridacondohoalawblog.com/2021/01/04/candidate-statements-permitted-in-board-elections/) - Q: Is it permissible for a candidate for the board to include personal information about himself or herself in the official ballot mailing sent by our condominium association? Does the board have the right to edit these or withhold inflammatory comments? (S.M., via e-mail)
- [Fine Amounts Set by Statute](https://beckerlawyers.com/fine-amounts-set-by-statute-news-press/) - Q: My association is threatening to fine me $100.00 per day for not following their mask rules. Is there a law that allows associations to fine $100.00 per day? (J.G., via e-mail)
- [Amendment Voting Percentages Cause Confusion](https://beckerlawyers.com/amendment-voting-percentages-cause-confusion-news-press/) - Q: Our declaration of condominium requires “two-thirds vote, by proxy or in person,” to approve an amendment. For example, if only 20% of members participate in a meeting, this would enable passage if 12% of the membership at a meeting to approve. Is this correct?
- [Does My Association Include Fully Funded Reserves in Its Proposed Budget?](https://www.floridacondohoalawblog.com/2020/07/23/does-my-association-include-fully-funded-reserves-in-its-proposed-budget/) - With the budget season approaching, many condominium associations may wonder how to prepare a budget when it’s anticipated that members will vote to waive or partially fund reserves. The board must create a proposed annual budget that includes estimated revenues and expenses.
- [An Association’s Response to Owners Requiring Additional Care](https://beckerlawyers.com/an-associations-response-to-owners-requiring-additional-care/) - Some older individuals choose to live out their final years in their personal residences, alone, rather than in nursing homes or assisted-living facilities. Additionally, there are times that other individuals may experience certain mental health issues that make them unable to adequately care for themselves. Associations are often at a loss with how to assist these individuals.
- [What to Do When a Vendor Damages Association Property](https://www.floridacondohoalawblog.com/2020/08/26/what-to-do-when-a-vendor-damages-association-property/) - Service providers often cause property damage in community associations. Imagine a furniture delivery driver in a rush to make his next appointment, clipping your community’s security gate and taking a portion of it down the road, or a garbage truck leaking hydraulic fluid on your community roadways, leaving permanent stains. What should your association do
- [The Association’s Strong Hand for the Removal of Non-Approved Structures](https://www.floridacondohoalawblog.com/2020/09/02/the-associations-strong-hand-for-the-removal-of-non-approved-structures/) - Enforcing HOA restrictions can be a formidable task, implicating myriad overlapping declaration provisions, association rules, and Florida law. And going to court to get injunctive relief – a court order requiring an owner to comply – can seem even more daunting.
- [Use of Easements Limited by Intent](https://beckerlawyers.com/use-of-easements-limited-by-intent-news-press/) - Q: My homeowners’ association has maintenance access easements over certain areas across the lots adjacent to a pond. Does this mean that all homeowners’ association owners/members are allowed to walk over these access easements to access the pond? (D.P., via e-mail)
- [Can Pool Remain Closed?](https://www.floridacondohoalawblog.com/2020/04/20/can-pool-remain-closed/) - Q: My condominium association board voted to close the swimming pool in late March due to the COVID-19 threat. A few days later Governor DeSantis signed the “Stay at Home” Order and specifically defined “swimming” as an essential activity. Does this mean that my condominium’s swimming pool closure is overturned by the Governor’s Order? R.W.
- [Transition Committee and Construction Defect Claims](https://www.floridacondohoalawblog.com/2020/06/22/transition-committee-and-construction-defect-claims/) - Q: My new condominium will soon be turning over from the developer. I am a unit owner and have been selected to serve on the transition committee, which has been primarily tasked with determining whether the developer has any obligation to make building repairs, etc. What are some things the transition committee should be thinking about as the turnover date approaches in a few weeks? K.M.
- [Update on Emotional Support Animal Legislation](https://www.floridacondohoalawblog.com/2020/07/20/update-on-emotional-support-animal-legislation/) - Q: In a recent column you said a new law passed about “emotional support animals,” which is supposed to cut down on bogus requests. When does this law take effect and what are the details? M.H.
- [New Law Impacts 55+ Communities](https://www.floridacondohoalawblog.com/2020/08/17/new-law-impacts-55-communities/) - Q: I heard there is a new law that impacts the registration process for “55+” communities. What are the details? R.W.
- [Can Political Flags Be Flown?](https://www.floridacondohoalawblog.com/2020/10/19/can-political-flags-be-flown/) - Q: I went on a walk in my community and saw at least 8 homes flying either Trump or Biden flags. Is it legal to fly a political flag on a home located in a homeowners association? I.B.A: Sections 720.304(2)(a) and 720.3075(3) of the Florida Homeowners Association Act specifically permit the flying of the US flag and other types of governmental flags, including flags of the various military branches. These statutes do not address other types of flags, such as political flags. 
- [Generally Board Members Cannot be Compensated](https://beckerlawyers.com/generally-board-members-cannot-be-compensated-news-press/) - Q: Can the members of our board of directors receive a holiday bonus? (G.M, via e-mail) A: Not to be the “grinch,” but this is generally not a good idea and is usually not legally permissible.
- [Short-Term Rental Developments: Profits Not Necessary to Violate Residential Use Covenant](https://beckerlawyers.com/short-term-rental-developments-profits-not-necessary-to-violate-residential-use-covenant-community-association-management-insider/) - Short-term rental arrangements continue to plague community associations, with owners and powerful lobbying groups for companies like Airbnb constantly devising new tactics for avoiding restrictions.“With Airbnb and those platforms becoming such a huge percentage of rentals,” says Jennifer Horan, a shareholder in the Naples, Fla., office of Becker & Poliakoff, “we’re going to see a lot of creative arguments.”
- [Is It a Limited Common Element?](https://www.floridacondohoalawblog.com/2020/11/25/is-it-a-limited-common-element/) - Most condominium unit owners may think that limited common elements are those areas outside the condominium unit that are part of the common elements, but which are used only by a specific unit owner. However, the Florida Condominium Act defines “limited common elements” as “those common elements which are reserved for the use of a certain unit to the exclusion of all other units, as specified in the declaration.”
- [Noisy Air Conditioner Generates Complaints](https://beckerlawyers.com/noisy-air-conditioner-generates-complaints-news-press/) - Q: Two owners in my condominium building had their air conditioner units moved to the roof of the building. Is this allowed? The association has not had the units moved back. Don’t we need to vote to change our common elements? (E.H., via e-mail)
- [Association Attorney Doesn’t Represent Owners](https://www.floridacondohoalawblog.com/2020/02/17/association-attorney-doesnt-represent-owners/) - Q: As a condominium unit owner, am I entitled to any representation from the condominium association’s hired lawyer? (R.R., via e-mail)
- [Tenants Can Claim Support Animal Rights](https://www.floridacondohoalawblog.com/2020/02/24/tenants-can-claim-support-animal-rights/) - Q: Our condominium documents do not permit renters to have pets. A new short-term renter in my building has a dog. When I asked the management company, I was shown a certificate for an “emotional support animal” that can be purchased online. 
- [Using Proxies at Membership Meetings](https://www.floridacondohoalawblog.com/2020/03/02/using-proxies-at-membership-meetings/) - Q: Could you please clarify the purpose of a proxy at a condominium association meeting? (M.G., via e-mail).
- [HOA Can Penalize Speeding](https://www.floridacondohoalawblog.com/2020/03/09/hoa-can-penalize-speeding/) - Q: Can a homeowners’ association set speed limits that are below county limits? If so, how can they enforce these regulations? (T.H., via e-mail)A: In general, yes. Most governing documents grant the board of directors the authority to make rules regarding the use of common areas. Rules of a homeowners’ association can be stricter than the requirements of law, as long as the rules are reasonable.
- [Board Can Fill Vacancies](https://www.floridacondohoalawblog.com/2020/03/16/board-can-fill-vacancies/) - Q: At our annual HOA meeting, the persons who were voted in by the board for the treasurer and secretary resigned after accepting the position that very night. Can the board fill the vacancies without an election? Is there a limited timeframe to fill the names of these vacant positions? I am also thinking we will have to have an agenda and send out a meeting notice. (B.N., via e-mail)
- [COVID-19 Presents Unique Questions for Associations](https://www.floridacondohoalawblog.com/2020/03/23/covid-19-presents-unique-questions-for-associations/) - The World Health Organization has declared the Coronavirus a pandemic. States of emergency have been declared at the federal, state and many local levels.Not surprisingly, we are being asked what steps associations can and can’t (and should and shouldn’t) take. All of the association statutes in Florida contain an “emergency powers” provision that gives association boards some extraordinary authorities to respond to “damage caused by an event for which a state of emergency is declared pursuant to s.252.36.”
- [COVID-19 Presents Unique Questions for Associations – Part II](https://www.floridacondohoalawblog.com/2020/03/30/covid-19-presents-unique-questions-for-associations-part-ii/) - On March 9, 2020, Florida Governor Ron DeSantis, declared a state of emergency in response to confirmed COVID-19 cases in Florida. On March 13, 2020, U.S. President Donald Trump, declared a national emergency. Numerous units of state and local government around the nation have enacted similar proclamations and have implemented a variety of different measures intended to impede transmission of the virus.
- [COVID-19 Q&A PART II](https://www.floridacondohoalawblog.com/2020/04/13/covid-19-qa-part-ii/) - Q: If someone in our community has been diagnosed with the virus, can we send out his or her name so that people know to be careful?A: We are in uncharted waters and there is no one size fits all answer. In my opinion, for example in a high-rise condominium building, there is adequate reason to disclose. On the other hand, the answer may be different in a single-family subdivision, depending on the configurations of common areas.
- [COVID-19 Presents Unique Questions for Associations – Part V](https://www.floridacondohoalawblog.com/2020/04/27/covid-19-presents-unique-questions-for-associations-part-v/) - Q: What are an association’s options if someone refuses to comply with our rules and protocols regarding COVID-19? A: Based on my experience, neither law enforcement nor other governmental agencies are going to get involved with rules of an association which are beyond the bare minimum requirements of law.
- [COVID-19 Presents Unique Questions for Associations – Part IV](https://www.floridacondohoalawblog.com/2020/04/20/covid-19-presents-unique-questions-for-associations-part-iv/) - Q: Does our condominium association qualify for any federal aid due to the COVID-19 pandemic?A: This is one of the many issues where there is no clear answer and I hear diametrically opposed opinions from people whom I consider to be well-versed in legal matters pertaining to community associations.
- [Rules are Official Records](https://www.floridacondohoalawblog.com/2020/05/04/rules-are-official-records/) - Q: My condominium has a restriction against parking pick-up trucks on the community property. Where can I get the most current copy of my condominium’s policies? (S.B., via e-mail) A: Section 718.111(12) of the Florida Condominium Act requires an association to permanently maintain from the inception of the association, certain official records, including the declaration of condominium, bylaws, articles of incorporation and rules and regulations.
- [Condominium Documents Generally Available Online](https://www.floridacondohoalawblog.com/2020/05/11/condominium-documents-generally-available-online/) - official copy of condominium documents? Is there an official copy registered with the state and/or county and can I get an official copy from them? (W.B., via e-mail) A: Recorded condominium documents are available online in most counties, including Lee County.
- [Association “Sunshine Laws” Explained](https://www.floridacondohoalawblog.com/2020/05/18/association-sunshine-laws-explained/) - Q: We have a five-member board and the board has said that they are only required to post notice of a meeting when three or more board members are together. However, we have learned that often, two board members will meet and discuss the association or that there will be phone calls between two board members discussing the association. Aren’t these conversations subject to the Sunshine Laws and are required to be open to the members? (D.M., via e-mail)
- [Use Rights Suspended for Virus Protocol Violations](https://www.floridacondohoalawblog.com/2020/05/26/use-rights-suspended-for-virus-protocol-violations/) - Q: My homeowners’ association recently posted new rules concerning the use of our community pool in response to the coronavirus pandemic. The board stated that if the rules are violated, the association has the right to suspend the owner’s right to use the pool. Because the pool is a community pool owned by all the owners, does the association have the right to suspend an owner’s right to use the pool? (I.E., via e-mail)
- [Harassment of Disabled Persons is Illegal](https://www.floridacondohoalawblog.com/2020/05/31/harassment-of-disabled-persons-is-illegal/) - Q: An owner reported to the board that another owner has been “harassing” him due to his physical disability and has asked the board to take action. Is this an association responsibility or a private matter between the two owners? (N.K, via e-mail)
- [Association May Keep Unit Keys](https://www.floridacondohoalawblog.com/2020/06/08/association-may-keep-unit-keys/) - Q: My condominium association has the digital key-code to my unit but is still insisting on having a physical key. Is the law specific on how I have granted them access to my unit? (D.L., via e-mail)
- [Board’s Pandemic Restrictions Questioned](https://www.floridacondohoalawblog.com/2020/06/15/boards-pandemic-restrictions-questioned/) - Q: Because of COVID-19, our homeowners’ association has prohibited guest use of our pool and fitness center. This has precluded third-party led fitness classes, even if the classes are offered outdoors. Instead, the association is allowing member-led fitness classes outdoors, like aqua aerobics and yoga, on the common areas. Is it permissible to allow members to offer such classes to other members on the common areas? (R.B., via e-mail)
- [Lee County Wants To Speed Up The Hurricane Cleanup](https://www.floridacondohoalawblog.com/2020/06/22/lee-county-wants-to-speed-up-the-hurricane-cleanup/) - Professional property managers and residential community associations can now take steps to protect their communities in the event of a hurricane or other declared major disaster in Lee County. Lee County has information for homeowners’ association leaders.
- [Surprise Audits Not Authorized](https://www.floridacondohoalawblog.com/2020/06/29/surprise-audits-not-authorized/) - Q: Does Florida do unannounced audits of condominium or homeowners’ associations to see if they are conforming to the relevant statutes? For example, some of our board members don’t want bids for a contract even though it is required by statute.
- [Backyard Clothesline Causes Flap](https://www.floridacondohoalawblog.com/2020/07/06/backyard-clothesline-causes-flap/) - Q: There is an ongoing dispute in my homeowners’ association concerning the installation of clotheslines that we are hoping you can resolve.
- [Fining Procedure Discussed](https://www.floridacondohoalawblog.com/2020/07/13/fining-procedure-discussed/) - Q: What is the maximum fine an association can impose on an owner for a rule violation? (H.H., via e-mail)A: It depends. Condominium and cooperative fines are capped at $100.00 per day, and further capped at $1,000.00 in the aggregate for continuing violations.
- [Mold Problem Explored](https://www.floridacondohoalawblog.com/2020/07/20/mold-problem-explored/) - Q: My condominium unit has mold as a result of poor original construction in the 1980’s. Under the Florida Condominium Act, is the association responsible for the structural repairs of the damage caused by this mold? (S.S., via e-mail)
- [Pandemic Has Changed How Boards Do Business](https://www.floridacondohoalawblog.com/2020/07/27/pandemic-has-changed-how-boards-do-business/) - Q: Our condominium association board held online/telephone monthly meetings during the pandemic enabling owners to listen and ask questions. Normally, our board holds meetings where owners may attend in person.
- [Law Change for “55 and Over” Communities](https://www.floridacondohoalawblog.com/2020/08/03/law-change-for-55-and-over-communities/) - Q: We heard a rumor that our “55+ Park” is no longer required to register with the state. Is this true? (D.R., via e-mail) A: Yes. Effective July 1, 2020, Section 760.29(4) of Florida Statutes was amended to delete the requirement that “housing for older persons communities,” often called “55 and over communities” register with
- [Condo Association Doesn’t Cover Unit Finishes](https://www.floridacondohoalawblog.com/2020/08/10/condo-association-doesnt-cover-unit-finishes/) - Q: I own the top unit in a two-story building. Heavy rains caused roof damage which caused significant ceiling damage in my unit. The property manager quickly sent a roofer to fix the exterior problem.
- [Parking Controversy Raises Questions](https://www.floridacondohoalawblog.com/2020/08/17/parking-controversy-raises-questions/) - Q: Does a condominium unit owner have the right to prohibit anyone from parking in his assigned parking space while he or she is residing in their northern home? (J.M., via e-mail)A: It depends. If the parking space is designated by the declaration of condominium as a “limited common element,” the exclusive right of use is part of the unit’s property rights and cannot be usurped by other owners without your permission.
- [Virus Still Raising Questions For Associations](https://www.floridacondohoalawblog.com/2020/08/24/virus-still-raising-questions-for-associations/) - Q: There have been so many orders and news conferences from the governor regarding the COVID-19 pandemic. Can you give us a quick overview of what orders that apply to community associations are still in effect? (R.D., via e-mail
- [Removing Officers and Directors Require Different Procedures](https://www.floridacondohoalawblog.com/2020/08/31/removing-officers-and-directors-require-different-procedures/) - Q: Our homeowners’ association board president has not been responsive. He is also over two months overdue on assessments. Can he be replaced and what are the steps for that process? (V.R., via e-mail)
- [Condominium Associations Can Purchase Property](https://www.floridacondohoalawblog.com/2020/09/07/condominium-associations-can-purchase-property/) - Q: The board of directors of my condominium association have been discussing purchasing an adjacent parcel of land. There is a question in the community as to whether this is allowed. Can a condominium association purchase additional property?
- [Boards of Directors Can Hold Closed Meetings for Certain Purposes](https://www.floridacondohoalawblog.com/2020/09/14/boards-of-directors-can-hold-closed-meetings-for-certain-purposes/) - Q: When can a condominium board of directors hold a meeting which is closed to the owners? (P.C., via e-mail)A: Pursuant to Section 718.112(2)(c) of the Florida Condominium Act, meetings of the board of administration at which a quorum of the board members is present must be properly noticed and open to all unit owners.
- [Board Members Cannot Vote by Proxy](https://www.floridacondohoalawblog.com/2020/09/21/board-members-cannot-vote-by-proxy/) - Q: My condominium association has been questioning when owners and board members can vote by proxy and the differences between a general and limited proxy. Can you explain when proxies can and should be used by either board members or unit owners when voting? (G.R., via e-mail)
- [Homeowners’ Association Documents Should Discuss Amendment](https://www.floridacondohoalawblog.com/2020/09/28/homeowners-association-documents-should-discuss-amendment/) - Q: My homeowners’ association is considering amendments to its governing documents. A question has come up concerning what membership vote is required to amend the documents. Can you please advise? (G.R., via e-mail)
- [Limits on Amending Rental Rights](https://beckerlawyers.com/limits-on-amending-rental-rights-news-press/) - Q: I live in a condominium and want to know if there is a state statute that limits the number of units that can be rented in a condominium or can the owners establish such a limit? (R.B., via e-mail)
- [Condominium Insurance Explained](https://beckerlawyers.com/condominium-insurance-explained-news-press/) - Q: We recently discovered that the air handler drain in the unit above us became clogged resulting in water damage to our unit. Our insurance covered some of the costs, but not all. We were not in the unit when this occurred and it was some time before we discovered it, resulting in mold. Would our condominium association be responsible for the uncovered damage? For example, we had to repaint the unit, and replace the water heater and two vanities that had to be thrown out. (G.T., via e-mail)
- [Board Makes Parking Rules](https://beckerlawyers.com/board-makes-parking-rules-news-press/) - Q: Is it necessary for the board of my condominium association to get a vote from the owners to change parking rules? They want to restrict me from parking my third vehicle on the property. I have been living here for over a year with three vehicles and no problem. (R.T., via e-mail)
- [Board Members Can’t Vote By Proxy](https://beckerlawyers.com/board-members-cant-vote-by-proxy-news-press/) - Q: I have an HOA question about board members voting by proxy. I believe that they cannot submit their own personal vote via proxy, but are they allowed to simply collect unlimited proxies? The board members collect and give the proxies to one board member to distribute. Is this legal? (E.L., via e-mail)A: You have to distinguish between board meetings and membership meetings. Section 720.303(2)(c)3. of the Florida Homeowners’ Association Act specifically states that directors may not vote by proxy or by secret ballot at board meetings, except that secret ballots may be used in the election of officers.
- [Records Inspection Rights Explained](https://beckerlawyers.com/records-inspection-rights-explained-news-press/) - Q: I asked my association’s manager for a copy of our community pool’s permit and was told to go get it from the Florida Department of Health myself. Is our manager required to provide a permit like this to the owners when asked for a copy? (B.B., via e-mail)
- [Incidental Damage Clauses](https://www.floridacondohoalawblog.com/2020/11/25/incidental-damage-clauses/) - There are times when an association must damage a unit or units in order to maintain or repair the common elements. For example, if repairs must be made to a common element water trunk pipe, an association may have to access the pipe by tearing though some portion of a unit wall. This type of damage is generally referred to as “incidental damage.”
- [An Association's Obligation Regarding Neighbor Versus Neighbor Disputes](https://www.floridacondohoalawblog.com/2020/11/25/an-associations-obligation-regarding-neighbor-versus-neighbor-disputes/) - Community Associations have an obligation to enforce their governing documents. However, that obligation does not extend to policing, mediating, or resolving disputes between owners, without a corresponding covenant violation. Associations have an obligation to all owners of the community to do what is in the best interest of all owners, not just the select one or two.
- [’Material Alteration’ Voting Explained](https://beckerlawyers.com/material-alteration-voting-explained-news-press/) - Q: How can a condominium “material change” be approved? Who approves it, the board or the property owners? If several items are being altered, must each item be listed separately or can it be a single vote lumped together as one? (A.J., via e-mail)
- [Can One Section Ban Rentals?](https://beckerlawyers.com/can-one-section-ban-rentals-naples-daily-news/) - Q: I live in a condominium and there are several disruptive annual renters. There are six different sections but only one board. Each section is governed by their own declaration of condominium. Can one section approve an amendment to their declaration banning rentals even while other sections still allow rentals? G.P.
- [Night Swimming Governed By State Codes](https://beckerlawyers.com/night-swimming-governed-by-state-codes-news-press/) - Night Swimming Governed By State Codes Q: Our homeowners’ association pool is only open from “dawn to dusk.” With the time change, it gets dark early. Residents who work are not able to use the pool during the week. Can the board change the pool hours or is “dawn to dusk” mandated by the state? (L.T., via e-mail) A: The Environmental Health Division of the Florida Department of Health does not specify required hours for community swimming pools. The law only requires that the pool hours must be posted on the rules sign adjacent to the pool.
- [Meetings Can Be Adjourned](https://beckerlawyers.com/meetings-can-be-adjourned-news-press/) - My homeowners’ association is attempting to amend our governing documents.
- [Election Season is Upon Us!](https://www.floridacondohoalawblog.com/2020/10/29/election-season-is-upon-us/) - For condominiums and cooperatives there are a few statutory election guideposts that start with the numbers 60, 40, 35 and 14*.Sixty (60) days prior to your annual meeting election the first notice must be sent to all unit owners telling them when the annual meeting and election will be held and asking anyone who may be qualified and interested in running for the board to submit a notice of intent.
- [Court Finds Short-Term Rentals Violate Deed Restriction](https://beckerlawyers.com/court-finds-short-term-rentals-violate-deed-restriction-community-association-management-insider/) - The current economic climate combined with COVID-related migration has many homeowners exploring the revenue generating options of their properties, which can put them at odds with a community association’s mission to cultivate residential harmony and lead to legal proceedings.
- [New Laws](https://beckerlawyers.com/new-laws-flcaj-magazine/) - New F.S. 718.129, 719.131, and 720.318 provide that an association may not prohibit parking a law enforcement vehicle where the officer has a right to park. F.S. 760.27 provides that a person seeking an emotional support animal must provide certain supporting information to qualify if the relate need for an ESA is not readily apparent. The statute provides that an ESA registration, including an identification card, certificate, or other similar document obtained from the internet, is not sufficient to establish a disability related need for an ESA. F.S. 817.265 provides that a person who falsifies information or provides fraudulent information for an ESA or misrepresents himself or herself as having a disability related need for an ESA commits a misdemeanor.
- [Navigate the Claims Process Successfully](https://beckerlawyers.com/navigate-the-claims-process-successfully-flcaj-magazine/) - Navigating an insurance claim after a significant loss can be frustrating, costly, and time consuming. Associations have an obligation to cooperate with their insurance company fully and completely during the claims process, even in the most daunting of circumstances.
- [Distinguishing Between Statutory and Non-statutory Reserves Under the Florida Homeowners’ Association Act](https://beckerlawyers.com/distinguishing-between-statutory-and-non-statutory-reserves-under-the-florida-homeowners-association-act-fcap-managers-report/) - Considering the fiduciary responsibilities officers and directors have to the homeowners’ association’s members, it is important to understand not only the importance of including reserve accounts in an association’s budget, but also to understand when reserve funding is mandatory under the Florida Homeowners’ Association Act. Unlike condominium associations, maintaining fully funded reserve accounts is not always mandatory for homeowners’ associations.
- [Take a Bite Out of Fraudulent Emotional Support Animal Requests](https://beckerlawyers.com/take-a-bite-out-of-fraudulent-emotional-support-animal-requests-flcaj-magazine/) - One of the most difficult issues facing community association board members is how to evaluate and address requests for accommodations for emotional support animals (“ESA”). Often, mental disabilities are not as visible and obvious as many physical disabilities.
- [“What’s New in Rules and Restrictions,” Community Association Management Insider](https://beckerlawyers.com/whats-new-in-rules-and-restrictions-community-association-management-insider/) - Shareholder Jennifer Horan weighs in on amending community association governing documents to include restrictions on the use of surveillance cameras. “The Ring doorbell has been a huge issue because the span [of the captured images] is so far that they can really see everything. Especially in connected homes, where you may share a driveway, people are asking how this isn’t an invasion of privacy,” she said.
- [Is a Community Association Responsible for the Acts of Its Volunteers?](https://www.floridacondohoalawblog.com/2020/09/03/is-a-community-association-responsible-for-the-acts-of-its-volunteers/) - Community associations can be a great place for community involvement. It is always nice to see members get involved and help with operating the association. However, should the association be concerned about the actions of these volunteers?
- [Hurricane Insurance Claims for Condominium Associations](https://www.floridacondohoalawblog.com/2020/08/26/hurricane-insurance-claims-for-condominium-associations/) - There is a lot of information on how associations can prepare for hurricanes but much less information as to what happens after the hurricane, particularly as it pertains to insurance claims. A question that managers and board members need to consider is, what is required after a hurricane to ensure compliance with your insurance policy
- [Is Second-Hand Smoke Leaving a Bad Taste in Your Mouth?](https://www.floridacondohoalawblog.com/2020/08/26/is-second-hand-smoke-leaving-a-bad-taste-in-your-mouth/) - Long gone are the days when you would be greeted at a restaurant with the question; “Smoking or non-smoking?” Frequent flyers can no longer light up on flight.
- [Preparing to Navigate the Claims Process by Understanding What Is Expected](https://www.floridacondohoalawblog.com/2020/08/24/preparing-to-navigate-the-claims-process-by-understanding-what-is-expected/) - Navigating an insurance claim after a significant loss can be frustrating, costly, and time consuming. Associations have an obligation to cooperate with their insurance company fully and completely during the claims process even in the most daunting of circumstances. Failure to adhere to that duty may result in the denial of an insurance claim even
- [Hurricane Insurance Claim Deadlines](https://www.floridacondohoalawblog.com/2020/05/26/hurricane-insurance-claim-deadlines/) - Almost three years have passed since Hurricane Irma and almost two years since Hurricane Michael. If your community has received insurance money and rebuilt, or if your community has only suffered minor damages, both hurricanes may seem a lifetime ago. Unfortunately, many communities are still suffering through unpaid claims and, in many cases, unknown damages.
- [Review Your Insurance Policy to Ensure That Your Claim Won't Be Decided in—New York?](https://www.floridacondohoalawblog.com/2019/06/27/review-your-insurance-policy-to-ensure-that-your-claim-wont-be-decided-in-new-york/) - Hurricane disputes continue through South Florida’s courts more than 10 years later. A bad trend for associations is disputes are being arbitrated in New York
- [“Sit Back and Enjoy the Ride,” FCAP Managers Report](https://beckerlawyers.com/sit-back-and-enjoy-the-ride-fcap-managers-report/) - On July 10, 2020, Governor Ron DeSantis announced over $8 million of the state’s budget this year will be dedicated to strengthening Florida’s electric vehicle infrastructure.
- [Be Wary of MRTA](https://www.floridacondohoalawblog.com/2020/07/23/be-wary-of-mrta/) - A little-known law, which can present big problems for planned residential and commercial subdivisions, has undergone a number of recent changes intended to make it more manageable and less impactful on the associations which oversee or manage planned residential and commercial subdivisions.
- [Diligencia Al Invertir En Comunidades Costeras](https://www.floridacondohoalawblog.com/2020/07/22/diligencia-al-invertir-en-comunidades-costeras/) - Aunque invertir y comprar una propiedad cerca del mar parece ser una inversión de un sueño hecho realidad, el cambio climático y el aumento del nivel del mar se han convertido en una amenaza existencial que puede afectar la viabilidad económica de invertir y comprar una propiedad en comunidades costeras. Excluyendo Alaska, la Florida es el estado con la costa más larga de los Estados Unidos.
- [Florida Supreme Court Rules COVID-19 Pandemic Constitutes “Natural Emergency”](https://www.floridacondohoalawblog.com/2020/07/09/florida-supreme-court-rules-covid-19-pandemic-constitutes-natural-emergency/) - Governor Extends COVID-19 State of Emergency by 60 Days – Opportunities to Extend Certain Permits May Be Available to Associations Section 252.363(1)(a), Florida Statutes, provides that certain qualifying permits and authorizations are eligible for an extension once certain States of Emergency are declared for the length of time the declaration is in effect plus an
- [¿Vive usted en una comunidad que no acepta animales?](https://www.floridacondohoalawblog.com/2019/04/17/vive-usted-en-una-comunidad-que-no-acepta-animales/) - La mayoría de las asociaciones de comunidad contienen algún tipo de restricción en sus Documentos Rectores. Algunas asociaciones prohíben todo tipo de mascotas. Otras limitan el tipo, número y/o tamaño de las mascotas que los propietarios pueden tener en sus unidades. Y otras asociaciones permiten mascotas, pero solamente en ciertas localidades de la comunidad. De
- [Peticiones falsas](https://www.floridacondohoalawblog.com/2019/05/16/peticiones-falsas/) - Continuamos con el tema de animales para apoyo emocional. Como todos ustedes saben, siempre existirán personas que intentan aprovecharse del sistema. Por ejemplo, una persona hace una petición para traer un animal para apoyo emocional y presenta una “nota del médico” o una “receta médica” que dice mi paciente sufre de depresión y requiere la
- [La agencia revisa pregunta sobre límites de término](https://www.floridacondohoalawblog.com/2019/06/20/la-agencia-revisa-pregunta-sobre-limites-de-termino/) - Directores de condominios no pueden servir más de 4 términos consecutivos. Leer para creer en Florida Condo & HOA Law Blog!
- [Mi voto cuenta.](https://www.floridacondohoalawblog.com/2019/08/30/mi-voto-cuenta/) - Imagínese que usted acaba de comprar su primera casa en una comunidad de condominios e inmediatamente solicita en la oficina de la asociación una copia de la reunión prevista de la Directiva. Usted quiere asistir y participar - usted quiere que su voz se escuche. De inmediato descubre que la Directiva está votando para nuevas disposiciones de la asociación. O sea, cambios en los documentos que afectan a los propietarios de las unidades sin darles la oportunidad a ellos la oportunidad a opinar sobre los cambios. La Directiva tomó un voto decisivo e inmediatamente la reunión se suspendió. Un mes pasa y usted recibe una carta de la asociación solicitando su voto para modificar los documentos que gobiernan la comunidad cual carta indica que la ausencia de su voto es lo mismo que un voto "sí." ¿Es esto legal?
- [¿Que es la regla de 80/20?](https://www.floridacondohoalawblog.com/2019/09/26/que-es-la-regla-de-80-20/) - La ley Federal de Vivienda Equitativa prohíbe la discriminación por motivos de raza, color, religión, género, discapacidad, estado familiar u origen nacional. Varios Estados tienen sus propia Ley de Vivienda Equitativa. 
- [Reuniones anuales y procedimientos electorales - SEGUNDA PARTE](https://www.floridacondohoalawblog.com/2020/01/30/reuniones-anuales-y-procedimientos-electorales-segunda-parte/) - Introducción: En nuestro escrito anterior hablamos de los pasos a seguir para hacer elecciones de plazas vacantes en la Junta de Directores, y la importancia de seguir los pasos al pie de la letra para cumplir con las leyes que gobiernan a los condominios y cooperativas y de esta manera evitar litigios o anulación de
- [Aprobación de arrendatarios](https://www.floridacondohoalawblog.com/2020/05/26/aprobacion-de-arrendatarios/) - Si su comunidad requiere que un arrendatario futuro sea aprobado por la asociación, debe de recordar y tomar en cuenta la ley que requiere que las asociaciones de comunidades procesen las solicitudes de arrendamiento de miembros de las fuerzas armadas dentro de 7 días después que la solicitud sea sometida, independientemente del periodo de tiempo
- [“Budgets,” FCAP Managers Report](https://beckerlawyers.com/budgets-fcap-managers-report/)
- [Slowly Getting Over the Hump: Addressing Speeding with Traffic Calming Devices](https://www.floridacondohoalawblog.com/2020/06/24/slowly-getting-over-the-hump-addressing-speeding-with-traffic-calming-devices/) - Between kids at play, exterior maintenance projects, pedestrians, and cyclists, your association could be seriously impacted by speeders. As a follow up to Jennifer Horan, Esquire’s article “Slow Your Roll: How to Address Speeding Issues in your Association,” published on October 28, 2019, can or should your association install traffic calming devices, like speed bumps
- [El avance de la tecnología en las leyes de las asociaciones](https://www.floridacondohoalawblog.com/2020/06/24/el-avance-de-la-tecnologia-en-las-leyes-de-las-asociaciones/) - Debido a la reciente pandemia del Covid-19, las asociaciones han tenido que modificar los protocolos de reuniones al vuelo. Más allá de los requerimientos de distanciamiento social, de la preocupación de los miembros y de las juntas con respecto a la propagación de la enfermedad, así como las ordenanzas que prohíben grupos de más de
- [¡FRAUDE!  Golpe fuerte para las comunidades latinas](https://www.floridacondohoalawblog.com/2020/02/27/fraude-golpe-fuerte-para-las-comunidades-latinas/) - Más y más residentes en condominios y Asociaciones de Propietarios (HOA) mayormente hispanas, están enfrentando no solamente fraude electoral, sino también malversación de fondos, y tal parece que nadie los puede ayudar. Por ejemplo, el caso de un residente de un condominio en Miami-Dade que ejerció su derecho legal de obtener archivos oficiales de la
- [To Notice, or Not to Notice, That Is the Question: Closed Board Meetings](https://www.floridacondohoalawblog.com/2020/06/24/to-notice-or-not-to-notice-that-is-the-question-closed-board-meetings/) - The answer to the question of whether all board meetings must be properly noticed to the members is YES. Even the emergency powers section of the community association statutes require notice to be given as is practicable. What about “closed board meetings?" The answer remains YES. As you are likely aware, there are two circumstances
- [Does A Director of a Condominium Association Have to Also Be a Member?](https://www.floridacondohoalawblog.com/2020/05/26/does-a-director-of-a-condominium-association-have-to-also-be-a-member/) - While it may seem to many unit owners that a director must also be a member of the association, this is not necessarily the case. This question is document driven. If the governing documents of a condominium association do not specifically require that a director also be a unit owner / member, then under Florida
- [Can I Trim Tree Limbs?](https://beckerlawyers.com/can-i-trim-tree-limbs-naples-daily-news/) - Q: I am a new owner of a home located within a deed restricted community. Many of the lots, including mine, have large oak trees located between the rear of the residence and the community property line.
- [“Someone is Sick: Now What?,” Community Association Management Insider](https://beckerlawyers.com/someone-is-sick-now-what-community-association-management-insider/) - What do you do when one of your community association members is diagnosed with the coronavirus (COVID-19)? Becker Shareholder Jennifer Horan reminds board members to exercise caution when considering privacy rights of residents, while also being transparent.
- [Rosa M. de la Camara conversa con Raquel Regalado y Felix Guillermo de Radio Caracol](https://www.floridacondohoalawblog.com/2020/03/26/m-de-la-camara-conversa-con-raquel-regalado-y-felix-guillermo-de-radio-caracol/) - Rosa M. de la Camara conversa con Raquel Regalado y Felix Guillermo de Radio Caracol sobre el impacto de COVID-19 en nuestras asociaciones de condominios.
- [Obtaining a Bank Loan; Step-by-Step](https://www.floridacondohoalawblog.com/2020/04/21/obtaining-a-bank-loan-step-by-step/) - With COVID-19 stay-at-home executive orders causing issues with employment and payment of assessments in some communities and with hurricane season quickly approaching, many associations may want to have a line of credit in place. This ensures they have the funds necessary to make emergency repairs if their area is hit so that repairs can begin
- [Is Incivility Having an Impact on the Operation of Your Association?](https://www.floridacondohoalawblog.com/2020/04/21/is-incivility-having-an-impact-on-the-operation-of-your-association/) - We live in an age where the lack of civility has become a common occurrence in daily life, whether it be on the internet, on the highway, or even in line at the grocery store. While the causes of the decline in civility can be debated, the consequences are more apparent, even at the community
- [COVID-19 Q&A’s For Community Association](https://www.floridacondohoalawblog.com/2020/03/27/covid-19-qas-for-community-association/) - Q: If we are aware of a confirmed COVID-19 infection in our community, are we obligated to report it to the Health Department?
- [State and Local Opportunities to Extend Certain Permits in Florida Due to COVID-19 May Be Available to Associations](https://www.floridacondohoalawblog.com/2020/03/26/state-and-local-opportunities-to-extend-certain-permits-in-florida-due-to-covid-19-may-be-available-to-associations/) - As discussed in our earlier post on March 20, community associations may have access to an extension of opportunities for permits. Although Section 252.363(1)(a), Florida Statutes, as amended in 2019,
- [Opportunities to Extend Certain Permits in Florida Due to COVID-19 May Be Available to Associations](https://www.floridacondohoalawblog.com/2020/03/20/opportunities-to-extend-certain-permits-in-florida-due-to-covid-19-may-be-available-to-associations/) - Community associations may soon have access to an extension of opportunities for permits. Although Section 252.363(1)(a), Florida Statutes, as amended in 2019 only provides that certain qualifying permits and authorizations are eligible for an extension once certain “natural emergency” States of Emergency are declared the current COVID-19 pandemic does not appear to fall under the definition of a “natural emergency.”
- [Condos, Cruise Ships and COVID-19:  Surprising Commonalities](https://www.floridacondohoalawblog.com/2020/03/18/condos-cruise-ships-and-covid-19-surprising-commonalities/) - The cruise ship industry has been particularly hard hit by Covid-19’s rapid spread amongst passengers. For those who were unfortunate enough to deal with a ship-board quarantine, the fact that they would eventually be able to disembark and return to their homes helped them cope. But what if your home posed the same risks as a cruise ship environment?
- [COVID-19: Considerations for Community Associations with Employees](https://www.floridacondohoalawblog.com/2020/03/18/covid-19-considerations-for-community-associations-with-employees/) - With rapidly evolving COVID-19 developments, we understand that this is a difficult time for community associations. As such, we are taking each day with a wait and see approach as it is hard to predict what the days and weeks ahead will look like.
- [COVID-19: Technology and Social Distancing](https://www.floridacondohoalawblog.com/2020/03/16/covid-19-technology-and-social-distancing/) - Covid-19 has introduced new challenges to the way we meet and work together in our communities. Many of our daily community association activities include in-person interaction, from regular meetings to conduct association business to elections and other membership votes. Social distancing, the new normal, has necessitated a change to our behavior.
- [When Are Closed Board Meetings Allowed?](https://www.floridacondohoalawblog.com/2020/03/16/when-are-closed-board-meetings-allowed/) - Q: As president of my condominium association, I believe it is time to fire our in-house manager and hire a new one. I obviously need the approval of the board to fire the manager. At the upcoming board meeting can the board go into “executive session” to authorize firing the manager? T.Z.
- [“How to Minimize Coronavirus Risk in Fla. Residential Communities,” Daily Business Review](https://beckerlawyers.com/how-to-minimize-coronavirus-risk-in-fla-residential-communities-daily-business-review/) - With the number of cases of COVID-19 increasing in Florida and Gov. Ron DeSantis declaring a state of emergency, proactive community association boards and their management professionals are thinking about how this virus might impact their residential communities and what can be done to blunt the impact.
- [“Managing Common Housing Under the Threat of COVID-19,” FCAP Managers Report](https://beckerlawyers.com/managing-common-housing-under-the-threat-of-covid-19-fcap-managers-report/) - Managers are on the front lines of many challenging issues for private residential communities but managing a pandemic is uncharted territory for most. With the number of cases of COVID-19 increasing in Florida and the fact that Governor DeSantis has declared a State of Emergency, proactive community association management professionals are thinking about how this virus might impact their residential communities and what can be done to blunt the impact.
- [Condos, Cruise Ships and Covid-19:  Surprising Commonalities](https://www.callbp.com/call-alerts/2020/03/condos-cruise-ships-and-covid-19-surprising-commonalities/)
- [“Should Extra Ballots be Counted?,” Naples Daily News](https://beckerlawyers.com/should-extra-ballots-be-counted-naples-daily-news/) - Q: My condominium association recently held its annual meeting and the election was quite close. Only one vote separated the candidates for the last open director position.
- [PART III – NO PET COMMUNITY – ¿Recibiste una petición legítima?](https://www.floridacondohoalawblog.com/2019/07/25/recibiste-una-peticion-legitima/) - Continuamos con el tema de animales para apoyo emocional. Aquí hablamos de peticiones legítimas y las excepciones.
- [¿Permite su asociación el uso de la casa club para eventos políticos?](https://www.floridacondohoalawblog.com/2019/10/28/permite-su-asociacion-el-uso-de-la-casa-club-para-eventos-politicos/) - En un marco de Condominio, los Estatutos de la Florida permiten a los propietarios el uso de los elementos comunes (áreas de recreación) para el uso para el cual fueron diseñados.
- [Es la temporada de las reuniones anuales y las elecciones.  ¿Está usted seguro que sabe cómo conducir la elección de directores? PRIMERA PARTE.](https://www.floridacondohoalawblog.com/2019/11/26/es-la-temporada-de-las-reuniones-anuales-y-las-elecciones-esta-usted-seguro-que-sabe-como-conducir-la-eleccion-de-directores-primera-parte/) - Primero, tenga en mente que una elección no es necesaria al no ser que haya dos o más candidatos elegibles para una vacante en la junta. Además, una elección general debe llevarse a cabo a la misma vez, y en el mismo lugar de la reunión anual, independientemente de si hay o no hay un
- [Election Process – Part 2 of 2](https://www.floridacondohoalawblog.com/2020/02/27/election-process-part-2-of-2/) - A vacancy requires two or more eligible candidates. If not enough eligible candidates give notice of their intent to run, then an election is not required. Since write-in candidates and nominations from the floor are not accepted, an association will know well in advance of the scheduled election if it is necessary. The association should
- [How Does Your Collection Policy Stack Up?](https://www.floridacondohoalawblog.com/2020/02/27/how-does-your-collection-policy-stack-up/) - Collection of your community’s assessments is critical to maintaining a steady flow of income to support the association’s maintenance responsibilities and maintain the association’s overall fiscal health. Yet, with the more urgent day-to-day demands on property managers and volunteer board members, collections can often be neglected or completely overlooked. On day one, new board members
- [Data Breach Prevention](https://www.floridacondohoalawblog.com/2020/02/27/data-breach-prevention/) - Data leaks and hacks are happening every day. From a small business to a Fortune 500 company, chances are your private information was subject to a leak or a hack and you might not even know it. Moreover. you might not be aware what type of information these companies have of yours. Imagine all of
- [Management Companies and CAM Licenses](https://www.floridacondohoalawblog.com/2020/02/27/management-companies-and-cam-licenses/) - Many associations do not just hire a manager. They hire an entire management company. The question I get asked at times is whether a management company has to be licensed. The short answer is yes. Their licensure is addressed by Florida Statutes (§468.432) which requires a community association management firm that is responsible for the
- [“Limit on Charging Transfer Fees? ,” Naples Daily News](https://beckerlawyers.com/limit-on-charging-transfer-fees-naples-daily-news/) - Q: My condominium association imposes strict limitations on the rental of units. The condominium documents include a requirement for the board to review and approve all proposed leases and tenants. The condominium documents also permit the association to charge a fee up to the highest amount the law allows to cover the cost of the background check and other expenses.
- [Rezoning Process Explained](https://beckerlawyers.com/rezoning-process-explained-news-press/) - Q: The developer of an adjacent property is attempting to rezone it. We are already facing problems due to the growth in our area. Does the local government have a legal or moral obligation to protect us? (R.Z., via e-mail)
- [Transfer Approval Fees Restricted By Law](https://beckerlawyers.com/transfer-approval-fees-restricted-by-law-news-press/) - What are approval fees? Are they legal? Read more!
- [Flags Governed By Statute](https://beckerlawyers.com/flags-governed-by-statute-news-press/) - What flags are permitted to be flown by homeowners associations? Read on!
- [Being Recalled Does Not Prohibit Future Service On Board](https://beckerlawyers.com/being-recalled-does-not-prohibit-future-service-on-board/) - The Florida Condominium Act states that the unit owners are entitled to recall any or all members of the board of directors, with or without cause.
- [Water Bills Can Be Split Equally](https://beckerlawyers.com/water-bills-can-be-split-equally-news-press/) - I recently purchased a condominium unit and discovered that the water bill is paid for by the association for the entire community as part of our assessments.
- [Hurricane Shutters Can Be Regulated](https://beckerlawyers.com/hurricane-shutters-can-be-regulated-news-press/) - I was recently told by my association that only a specific type of hurricane shutter could be installed and that any other type of shutter was prohibited. Is this true?
- [Master Association Elections Can Be Confusing](https://beckerlawyers.com/master-association-elections-can-be-confusing-news-press/) - Q: What are the Florida requirements for election of the board of directors and the eventual election of officers in a multicondominium association?
- [Directors May Abstain From Voting](https://beckerlawyers.com/directors-may-abstain-from-voting-news-press/) - Under current law, directors are permitted to abstain from voting without articulating a reason, though the abstention must be noted in the minutes.
- [Amendments Can Be Grouped For Voting](https://beckerlawyers.com/amendments-can-be-grouped-for-voting-news-press/) - Q: My homeowners’ association is preparing to have the members vote on four different amendments to the governing documents. However, the association is proposing putting the four amendments to the owners in one vote, take it or leave it. It was my understanding that the association was required to put each amendment to a separate vote but I could not find that provision in the statute. Can they do this?
- [Manager Not Legally Required](https://beckerlawyers.com/manager-not-legally-required-news-press/) - Q: The board of my association is considering terminating our management company’s contract and managing the association themselves. Is this permissible...
- [Cable Rebates Questioned](https://beckerlawyers.com/cable-rebates-questioned-news-press/) - Q: Recently our homeowners’ association negotiated a new bulk cable and internet contract. One of the new provisions of the contract is the service provider is going to pay the association over one hundred dollars for every home in the community.
- [Law Does Not Limit Budget Increases](https://beckerlawyers.com/law-does-not-limit-budget-increases-news-press/) - Q: My condominium association is confused as to how the “115% rule” applies to its budget. Is the association prohibited from adopting a budget that exceeds
- [Notice of Board Meetings Must Be Properly Posted](https://beckerlawyers.com/notice-of-board-meetings-must-be-properly-posted-news-press/) - Q: I purchased my condominium unit last year. Am I entitled to have a copy of the agenda for regular board meetings prior to the actual meeting...
- [Services Not Required for ‘55 and Over' Communities](https://beckerlawyers.com/services-not-required-for-55-and-over-communities-news-press/) - Some in our homeowners’ association argue we need not offer any amenities like a swimming pool, tennis court, bocce ball, bingo, community dinners, etc...
- [Only Directors Can Vote](https://beckerlawyers.com/only-directors-can-vote-news-press/) - Q: If our secretary steps down, we will only have 4 directors. How do we break a tie when voting on upcoming issues? (S.K., via e-mail)
- [Can a Recalled Director Run Again?](https://beckerlawyers.com/can-a-recalled-director-run-again-naples-daily-news/) - Q: I am an owner, living in a community with a homeowners’ association. I would like to know if a member of the board of directors who has been "recalled" (removed by a member vote) can run again for the board.
- [50/50 Games Not Permitted](https://beckerlawyers.com/50-50-games-not-permitted/) - Q: My condominium association uses 50/50 raffles to raise funds for our committees. With the holidays around the corner and funding efforts in full effect, we are concerned about recent comments from some owners about this being illegal.
- [Frequency of Board Meetings Not Set by Law](https://beckerlawyers.com/frequency-of-board-meetings-not-set-by-law-news-press/) - Q: The board of my homeowners’ association has decided to meet only quarterly. Is this legal? I thought that by law the Board needed to meet ten times per year. (S.B., via e-mail) A: Section 720.303(2) (a) of the Florida Homeowner’s Association Act states that a meeting of the board occurs “whenever a quorum of
- [Death of Candidate Does Not Require New Election](https://beckerlawyers.com/death-of-candidate-does-not-require-new-election-news-press/) - Q: My condominium association recently held its annual election. Seven people ran for five open seats, including the five incumbent directors and two other candidates. The ballots were sent out properly. An incumbent board member passed away a week before the election. At the annual meeting, the remaining four members of the board were re-elected.
- [Directors Can’t Vote by Proxy](https://beckerlawyers.com/directors-cant-vote-by-proxy-news-press/) - If a board member in a homeowners’ association can’t be present at a board meeting, can they vote in advance and in writing for a specific issue?
- [Tree Root Damage, Who is Responsible?](https://beckerlawyers.com/tree-root-damage-who-is-responsible-news-press/) - Q: I live in a gated homeowners’ association. Roots from a tree planted on the common area has damaged my driveway. Who is responsible for the repair? (J.K., via e-mail)
- [Relatives Can Serve on Board Together](https://beckerlawyers.com/relatives-can-serve-on-board-together-new-press/) - Q: Where do I find in the statutes about relatives being on the board? I was told that if you are a relative, you cannot be on the board at the same time. Is that true? If so, what level of blood relation does it go to? (J.C., via e-mail)
- [Restaurant Minimums Not Unusual](https://beckerlawyers.com/restaurant-minimums-not-unusual-news-press/) - Q: I live in a community that includes a mandatory golf club membership. The restaurant/lounge has been underperforming. The board recently imposed a minimum food and beverage purchase requirement for all members. Is this legal?
- [Who Are the Candidates?](https://www.floridacondohoalawblog.com/2020/01/30/who-are-the-candidates/) - I have been present at elections where the members have no idea “who” is running for the board. In the condominium setting the members have the benefit of knowing in advance the names of all candidates. That does not mean that the member knows the candidate, either because the candidate has not been active or
- [Election Process – Part 1 of 2](https://www.floridacondohoalawblog.com/2020/01/30/election-process-part-1-of-2/) - With many condominium associations in the midst of election season, many questions arise regarding the election process. For the most part the process varies greatly between condominiums and homeowners associations. Condominium elections that fail to follow the procedures outlined in the Condominium Act, Florida Administrative Code, and the association’s governing documents can result in an
- [Is a Voting Certificate Required If a Unit Is Owned by an LLC?](https://www.floridacondohoalawblog.com/2020/01/30/is-a-voting-certificate-required-if-a-unit-is-owned-by-an-llc/) - Many governing documents include a provision requiring a voting certificate if a unit or parcel is owned by more than one person, a corporation, or another entity. In some cases, there is an exception for spouses, and other times, a voting certificate is only required if the unit or parcel is owned by a corporation.
- [Can a Delinquent Owner Run for the Board?](https://www.floridacondohoalawblog.com/2020/01/30/can-a-delinquent-owner-run-for-the-board/) - Community Association election season is still going strong. One often asked question during this time is whether an unpaid fine makes an owner ineligible for the board. Simply put, an owner is not eligible to run for the board if he does not pay the fine in full by the statutory deadline. The Condominium Act
- [Restricting Holiday Decorations in the HOA Setting](https://www.floridacondohoalawblog.com/2020/01/30/restricting-holiday-decorations-in-the-hoa-setting/) - The holidays just ended but it seems the question of holiday decorations lives on. Every year, holiday decorations seem to appear earlier and get more extravagant, and not just in the retail setting. While studies are showing that people who decorate for the holidays early are happier, what constitutes “too soon” or “too much” in
- [“Are no pet restrictions enforceable?,” Naples Daily News](https://beckerlawyers.com/are-no-pet-restrictions-enforceable-naples-daily-news/) - Q: I live in a condominium that does not allow pets of any kind, and never has allowed them. One of the reasons I purchased a unit in this condominium is because I don’t like pets and I don’t want to be around them.
- [“Water leaks in your condo: Who’s responsible? | Opinion ,” Miami Herald](https://beckerlawyers.com/water-leaks-in-your-condo-whos-responsible-opinion-miami-herald/) - There are many advantages to living in a multifamily condo or coop building in South Florida: great views, enviable locations and abundant amenities. However, there is always the possibility of water leaks.
- [CAI 2019 Annual Conference & Exposition](https://www.floridacondohoalawblog.com/2019/05/02/2019-cai-annual-conference-orlando-fl/) - Don’t miss us at this year’s 2019 CAI Annual Conference May 15-18 in Orlando, Florida.
- [Lunch & Learn: Condo Board Member Certification](https://www.floridacondohoalawblog.com/2018/12/09/lunch-learn-condo-board-member-certification/) - If you are planning to serve on your association board, you probably know that you will need to comply with Florida’s certification requirements within 90 days of being elected.
- [Community Update, Volume 6, 2017](https://www.floridacondohoalawblog.com/2017/09/05/community-update-volume-6-2017/) - Publication Viewer - CUP Vol 6. 2017
- [Can I afford to Grow Old?](https://www.floridacondohoalawblog.com/2017/06/06/can-i-afford-to-grow-old/) - Question: I have been saving up for retirement, but will it be enough if either my spouse or I get sick? My parents seem to be doing fine with money, but my mom was recently diagnosed with dementia, will my dad be able to afford her care? Does the government offer any programs to help
- [Associations Can Require a Key](https://www.floridacondohoalawblog.com/2018/09/17/associations-can-require-a-key/) - Q: I recently received an e-mail from my condominium association asking for a key to my unit. I have a problem with the board having a key to my unit. Am I required to provide a key? Can the association enter my unit at any time? (J.M. via e-mail) A. Florida law gives your association
- [Legal Tools at Your Disposal to Make Your Responsibilities as a Board Member Easier](https://www.floridacondohoalawblog.com/2018/11/16/legal-tools-at-your-disposal-to-make-your-responsibilities-as-a-board-member-easier/) - I often find that there is an over-complication that some people believe goes hand-in-hand with their responsibilities in operating a condominium. Most forget that the statute and administrative code provide boards with some basic tools to assist in day to day operations. This article will review some of these tools. Unit owner participation at meetings.
- [Florida's Proposed "Distressed Condominium Relief Act"](https://www.floridacondohoalawblog.com/2009/04/20/floridas-proposed-distressed-condominium-relief-act/) - Last week the Community Affairs Committee advanced SB 880 with a significant amendment entitled the "Distressed Condominium Relief Act".
- [Term Limits in Bylaws Trump Statute](https://www.floridacondohoalawblog.com/2018/06/10/term-limits-in-bylaws-trump-statute/) - Q: I am writing regarding your recent series of articles on the new condominium legislation. You have stated that the new law imposes term limits of eight years. Our current bylaws impose a six year term limit, no more than three consecutive terms of two years each. Which controls? (A.F. via e-mail) A: In my
- [Associations Should Send Out Billing Notice For Special Assessments](https://www.floridacondohoalawblog.com/2017/09/03/associations-send-billing-notice-special-assessments/) - Question: I recently read one of your prior columns discussing the process for a condominium association to impose a special assessment and you stated that once an assessment has been levied, the Association should send out a notice to the owners setting forth the specific purpose of the special assessment and the amount each unit
- [Community Update, Volume 05, 2016](https://www.floridacondohoalawblog.com/2016/08/09/community-update-volume-05-2016/) - In this Issue: We provide our annual recap of community association happenings at the legislative level. This includes: SB 184 concerning rentals to Service Members SB 130 concerning criminal charges for discharging of firearms HB 971 concerning Community Development Districts SB 190 concerning conservation easements You will also find insight on the Fire Sprinkler Retrofit
- [Why the Florida Legislature Needs to Fix Condo Sprinkler-System Problem | Sun Sentinel Opinion](https://www.floridacondohoalawblog.com/2017/02/14/why-the-florida-legislature-needs-to-fix-condo-sprinkler-system-problem-sun-sentinel-opinion/) - For more than a decade older high-rise condominiums throughout Florida have been discussing, debating, and exercising their legal rights with regard to sprinkler system retrofitting requirements. In 2003, the Florida Legislature responded by allowing each community to vote to opt out of sprinklers inside their units and the right to opt out of installing an
- [Donna DiMaggio Berger Upcoming Interview on WLRN 91.3FM Topical Currents Segment](https://www.floridacondohoalawblog.com/2017/06/02/donna-dimaggio-berger-on-topical-currents-wednesday-june-7-2017/) - Don’t miss shareholder, Donna DiMaggio Berger, the featured guest on WLRN 91.3FM Topical Currents this Wednesday, June 7, from 1-2pm. Donna will discuss what board members, managers and residents need to know about landmark association laws just passed by the Florida Legislature, including how to avoid the new criminal penalties attached to the document inspection
- [“Vaping” Rules Questioned](https://www.floridacondohoalawblog.com/2019/04/14/vaping-rules-questioned/) - Q: We have a few people who “vape” at the swimming pool at our condominium. I complained to one of them once as the fumes were blowing in my direction. They pointed to the “No Smoking” sign posted at the pool and said “there’s no rule against this.” What do you think? (K.G. via e-mail)
- [Special Assessments May Provide Insured Cash Flow After Storm](https://www.floridacondohoalawblog.com/2017/09/24/special-assessments-may-provide-insured-cash-flow-storm/) - Two weeks ago today, Hurricane Irma tore through in Southwest Florida. All things considered, it could have certainly been much worse. However, it was as bad as it gets for those who lost their lives, and some communities suffered relatively substantial property damage. So, over the next several weeks, this column will focus on legal
- [SB 1196 Changes Condo/HOA Official Records and Record Inspection Rights](https://www.floridacondohoalawblog.com/2010/06/05/sb-1196-changes-condohoa-official-records-and-record-inspection-rights/) - Community association leaders and managers should become aware of changes to record inspection obligations now that SB 1196 has been signed into law. Roster List (Condo): The roster list is an important document. Telephone numbers have traditionally been included in the roster list, despite objections over the years. The roster list also includes email addresses
- [Owners Can Add Items to Board Agenda](https://www.floridacondohoalawblog.com/2018/03/25/owners-can-add-items-to-board-agenda/) - Q: In a homeowners’ association, can residents request items be added to the agenda for board meetings, or can only directors do this? If so, is there a deadline by which items must be placed on the agenda in order to give residents adequate notice about the items to be discussed? (S.R. via e-mail) A:
- [No Time Limit to Record Amendments](https://www.floridacondohoalawblog.com/2019/05/12/no-time-limit-to-record-amendments/) - 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
- [“Community Associations Threatened With Website Litigation Under the ADA,” Daily Business Review](https://beckerlawyers.com/community-associations-threatened-with-website-litigation-under-the-ada-daily-business-review/) - In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users.
- [Eligibility to Run for Condominium Board Depends on Governing Documents](https://www.floridacondohoalawblog.com/2017/04/19/eligibility-to-run-for-condominium-board-depends-on-governing-documents/) - Question: The wife of an owner (only the husband is on the deed) is running for the Board of our condominium association. Is she eligible to run for the Board? I thought you had to be an owner under Florida Law to serve on a condominium association Board? D.A. via e-mail Answer: Florida law does
- [Hawn v. Shoreline Towers Phase I Condominium Association, Inc. et. al](https://www.floridacondohoalawblog.com/2009/03/31/hawn-v-shoreline-towers-phase-i-condominium-association-inc-et-al/) - Federal Court Rules in Favor of Condominium Association in Pet Accommodation/Disability Claim.
- [Condominium Board Cannot Wink at House Cats](https://www.floridacondohoalawblog.com/2017/03/06/condominium-board-cannot-wink-at-house-cats/) - Question: Our association has a “no pet” policy, going back to the developer’s original bylaws. The board has generally enforced it, but has let a few elderly owners keep “indoor cats,” since they really do not bother anyone. My neighbor recently purchased a large dog which barks constantly, keeping me awake at night. I filed
- [Names of Fellow Unit Owners Is Public Record](https://www.floridacondohoalawblog.com/2019/03/03/names-of-fellow-unit-owners-is-public-record/) - Q: I am requesting from the association office the names of each unit owner in my condominium association. Is the office legally required to furnish that list to me? (J.G., via e-mail) A: If your request for the names of each unit owner was made in writing, the association is legally required to make them
- [Are E-mails, Instant Messages (IM), & Twitter Transcripts "official" records of the Association? (Round 2)](https://www.floridacondohoalawblog.com/2009/07/14/are-e-mails-instant-messages-im-twitter-transcripts-official-records-of-the-association-round-2/) - E-mails from members of the Board to Association employees are considered official records and must be maintained whether on paper or electronically to ensure compliance with the Florida Condominium Act.
- [Are E-mails, Instant Messages (IM), & Twitter Transcripts "official" records of the Association?](https://www.floridacondohoalawblog.com/2009/06/09/are-e-mails-instant-messages-im-twitter-transcripts-official-records-of-the-association/) - The ever changing trends in technology will keep Associations on their toes about the "official records" aspect of E-mails, Instant Messages (IM), & Twitter Transcripts.
- [Community Update, Volume 07, 2016](https://www.floridacondohoalawblog.com/2016/12/12/community-update-volume-07-2016/) - In this Issue: I Filed Bankruptcy, It’s Not My Problem! Obtain on-going assessments despite an owner’s bankruptcy filing. Words Have Meaning and, Possibly, Meaning Lots of Money Read about the importance of choosing words wisely, not just in speaking, but in contracts, covenants and even Statutes New HUD Guideline Limits the Use of Background Checks
- [Bank Foreclosures Devastate Community Associations](https://www.floridacondohoalawblog.com/2009/02/25/bank-foreclosures-devastate-community-associations/) - A survey conducted by Community Association Leadership Lobby (CALL) confirms problems with community operations and lack of maintenance as a result of foreclosures. Averaged out, over 100 people per day responded to the 2nd Annual Foreclosure Survey conducted by the Community Association Leadership Lobby (CALL). Over ninety (90%) percent of them say first mortgagees should
- [The Project Costs What!?! That Requires A Membership Vote](https://www.floridacondohoalawblog.com/2019/03/21/the-project-costs-what-that-requires-a-membership-vote/) - Condominium Associations are in the maintenance game it seems at times. Just when one project ends, another is beginning. Maintenance is simply a fact of life for all condominiums. A big problem arises in many condominiums, however, when the maintenance project is deemed by the membership to be too expensive as they believe the cost
- [Legislative Review Continues](https://www.floridacondohoalawblog.com/2018/04/29/legislative-review-continues/) - Today’s column is the second installment of our annual review of legislation affecting community associations in Florida.
- [New Laws Can Cause Confusion](https://www.floridacondohoalawblog.com/2017/08/11/new-laws-cause-confusion/) - Question: I read your recent column regarding the new Florida statutes. I am the manager of a homeowners’ association. The maintenance man and I each have a debit card in the association’s name for purchases of materials, emergency repairs, and the like. Under the new legislation, would we be allowed to continue using these cards?
- [Condominium Associations Can Borrow Money](https://www.floridacondohoalawblog.com/2019/05/26/condominium-associations-can-borrow-money/) - Q: My condominium association board recently said it is considering replacing all of the roofs on our buildings and taking out a big loan pay for it. Don’t unit owners have to vote on this? (M.M, via e-mail) A: The Florida Condominium Act does not specifically address the authority of an association to borrow money,
- [Difference Between Ballots and Proxies Explained](https://www.floridacondohoalawblog.com/2017/09/05/difference-ballots-proxies-explained/) - Question: I recently received a package from my condominium association about a meeting that is taking place next week where the owners have to vote to allow the board to change our tennis courts to pickleball courts. There was a proxy included in the package. Can you explain the difference between a proxy and a
- [A Picture is Worth a Thousand Words ...](https://www.floridacondohoalawblog.com/2009/08/31/a-picture-is-worth-a-thousand-words/) - Picture this: the biggest road out of town. Now imagine it is rush hour. In a thunderstorm. Add that it also a hurricane evacuation. A lane is closed due to construction delayed by budget impacts. Imagine the traffic jam.
- [CALL team visits Legislative Town Hall](https://www.floridacondohoalawblog.com/2014/06/13/call-team-visits-legislative-town-hall/) - Today CALL held its first Legislative Town Hall of the year and we were honored to have eight State Legislators in attendance, including Sen. Ring, Sen. Sachs, Sen. Sobel, Rep. Moraitis, Rep. Rogers, Rep. Rodriguez, Rep. Stark, and Rep. Waldman as well as Ft. Lauderdale City Commissioner Dean Trantalis. For those of you that were
- [New Laws Don’t Always Apply](https://www.floridacondohoalawblog.com/2018/09/23/new-laws-dont-always-apply/) - Q: I read your recent column which gave your opinion that the new condominium law on board member term limits is not retroactive. With so many changes to the law every year, how are we supposed to know which new laws apply to us and which ones don’t? (L.S. via email.) A: That is a
- [Donna DiMaggio Berger Interview on WLRN Topical Currents Segment: Association Records & Fraudulent Elections](https://www.floridacondohoalawblog.com/2017/03/28/donna-dimaggio-berger-interview-on-wlrn-topical-currents-segment-association-records-fraudulent-elections/) - Condo and association law shareholder Donna DiMaggio Berger was the featured guest on WLRN 91.3FM’s Topical Currents “At Your Service” edition on March 27 to discuss the bill Florida Legislators have filed which could give Condo and Homeowner Association boards a double-take. If passed, a volunteer board member could face criminal penalties if Association records
- [Adoption of Rules Does Not Necessarily Require Membership Vote](https://www.floridacondohoalawblog.com/2019/07/21/adoption-of-rules-does-not-necessarily-require-membership-vote/) - Doesn’t adoption of new rules require a membership vote? Read more!
- [Websites Regulated by Statute for Larger Associations](https://beckerlawyers.com/websites-regulated-by-statute-for-larger-associations/) - Can the condominium documents be posted to the main homepage or do they have to be posted in a password-protected sub-page of the website?
- [HOA Governing Documents Explained](https://www.floridacondohoalawblog.com/2018/07/01/hoa-governing-documents-explained/) - Q: I recently purchased a home in a development that is under a homeowners’ association. When I purchased, I received “the documents” for our community. I am confused how these documents relate to each other and what the different documents are supposed to mean. Can you clarify the differences between the documents for me? I
- [Criminal Penalty, Fire Sprinkler, Estoppel and HOA Rental Bills](https://www.floridacondohoalawblog.com/2017/03/20/criminal-penalty-fire-sprinkler-estoppel-and-hoa-rental-bills/) - Condo Criminal Penalties Bills Senator Rene Garcia and Representative Jose Felix “Pepi” Diaz filed SB 1682, Relating to Condominiums, and HB 1237, Relating to Condominiums, respectively, which include board member term limits and criminal penalties against volunteer board members for certain violations, including failure to provide access to official records and fraudulent activities related to
- [Delinquent Owners not Eligible for the Board of Directors in Florida Condominiums & HOAs](https://www.floridacondohoalawblog.com/2017/06/12/delinquent-owners-not-eligible-for-the-board-of-directors-in-florida-condominiums-hoas/) - Question: I live in a homeowners’ association and recently submitted my intent to run for the board. However, my name was not included on the ballot that was mailed out to all of the owners. When I asked the association about it, the association said I was not eligible because I had an unpaid $100.00
- [Owner Vote Not Required to Purchase Unit in Foreclosure](https://www.floridacondohoalawblog.com/2019/01/27/owner-vote-not-required-to-purchase-unit-in-foreclosure/) - Q: We have an owner who stopped paying their assessments to our condominium association. The association recorded a lien against the unit and foreclosed. The association was the only bidder at the foreclosure sale. Now some unit owners are saying that the board of directors acted inappropriately and there should have been a vote of
- [Term Limits Continue to Cause Confusion](https://www.floridacondohoalawblog.com/2018/12/17/term-limits-continue-to-cause-confusion/) - Q: The president of our condominium association has been a board member for over 10 years. He just put his name in to run again. Many people are content to let this person run things. I think changes need to be made. Is he allowed to run? (R.J., via e-mail) A: Yes. The recent amendments
- [Community Update, Volumes 7 & 8, 2014](https://www.floridacondohoalawblog.com/2014/08/26/community-update-volumes-7-8-2014/) - Here it is – our Special Legislative Issue of Community Update. This year CALL had significant impact on the new laws and published detailed guides to the legislation. Legislation this year included guidance for associations with respect to abandoned units, requirements for former directors, officers and committee members to turn over association records, fair housing issues
- [Defining a Nuisance in your Community](https://www.floridacondohoalawblog.com/2014/12/31/defining-a-nuisance-in-your-community/) - If you live in a shared ownership community, you have likely heard the term "nuisance" bandied about now and then. It is an unfortunate byproduct of living in close quarters with others that at some point, another person's conduct may impact your enjoyment of your home. A nuisance can be summed up as a condition,
- [Automated External Defibrillator Devices (AEDs) In Florida Condominiums](https://www.floridacondohoalawblog.com/2017/05/01/automated-external-defibrillator-devices-aeds-in-florida-condominiums/) - Question: My condominium association is considering purchasing an “AED” for our clubhouse. From the conversation at the meeting I understand that this is an emergency medical device to use when someone is having a heart attack. Is it appropriate for associations to purchase and install these types of devices? Wouldn’t it create significant liability for
- [Golf Balls and Windows in Florida HOAs](https://www.floridacondohoalawblog.com/2017/05/22/golf-balls-and-windows-in-florida-hoas/) - Question: My home is located near the tee box of the first hole of a local golf course. Periodically (but very infrequently) an errant golf ball strikes my house. Two weeks ago a particularly bad golfer sent a golf ball right through my window, causing considerable damage. I ran out to get their name and
- [Associations Should Proceed with Caution After Storm](https://www.floridacondohoalawblog.com/2017/10/01/associations-proceed-caution-storm/) - Three weeks after Hurricane Irma, power and communications have been restored to most areas. Associations have had time to address their property damage, although under very difficult circumstances, including extended periods of being without electricity. By now, the following list of items should have been accomplished, except perhaps for communities experiencing the most significant damage.
- [E-mails, Instant Messages (IM), Twitter & Board Meetings](https://www.floridacondohoalawblog.com/2009/05/12/e-mails-instant-messages-im-twitter-board-meetings/) - Magazines/Newspapers, TV shows, movies, and radio programs are all a buzz about people communicating instantly through Twitter, IM, e-mails and the like. Too often we are tempted to shoot off an email or see someone on IM and shoot them a quick message and this temptation is seeping into the way in which Board members
- [Community Association Legislative Guide, 2016](https://www.floridacondohoalawblog.com/2016/06/29/community-association-legislative-guide-2016/) - The 2016 Legislative Session ended without any significant piece of community association legislation passing. While there were many bills impacting community associations that were filed and heard in committee, none of the major bills actually made it to the floor of either the House of Representatives or the Senate. Nevertheless, it is important to look
- [Fining Procedures Confound Condominium & Cooperative Boards in Florida](https://www.floridacondohoalawblog.com/2017/03/30/fining-procedures-confound-condominium-cooperative-boards-in-florida/) - Question: Our association tried to fine an owner who violated our rules, but decided the process was too complicated. Can you provide a step-by-step outline of how fines are issued and collected? (M.G. by e-mail) Answer: Fines can be imposed against condominium and cooperative unit owners, occupants, licensees and invitees. The law for homeowners’ associations
- [Community Update, Volume 8, 2016](https://www.floridacondohoalawblog.com/2017/04/05/community-update-volume-8-2016/) - In this Issue: Arbitration Decisions What are They and Where can I Find Them? Review decisions from the Division of Florida Condominiums, Time Shares and Mobile Homes. Paid in Full Learn more on what a restrictive endorsement on an assessment payment from an owner means to your community. Proper Accounting Matters Tips aimed at helping
- [What Bills are Most Likely to Pass in the 2017 Legislative Session?](https://www.floridacondohoalawblog.com/2017/04/24/what-bills-are-most-likely-to-pass-in-the-2017-legislative-session/) - There are two weeks left in the 2017 Legislative Session—assuming it ends on time. Of the many different community association bills that were filed at the beginning of session, the following four (4) sets of bills are the ones that appear to be most likely to pass. Condominium Bills by Sen. Garcia and Rep. Diaz
- [Continuing Legislative Review](https://www.floridacondohoalawblog.com/2018/05/13/continuing-legislative-review-2/) - Today’s column is the fourth installment of our annual review of the new laws affecting community associations and will continue our review of the new laws affecting cooperatives, which will become effective July 1, 2018.
- [The Florida Supreme Court Expanded Insurance Coverage ff Construction Defects Under CGL Policies](https://www.floridacondohoalawblog.com/2009/04/16/the-florida-supreme-court-expanded-insurance-coverage-ff-construction-defects-under-cgl-policies/) - The question before the Court was whether an insured general contractor had coverage for damages caused by the faulty workmanship of the site work subcontractor under a standard CGL policy.
- [Does the Association Need a Building Permit?](https://www.floridacondohoalawblog.com/2009/07/30/does-the-association-need-a-building-permit/) - Does the association need a building permit? On very rare occasions will a building permit not be required. When in doubt, the Association should assume that a permit must be obtained.
- [Competitive Bidding Explained](https://www.floridacondohoalawblog.com/2019/02/03/competitive-bidding-explained/) - Q: My condominium association recently solicited bids for major repairs to our condominium buildings. The cost of the project is several hundred thousand dollars. At the recent board meeting where the contractor was selected, the board discussed all of the bids and voted to proceed with a particular contractor. However, this contractor was not the
- [President Can’t Buck the Association Board in Florida HOAs](https://www.floridacondohoalawblog.com/2017/03/16/president-cant-buck-the-association-board-in-florida-hoas/) - Question: I am one of five directors on my homeowners’ association’s board. After this year’s annual meeting, we elected new officers. The person voted in as president says that he can make any decision he chooses, and does not need a vote from the board. For example, he has said that he can terminate our
- [Can Both Spouses Continue to Serve on the Board?](https://www.floridacondohoalawblog.com/2019/10/28/can-both-spouses-continue-to-serve-on-the-board/) - Sometimes spouses both to take an active part in how their condominium community functions. There is no prohibition on them serving on committees but can they both serve on the board?
- [Can A Director Resign For Any Reason?](https://www.floridacondohoalawblog.com/2018/12/17/can-a-director-resign-for-any-reason/) - Q: My condominium association has one owner who is a malcontent. He is always objecting to everything the Board tries to do and his constant vocal complaining has caused the Board much stress.
- [7 Year Rule Does Not Apply To All Condo Records](https://www.floridacondohoalawblog.com/2016/09/29/7-year-rule-does-not-apply-to-all-condo-records/) - Question: I recently contacted my condominium association asking to review various records since I have some serious questions about how things are being done. I asked to see all the election documents and was told the management company only had last year’s results. I thought records had to be kept for 7 years? (C.O. by
- [Defending Sea Turtle Lighting Code Enforcement Actions](https://beckerlawyers.com/defending-sea-turtle-lighting-code-enforcement-actions/) - Have you or your community association been faced with code enforcement violations related to sea turtle lighting? Even the best intentioned can be faced with such an issue in a coastal community.
- [Shedding Light on Sea Turtle Lighting](https://beckerlawyers.com/shedding-light-on-sea-turtle-lighting/) - The Florida Fish and Wildlife Conservation Commission (FWC) and coastal local governments regulate what lighting is permitted to avoid and minimize the impacts to sea turtles, but why is artificial coastal lighting a problem?
- [Back to Basics](https://www.floridacondohoalawblog.com/2019/12/04/back-to-basics/) - There are articles every month covering community association issues, which you can find from a plethora of sources. This magazine, other similar magazines, national magazines, newspaper articles, everyone’s favorite blog, attorney resources, Internet, etc. Most of these articles deal with specific issues, such as short term rentals, or emotional support animals, or the latest case
- [“Back to Basics,” FCAP Managers Report](https://beckerlawyers.com/back-to-basics-managers-report/)
- [Dos and Don’ts for HOA Board Members When It Comes to E-Discovery](https://www.floridacondohoalawblog.com/2019/11/26/dos-and-donts-for-hoa-board-members-when-it-comes-to-e-discovery/) - You were just elected as a member of the board for your association and with that election comes a series of responsibilities. With so many people living in your building, along with those who service the building, odds are you may deal with a legal issue or two during your tenure. If any of these
- [Why Should Your Community Consider Trademarking Its Name and Logo?](https://www.floridacondohoalawblog.com/2019/11/26/why-should-your-community-consider-trademarking-its-name-and-logo/) - Many communities rely upon name recognition and a certain style logo to attract attention from potential new purchasers as well as to enhance real property values for existing owners. I live in a country club community that has a distinct font and logo which is intentionally highlighted on our association website, advertisements, business cards, stationary,
- [The Use of a Power of Attorney Document at Association Meetings and Elections](https://www.floridacondohoalawblog.com/2019/11/26/the-use-of-a-power-of-attorney-document-at-association-meetings-and-elections/) - A power of attorney (“POA”) is a legal document delegating authority (specific rights set forth in the POA) from one person (the principal) to another (the agent). Association boards and managers may have encountered these from members who wish to designate someone else to act on their behalf and many questions arise as a result.
- [Are Signed Condominium Election Ballots Valid?](https://www.floridacondohoalawblog.com/2019/11/26/are-signed-condominium-election-ballots-valid/) - For the most part, voting in a condominium election is supposed to be by secret ballot but many times owners sign their ballots. Does this invalidate the ballot? No, it does not. This issue was addressed in the arbitration case of Alvarez v. Club Atlantis Condominium Association, Inc. In this case an association rejected ballots
- [Say What?](https://www.floridacondohoalawblog.com/2019/11/26/say-what/) - In terminating a third party vendor, a board of directors must be careful in disseminating information concerning the basis for its decision - especially if the decision was due to poor performance or contractual violations by the vendor. In Florida, a cause of action for defamation can be brought against a corporation, including specifically, a
- [“Condo Boards Can’t Turn Down Applicants Just Because They Don’t Like Them,” Miami Herald](https://beckerlawyers.com/opinion-condo-boards-cant-turn-down-applicants-just-because-they-dont-like-them-miami-herald/) - “If I like you, you’re in.” Those words were uttered by the board president of the first condominium unit I bought right out of law school. At the time, I wasn’t going to quibble about whether or not this screening procedure was legitimate.
- [“Can Both Spouses Continue to Serve on the Board?” Naples Daily News](https://beckerlawyers.com/can-both-spouses-continue-to-serve-on-the-board-naples-daily-news/) - Q: My condominium association’s board is comprised of 8 board members, with directors serving 2-year terms. At the 2018 Annual Meeting there were four persons...
- [Solar Panels & HOAs - Can They Be Restricted?](https://www.floridacondohoalawblog.com/2019/07/25/solar-panels-hoas-can-they-be-restricted/) - While solar panels are often considered unsightly, they are a renewable energy device. For an individual home, they must be permitted by a homeowners association. However, they can be regulated.
- [What’s Up with All This Traffic? The Impact of Neighboring Development on Community Association Roads.](https://www.floridacondohoalawblog.com/2019/07/25/whats-up-with-all-this-traffic-the-impact-of-neighboring-development-on-community-association-roads/) - Whether you know it or not, the roads traveling through your subdivision are likely easements created for the purpose of providing ingress/egress access to public streets.
- [How to Find an Effective Community Association Lawyer](https://www.floridacondohoalawblog.com/2019/07/25/how-to-find-an-effective-community-association-lawyer/) - Community association law is an area of practice that has experienced considerable growth in the past few years. As a result, many unqualified lawyers are...
- [Sea Level Rise: Forewarned is Forearmed](https://www.floridacondohoalawblog.com/2019/07/25/sea-level-rise-forewarned-is-forearmed/) - We have all heard the environmentalists’ cry about the Dead Sea shrinking. Water levels are falling at an average rate of three feet per year due to evaporation and human diversion of tributaries.
- [Former Felon Board Member Eligibility](https://beckerlawyers.com/former-felon-board-member-eligibility/) - Fla. Stat. §§ 718.112, 719.106 and 720.306 each contain a limitation on an individual’s ability to serve on a community association board of directors if the person is a convicted felon.
- [Hiring Your Own Public Adjuster – A Survey and Chance to WIN $100](https://www.callbp.com/insight/2019/08/hiring-your-own-public-adjuster-a-survey-and-chance-to-win-100/) - Insurance claims are inevitable in the lifespan of every Florida community. Fully understanding the claims process and navigating the potential land mines is crucial..
- [What Notice is Required for a Rule Amendment?](https://www.floridacondohoalawblog.com/2019/08/30/what-notice-is-required-for-a-rule-amendment/) - Where a condominium association’s governing documents authorize the board of directors to promulgate rules regulating the use of the units and/or the common elements...
- [E-Notice for Everyone](https://www.floridacondohoalawblog.com/2019/08/30/e-notice-for-everyone/) - It is 2019 and e-mail has, for many, replaced the U.S. Postal service and our voicemails. In the community association setting, many boards send their...
- [Why Community Associations Should Check Their Zoning and Entitlement History](https://www.floridacondohoalawblog.com/2019/10/28/why-community-associations-should-check-their-zoning-and-entitlement-history/) - Zoning laws are enacted by villages, towns, cities, or counties to control the types of uses and the parking ratio, intensity, density, and dimensions of those uses.
- [Must Condo Minutes Be Kept Forever?](https://www.floridacondohoalawblog.com/2018/08/20/must-condo-minutes-be-kept-forever/) - I heard that a new law for condominium associations mandates that all the minutes of all meetings of the association must be permanently maintained. Is this correct? W.T. via e-mail
- [Developments Regarding New Term Limit Law](https://www.floridacondohoalawblog.com/2019/02/19/developments-regarding-new-term-limit-law/) - In your September column you addressed the new term limit law for condominium association directors. Have there been any developments regarding this law since your September column was published? T.W.
- [Are Signed Election Ballots Valid?](https://www.floridacondohoalawblog.com/2019/04/26/are-signed-election-ballots-valid/) - At the recent annual meeting for my condominium there was a hotly contested election. Several ballots were signed by owners, thus no longer making them secret. The association rejected these votes. Should those votes have counted? A.P. 
- [Florida HOA Board Must Follow Correct Rule Procedures](https://www.floridacondohoalawblog.com/2017/03/27/florida-hoa-board-must-follow-correct-rule-procedures/) - Our homeowners’ association documents say that the board can adopt rules, but don’t spell out how to do it. What procedures that must be followed? Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members?
- [Florida HOA Boards Must Follow Correct Rule Procedures](https://www.floridacondohoalawblog.com/2017/04/04/florida-hoa-boards-must-follow-correct-rule-procedures/) - Question: Our homeowners’ association documents say that the board can adopt rules, but don’t spell out how to do it. What procedures that must be followed? Can the board adopt a rule at a regular meeting and then enforce it the next day without providing any special notice to the members? (R.L. by e-mail)
- [Hurricane Irma: An Important Message from Becker & Poliakoff](https://www.floridacondohoalawblog.com/2017/09/06/hurricane-irma-important-message-becker-poliakoff/) - In light of Hurricane Irma’s impending landfall, we urge you to take all necessary measures to ensure your safety and the safety of your loved ones. 
- [Important Information for Post-Hurricane Recovery](https://www.floridacondohoalawblog.com/2017/09/14/important-information-post-hurricane-recovery/) - All of us at Becker & Poliakoff hope that you and your loved ones are safe. With Hurricane Irma relief efforts now underway, our thoughts remain with those impacted by the storm.
- [Legislative Review Continues](https://www.floridacondohoalawblog.com/2018/05/20/legislative-review-continues-2/) - Today’s column continues our annual review of legislation affecting Florida community associations, effective July 1, 2018.
- [Emails as Association Official Records](https://www.floridacondohoalawblog.com/2018/03/20/emails-as-association-official-records/) - Whether you live in a condominium, cooperative or homeowner association, the Statute governing your community defines the term “official records.” In defining official records, each Statute has a catch-all provision.
- [Continuing Legislative Review](https://www.floridacondohoalawblog.com/2018/05/06/continuing-legislative-review/) - Today’s column is the third installment of our annual review of the new laws affecting condominium associations and will begin to review the new laws affecting cooperatives, which will become effective July 1, 2018.
- [Can Director Resign for Any Reason?](https://www.floridacondohoalawblog.com/2019/04/17/can-director-resign-for-any-reason/) - I have met with many boards over the years and often find that they are tireless volunteers who due to malcontents in the community being unappreciative and rude chose to resign from the Board rather than continue dealing with the drama. The Florida Not For Profit Corporation Act (Chapter 617, Florida Statutes), which applies to
- [Leftover Funds Must Be Returned or Credited](https://www.floridacondohoalawblog.com/2019/07/28/leftover-funds-must-be-returned-or-credited/) - Q: Our association levied a special assessment after Hurricane Irma for cleaning up our property and repairing some minor damage to the buildings.
- [Staggered Terms Explained](https://www.floridacondohoalawblog.com/2018/01/21/staggered-terms-explained/) - The board of my condominium association is elected for “staggered terms” according to our bylaws. What does this mean?
- [Becker’s Community Columnists](https://www.floridacondohoalawblog.com/2019/10/29/beckers-community-columnists/) - Community Association Practice Group Shareholders Donna DiMaggio Berger, David Muller, and Joseph Adams write columns for the Miami Herald, the Naples Daily News, and News-Press, respectively. These columns cover hot button community association issues. Whether you are a board member or community manager, look for these informative articles pertaining to Emotional Support Animals, short-term rentals, annual meeting requirements, and more.
- [Slow Your Roll: How to Address Speeding Issues in Your Association](https://www.floridacondohoalawblog.com/2019/10/28/slow-your-roll-how-to-address-speeding-issues-in-your-association/) - Speeding is a big problem for many community associations -- a problem that is not always easily addressed or corrected. How can your board slow the speed of traffic in your community?
- [Make Your Vote Count at This Year’s Condominium Election](https://www.floridacondohoalawblog.com/2019/10/28/make-your-vote-count-at-this-years-condominium-election/) - Many condominiums throughout the state are getting ready for their annual meeting. This means that election season is also underway as the election occurs at the time of the annual meeting.
- [“Notice of Annual Meeting Requirement,” Naples Daily News](https://beckerlawyers.com/notice-of-annual-meeting-requirement-naples-daily-news/) - The manager of my condominium association sent out the first notice of annual meeting and election late.
- [“Opinion: Bill Would Benefit Condo Communities by Cutting Down on Support-Animal Fraud,” Miami Herald](https://beckerlawyers.com/opinion-bill-would-benefit-condo-communities-by-cutting-down-on-support-animal-fraud-miami-herald/) - Private residential communities currently deal with a plethora of Emotional Support Animal (ESA) requests, however there may be hope on the horizon. Newly filed bill, HB 209, could help grant some relief to those who are trying to fraudulently pass off their furry (or scaly companions), if it passes in the 2020 Florida legislative session. Donna DiMaggio Berger explains in her column for the Miami Herald.
- ["Preparing for a Busy Fall Season," FLCAJ](https://www.floridacondohoalawblog.com/2019/10/09/preparing-for-a-busy-fall-season-flcaj/) - Because most association fiscal years and elections coincide with the end of the calendar year, preparations should be underway for a busy fall season. Here are a few tips to ease the process:
- ["How Does Your Collections Policy Stack Up?," FLCAJ](https://www.floridacondohoalawblog.com/2019/10/08/how-does-your-collections-policy-stack-up-flcaj/) - Collection of your community’s assessments is critical to maintaining a steady flow of income to support the association’s maintenance responsibilities and maintain the association’s overall fiscal health. Yet with the more urgent day-to-day demands on property managers and volunteer board members, collections can often be neglected or completely overlooked. 
- [Attorneys Need Not Always Be Your Attack Dog](https://www.floridacondohoalawblog.com/2019/09/26/attorneys-need-not-always-be-your-attack-dog/) - While it is great to have an attorney ready to bite off the head of that curmudgeon of an owner who violates every rule, or that contractor who refuses to meet the deadlines set forth in your negotiated contract, many times, the attorney is there for risk management and education.
- [Adapting to Short-Term Rentals: What You Need to Know About Restrictions](https://www.floridacondohoalawblog.com/2019/09/26/adapting-to-short-term-rentals-what-you-need-to-know-about-restrictions/) - Last month, our CUP touched on the fact that in the City of Miami Beach, illegal rentals might mean jail time. The problem, however, is not limited to beach front condominiums. Many single family home and townhome communities are facing similar issues.
- [“Who Said What?”  When Members Use Social Media and Other Platforms to Inappropriately Communicate about Association Business - Part II](https://www.floridacondohoalawblog.com/2019/09/26/who-said-what-when-members-use-social-media-and-other-platforms-to-inappropriately-communicate-about-association-business-part-ii/) - Some people use social media platforms like Twitter or Instagram to post pictures of their adorable sleeping kittens or the jumbo triple chili cheese hot dog they had for lunch. For others, social media platforms like Facebook, or TownSquare, are perfect (cost-effective) tools which can be used by anyone with an active account to unleash their verbal wrath on anyone, or anything, so deserving.
- [Americans With Disabilities Act (“ADA”) Accessibility for Websites](https://www.floridacondohoalawblog.com/2019/09/26/americans-with-disabilities-act-ada-accessibility-for-websites/) - It is unclear from the current case law, guidance, and the ADA, whether a condominium association, with short term stays of thirty (30) days or less, must provide an accessible website for people with disabilities.
- [“How much can be charged in transfer fees?” Naples Daily News](https://beckerlawyers.com/how-much-can-be-charged-in-transfer-fees-naples-daily-news/) - How much can a condominium association charge to review and approve a lease application received from a proposed annual renter? 
- [“Reduce the Stress of Election Season,” FLCAJ](https://www.floridacondohoalawblog.com/2019/09/12/reduce-the-stress-of-election-season-flcaj/) - As most community associations hold their annual meetings, elections, and budget meetings toward the end of the calendar year, it is important to keep in mind all the details that have to be straightened out weeks, and even months.
- [“For Some Condo Associations, ‘short-term rentals’ are Dirty Words,” Miami Herald](https://beckerlawyers.com/for-some-condo-associations-short-term-rentals-are-dirty-words-miami-herald/) - Short-term rentals are “dirty words” in some condominium, cooperative, and homeowners associations’ vocabularies. A large number of residents and board members believe that platforms like Airbnb will increase crime and nuisances in their communities.
- [Illegal Rentals Might Mean Jail Time](https://www.floridacondohoalawblog.com/2019/08/30/illegal-rentals-might-mean-jail-time/) - Owners with illegal unit rentals can end up in jail. At least they can if they live in Miami Beach. The City of Miami Beach is on the forefront of municipalities cracking down on illegal Airbnb rentals. The city announced it will prosecute hosts who provide fake business license numbers in order to list their properties on the site. The penalty is 60 days of jail time and/or a $500 fine.
- [“Who Said What?” Board Officers Should be Careful how They Handle Their Official vs. Personal Communications to Members - Part I](https://www.floridacondohoalawblog.com/2019/08/30/who-said-what-board-officers-should-be-careful-how-they-handle-their-official-vs-personal-communications-to-members-part-i/) - There is no doubt that technology has significantly improved the way communities and neighbors interact and communicate with one another. The sheer number of social media applications and web-based platforms available to individuals and community associations make it easy for information (and misinformation) to be disseminated quickly among hundreds, if not thousands, of individuals in a matter of seconds with a simple key stroke or the click of a mouse.
- [“Weathering The Storm: A Top 10 List For Condo and HOA Boards,” Miami Herald](https://beckerlawyers.com/weathering-the-storm-a-top-10-list-for-condo-and-hoa-boards-miami-herald/) - Storm season is stressful for all Floridians, but for volunteer board members, the stakes are higher.
- [Volunteer Help:  Friend or Foe to a Community?](https://www.floridacondohoalawblog.com/2018/02/14/volunteer-help-friend-foe-community/) - Many community associations face substantial budgetary shortfalls on a yearly basis. As such, the use of volunteer labor may look like an attractive proposition to some associations. While saving money should be of paramount importance, not all free glitter is gold. In fact, relying on volunteer help may expose a community association to certain risks
- [Hiring your own Public Adjuster – A Survey and Chance to WIN $100](https://www.callbp.com/insight/2019/08/hiring-your-own-public-adjuster-a-survey-and-chance-to-win-100/)
- [No Cooling Off Period Required After Failed Amendment](https://www.floridacondohoalawblog.com/2019/07/14/no-cooling-off-period-required-after-failed-amendment/) - Doesn’t the Association have to wait some period of time before there is a new vote on failed amendments?
- [Airbnb and Your Community – A Survey and Chance to WIN $100](https://www.callbp.com/insight/2019/07/airbnb-and-your-community-a-survey-and-chance-to-win-100/) - As many of you may know, SB 824 sponsored by Senator Diaz, would have made it much more difficult for your private residential community to restrict Airbnb.
- [Airbnb and Your Community – A Survey and Chance to WIN $100](https://www.callbp.com/insight/2019/07/airbnb-and-your-community-a-survey-and-chance-to-win-100/) - As many of you may know, SB 824 sponsored by Senator Diaz, would have made it much more difficult if not impossible for your private residential community to restrict or prohibit short-term rental activity on internet platforms like Airbnb. While that ...
- [Owners Can Record Meetings; Free Speech Rights Unclear](https://www.floridacondohoalawblog.com/2019/07/07/owners-can-record-meetings-free-speech-rights-unclear/) - The Florida Condominium Act permits condominium unit owners to “tape record or videotape” meetings. Does this violate free speech?
- [Audit Requirements Depend On Revenue](https://www.floridacondohoalawblog.com/2019/06/30/audit-requirements-depend-on-revenue/) - Doesn’t every association have to have an annual audit? Read on!
- [“Apathy is Everywhere,” Florida Community Association Journal](https://beckerlawyers.com/apathy-is-everywhere-florida-community-association-journal/) - Rising sea levels are an important issue which cannot be ignored, especially coastal ones, to be resilient and prepared for expected adverse effects.
- [“Pay Attention to Rising Sea Levels,” Florida Community Association Journal](https://beckerlawyers.com/pay-attention-to-rising-sea-levels-florida-community-association-journal/) - The erosion of civility in our society has begun to manifest itself in private residential communities. This lack of civility comes in many forms, from rudeness to other residents, staff, and contractors on the property and disruptive behavior at meeti...
- [Special Assessments in Condo](https://www.floridacondohoalawblog.com/2019/06/20/special-assessments-in-condo/) - Special assessments happen. During the life of a condominium building some unexpected expenses are going to arise. Read more on Florida Condo & HOA Blog!
- [PSA: Condominiums and Websites](https://www.floridacondohoalawblog.com/2019/06/20/psa-condominiums-and-websites/) - It is required that official records be accessible through a password protected area of a website. Read more on Florida Condo & HOA Law Blog!
- [Directors Voting – Dispelling Myths](https://www.floridacondohoalawblog.com/2019/06/20/directors-voting-dispelling-myths/) - Every director who sits on the board of a homeowners association gets a voice in the operations of the association. Read more on FL Condo & HOA Blog!
- [Decoding Municipal Code Violations](https://www.floridacondohoalawblog.com/2019/05/29/decoding-municipal-code-violations/) - Have you received a letter from your City stating that you are in violation of their Code? It can cause much anxiety, especially as the letter may not be written in a way that makes sense
- [“How to stop the erosion of civility in community associations,” Sun Sentinel](https://www.floridacondohoalawblog.com/2019/05/29/how-to-stop-the-erosion-of-civility-in-community-associations-sun-sentinel/) - Raised voices, reddened faces and angry gestures. You might think you are watching a Congressional hearing on C-SPAN, but you are at your community’s board meeting. What do you do?
- [“Recent Developments Concerning Director Term Limit Law,” Naples Daily News](https://beckerlawyers.com/recent-developments-concerning-director-term-limit-law-naples-daily-news/) - In previous columns you addressed the new term limit law for condominium association directors. Have there been any developments regarding this law since your last column on this topic (from a few months ago)?
- [Agency Revisits Term Limit Issue](https://www.floridacondohoalawblog.com/2019/06/10/agency-revisits-term-limit-issue/) - In 2017, the Florida Legislature passed a law which stated that condominium directors could not serve more than 4 consecutive 2-year terms, essentially creating an 8-year term limit.
- [Lee County Wants To Speed Up Hurricane Cleanup](https://www.floridacondohoalawblog.com/2019/06/23/lee-county-wants-to-speed-up-hurricane-cleanup/) - Lee County has information for homeowners’ association leaders. Professional property managers and residential community associations can now take steps to protect their communities in the event of a hurricane or other declared major disaster in Lee County.
- [HOA Board Meetings Must Be Open](https://www.floridacondohoalawblog.com/2019/06/16/hoa-board-meetings-must-be-open/) - Does a developer-controlled homeowners’ association have to hold open and noticed board meetings? Read more!
- [Donna DiMaggio Berger Appears on Money Matters Top Tips Podcast](https://www.floridacondohoalawblog.com/2019/06/06/donna-dimaggio-berger-appears-on-money-matters-top-tips-podcast/) - Shareholder Donna DiMaggio Berger appeared on the Money Matters Top Tips Podcast with host Adam Torres. Read more!
- [Hurricane Shutter Law Explored](https://www.floridacondohoalawblog.com/2019/06/03/hurricane-shutter-law-explored/) - Hurricane shutter law can be a bit confusing for those who aren't familiar. Read on for more information!
- [Quorum and Amendment Vote Different](https://www.floridacondohoalawblog.com/2019/05/19/quorum-and-amendment-vote-different/) - Q: There has been confusion in my homeowners’ association regarding the vote required to approve amendments. We understand that the law states that the quorum for a members’ meeting cannot exceed 30% of the membership. However, our documents state that two-thirds of all owners must vote to approve amendments to our declaration. Is that legal?
- [Premises Liability for Failure to Enforce](https://www.floridacondohoalawblog.com/2019/05/16/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
- [What Can a Board Do about a Rude Officer or Director?](https://www.floridacondohoalawblog.com/2019/05/16/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
- [Does This Alteration to the Condominium Require Membership Approval?](https://www.floridacondohoalawblog.com/2019/05/16/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 1971). If any
- [Reality TV and Community Associations](https://www.floridacondohoalawblog.com/2019/05/16/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 unit, an
- [Hiring Management Company is Board Decision](https://www.floridacondohoalawblog.com/2019/05/05/hiring-management-company-is-board-decision/) - Q: The board of my homeowners’ association wants to hire a management company. They say it is too much work. We are a small development with very little common property, and we have always been self-managed. A number of us feel that if the board is going to saddle us with this extra expense, it
- [Different Laws Govern Associations](https://www.floridacondohoalawblog.com/2019/04/28/different-laws-govern-associations/) - Q: My community has both single-family homes and townhouses. A question has arisen as to whether the laws that govern condominium associations or homeowners’ associations apply. Can you clarify this for us? (B.K., via e-mail) A: The answer would depend on the language of the governing documents for your association. Condominiums are governed by Chapter
- [Names of Unit Week Owners not Available in Timeshare Condominiums](https://www.floridacondohoalawblog.com/2019/04/21/names-of-unit-week-owners-not-available-in-timeshare-condominiums/) - Q: You recently published an article stating that the names of fellow unit owners are a public record. Is the rule the same for timeshare condominium associations? A: No. When it comes to providing the names (and other information) of owners of a timeshare, the “rules” are different. Unlike the Condominium Act (Chapter 718, Florida
- [ICYMI: Enforcement Tool Belt - Fining/Suspension](https://www.floridacondohoalawblog.com/2019/04/17/enforcement-tool-belt-fining-suspension/) - In the proverbial “tool belt” of enforcement options available to an association for violations of the rules and regulations, the imposition of fines and suspensions is one that we frequently get questions about due to the procedures that must be followed. If the process is not followed properly, it may result in invalidation of the
- [Election Voting Assistance](https://www.floridacondohoalawblog.com/2019/04/17/election-voting-assistance/) - In the Condominium Act, it is very clear that only a unit’s owner can vote in election. That means that an election can’t be decided through the use of proxies (limited or general). There is an exception for associations with fewer than ten units who have voted to follow a different voting procedure. In such
- [Can an Association Be Held Liable for Discriminatory Conduct of Residents?](https://www.floridacondohoalawblog.com/2019/04/17/can-an-association-be-held-liable-for-discriminatory-conduct-of-residents/) - On a daily basis we read about acts of hatred and discrimination occurring in our society. As residential communities are microcosms of the society at large, associations, too, are increasingly faced with determining how to deal with such issues. Legal precedent has established that associations may be held liable for discriminatory acts committed by its
- [HOA Board Can Purchase Bulk Cable and Internet](https://www.floridacondohoalawblog.com/2019/04/07/hoa-board-can-purchase-bulk-cable-and-internet/) - Q: The board of directors of my homeowners’ association is considering a bulk contract for cable television and internet service for our community. The association has never previously provided cable or internet service to the residents. If the contract is signed, all of the owners would be forced to pay for the service as part
- [Hoarders Present Difficult Challenges for Association](https://www.floridacondohoalawblog.com/2019/03/31/hoarders-present-difficult-challenges-for-association/) - Q: Our condominium has a “hoarder” whose unit is filled with papers, newspapers, cardboard, plastic bags, and the like. I am worried about fire hazards and vermin infestation. Neither our board nor the manager are willing to do anything about this. Does Florida law provide me with any way to cure this situation? (H.R., via
- [What is “Cumulative Voting” and Is It Permissible?](https://www.floridacondohoalawblog.com/2019/03/24/what-is-cumulative-voting-and-is-it-permissible/) - Q: If the ballot sent to every homeowner states you may vote up to five candidates and no more, can you cast all five votes for just one person and have that ballot counted as five votes versus one vote? (S.D., via e-mail) A: It depends on the provisions of your homeowners’ association’s governing documents.
- [Raffles and Games of Chance: A Gamble for Community Associations](https://www.floridacondohoalawblog.com/2019/03/21/raffles-and-games-of-chance-a-gamble-for-community-associations/) - Historically, gambling was only illegal when it became a public nuisance. See Lee v. City of Miami, 121 Fla. 93, 163 So. 486 (1935). Today, although gambling is not generally prohibited, almost all forms of gambling are either prohibited by Florida law or heavily restricted. Given the potential for condominiums, co-ops, and homeowners associations or
- [Avoid a Gridlock – Educate, Communicate & Plan](https://www.floridacondohoalawblog.com/2019/03/21/avoid-a-gridlock-educate-communicate-plan/) - When strangers come together as a new board of directors for a community association, they may find they have such differing views on what is best for the building that they can feel as though they are in a no win scenario. While working to find a creative solution to the problem is something we
- [Is This a Conflict?](https://www.floridacondohoalawblog.com/2019/03/21/is-this-a-conflict/) - The board member in a homeowners association just hired the same pool company that is used by the association. Conflict? Not necessarily. There are provisions within the Homeowners Association Act which prohibit contracts between an association and a company when one of the board members from the association has a financial interest in the subject
- [Adopting Short Term Rental Restrictions](https://www.floridacondohoalawblog.com/2019/03/21/adopting-short-term-rental-restrictions/) - Published by: Naples Daily News Editor’s Note: David G. Muller is a Board Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A., which represents community associations throughout Florida, with offices in Naples, Fort Myers and 10 other Florida cities. The Firm focuses a substantial amount of its practice on condominium and
- [Not All Notices Can Be Sent By E-mail](https://www.floridacondohoalawblog.com/2019/03/17/not-all-notices-can-be-sent-by-e-mail/) - Q: What legal notices does my association have to send to me, if any by U.S. mail. I signed an electronic notice authorization but keep getting a lot of association paperwork in the mail? (A.K., via e-mail) A: Associations are generally required to send notices for membership meetings, committee meetings that require notice under the
- [Mutual of Omaha's 10th Annual Leadership Summit](https://www.floridacondohoalawblog.com/2019/03/12/mutual-of-omahas-10th-annual-leadership-summit/) - Community Association Shareholder Donna DiMaggio Berger will deliver the keynote presentation on mindful management at Mutual of Omaha's 10th Annual Leadership Summit on March 21st. The Summit is the premier event in community management, offering a unique opportunity to interact and network with peers while learning from visionary speakers.
- [Board Can Regulate Alcohol on Common Property](https://www.floridacondohoalawblog.com/2019/03/10/board-can-regulate-alcohol-on-common-property/) - Q: Our condominium association board recently made a rule that no beer, wine, or liquor can be brought into our swimming pool area. This came about because of one situation where some people got out of hand. Many of us enjoy socializing during “happy hour” around our pool. This seems like overkill and possibly illegal.
- [Associations Concerned with Proposed Development](https://www.floridacondohoalawblog.com/2019/01/14/associations-concerned-with-proposed-development/) - South Florida is growing. Just look at the skyline in any reasonable-sized municipality, and you’re bound to see cranes, new condos, strip malls, and housing developments. While development can be beneficial and add tax revenue, the concerns of the existing community must be taken into consideration so that “smart growth” is the overriding principle and
- [Reserves Must Be Fully Funded Unless Waived](https://www.floridacondohoalawblog.com/2019/02/17/reserves-must-be-fully-funded-unless-waived/) - Q: Our condominium association just had a reserve study done for the first time in our twenty-year plus history. We learned that all of the funds we have set up are inadequate. The board said that to catch up the reserves would double our assessment, so they want to phase in the increase. Can they
- [Fines and Board Eligibility](https://www.floridacondohoalawblog.com/2019/02/12/fines-and-board-eligibility/) - Many times, associations are challenged by owners who believe their names were improperly kept off the election ballot because the owner did not agree that they owed a fine. The Condominium Act states that a person who is delinquent in the payment of any monetary obligation to the association is not eligible to be a
- [#MeToo – What is Old is New](https://www.floridacondohoalawblog.com/2019/02/12/metoo-what-is-old-is-new/) - You have to be living under a rock if you have not heard of the #MeToo movement. Although stories of sexual harassment in the workplace are nothing new and the law prohibiting sexual harassment has been around for almost 30 years, it seems as though stories of sexual harassment in the workplace are being told
- [The Subrogation Situation](https://www.floridacondohoalawblog.com/2019/02/12/the-subrogation-situation/) - With increasing frequency, insurance companies that provide unit owner insurance are suing community associations to recover payments made to the unit owner that are related to water leaks in the unit. The problem with these lawsuits is two-fold. First, the insurance companies are waiting years to bring them, although still within the statute of limitations
- [How the Lessons Learned in Elementary School Will Help Your Association](https://www.floridacondohoalawblog.com/2018/11/30/how-the-lessons-learned-in-elementary-school-will-help-your-association/) - I am a schoolteacher’s son. I am married to a schoolteacher, and I have two school-aged children who just started another year of elementary school this month. So, I have seen and understand all of the work and effort that schoolteachers and parents put in throughout the course of a school year. But everyone works
- [Association Cannot Restrict Board to Florida Residents](https://www.floridacondohoalawblog.com/2019/02/10/association-cannot-restrict-board-to-florida-residents/) - Q: The board of my condominium association seems to always be stacked with seasonal residents who want things nice for the few months they are there, and to cut costs for the rest of the year. A group of year-round residents would like to start a petition to change our bylaws to require that board
- [Can Directors Vote Via E-Mail?](https://www.floridacondohoalawblog.com/2019/01/21/can-directors-vote-via-e-mail/) - Q: I heard there was a recent change in the law which now prevents Board Members in a homeowners association from voting on matters via e-mail. Can you confirm this? Y.C. via e-mail A: You are correct that this change in the law for homeowners associations became effective on July 1, 2018. This change brought
- [Subdivision Lots Subject to Easement Rights](https://www.floridacondohoalawblog.com/2019/01/20/subdivision-lots-subject-to-easement-rights/) - Q: What homeowners’ association activity is allowed within “access easements” and “lake maintenance easements?” We own the title to our lots but these easements against our property are set forth in our documents. Does this give the association or other owners the right to come on our property? (J.S., via e-mail) A: The answer to
- [Penalties for Financial Reporting Violations](https://www.floridacondohoalawblog.com/2019/01/14/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 a
- [Performing Rights for Organizations and Associations](https://www.floridacondohoalawblog.com/2019/01/14/performing-rights-organizations-and-associations/) - So your community association has survived Hurricane Irma and completed all the repairs. In celebration of this milestone, the association decided to hold a community wide cookout with live music. The celebration was a success and thoroughly enjoyed by everyone. Now, two weeks later, you are in receipt of a certified letter from a Performing
- [Estoppel Certificates](https://www.floridacondohoalawblog.com/2019/01/14/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 a
- [FL Division of Condos Proposes Greater Financial Penalties on Associations](https://www.floridacondohoalawblog.com/2018/08/06/fl-division-of-condos-proposes-greater-financial-penalties-on-associations/) - Florida condominiums, cooperatives and, to a lesser degree, homeowners' associations are subject to the imposition of fines and penalties by the Division of Florida Condominiums, Timeshare and Mobile Homes ("Division") for a variety of mistakes and missteps. The Division plans to pass sweeping changes to Chapter 61B-21 of the Florida Administrative Code which may go
- [Hurricane Insurance Claims for Condominium Associations](https://www.floridacondohoalawblog.com/2019/01/11/sanjay-kurian-hurricane-insurance-claims-for-condominium-associations-flcaj-magazine/) - There is a lot of information on how associations can prepare for hurricanes but much less information as to what happens after the hurricane, particularly as it pertains to insurance claims. A question that managers and board members need to consider is, what is required after a hurricane to ensure compliance with your insurance policy
- [Avoiding Defense of Selective Enforcement](https://www.floridacondohoalawblog.com/2019/01/14/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 of
- [Complaint Against Neighbor Not Confidential](https://www.floridacondohoalawblog.com/2019/01/13/complaint-against-neighbor-not-confidential/) - Q: I recently wrote a letter to the board of directors of my condominium association complaining about constant noise from my neighbor. I then learned that my neighbor was given a copy of the letter. Isn’t this supposed to be confidential? I do not really know him that well and do not want to be
- [Estoppel Certificates Explained](https://www.floridacondohoalawblog.com/2018/12/30/estoppel-certificates-explained/) - Q: Our small condominium is self-managed. We recently received a letter from a title insurance company telling us we are required to give them an “estoppel letter” within the next ten days. No one on our board knows what that term means. We did some internet research and see that it involves closings. Can you
- [Rental Violations Can Be Frustrating](https://www.floridacondohoalawblog.com/2019/01/06/rental-violations-can-be-frustrating/) - Q: Our condominium has a three month minimum rental term. However, there seem to be people coming and going all the time, often bringing suitcases like they are checking into a hotel. I know of at least one case where during conversation with a “guest” at the swimming pool, they commented on what a good
- [Who Replaces Condominium Building Windows?](https://www.floridacondohoalawblog.com/2018/12/23/who-replaces-condominium-building-windows/) - Q: The windows in my condominium unit need to be replaced. My condominium association is stating that windows are my responsibility. Because the windows are part of the exterior building, doesn’t Florida law require the association to replace the windows? (S.R, via e-mail) A: The Florida Condominium Act does not specifically address whether the association
- [Board Not Obligated to Put Reserves on Agenda](https://www.floridacondohoalawblog.com/2018/01/28/board-not-obligated-put-reserves-agenda/) - Q: Historically, the unit owners in our condominium are given the opportunity to vote on waiving reserve funding each year. When approved, this resulted in lower assessments. This year, the board adopted a budget with fully-funded reserves and did not give the owners the opportunity to vote to waive. Is this allowed? (C.O. via e-mail)
- [Do My HOA’s Rules Have to be Recorded?](https://www.floridacondohoalawblog.com/2018/08/28/do-my-hoas-rules-have-to-be-recorded/) - For many years, homeowners’ associations (HOA) were only required to record their rules and regulations if their governing documents required that they be recorded. As of July 1, 2018, that is no longer the case. Section 720.306 was amended by the Legislature to address the manner in which amendments are carried. The amendment adopts much
- [2018 Legislative Session Final Report](https://www.floridacondohoalawblog.com/2018/04/30/2018-legislative-session-final-report/) - The 2018 Legislative Session ended with only two community association bills passing and being approved by the Governor. The following is a summary of the two bills: HB 617, Relating to Covenants and Restrictions, by Rep. Edwards. The bill primarily involves the Marketable Record Title Act (MRTA). The intent is to simplify the process for
- [Term Limit Law Continues to Spark Controversy](https://www.floridacondohoalawblog.com/2018/10/23/term-limit-law-continues-to-spark-controversy/) - There have been some interesting recent developments involving the new law establishing term limits for condominium board members, which has been the subject of at least two of my recent columns. The Florida Condominium Act was amended effective July 1, 2018 to provide that a board member may not serve more than 8 consecutive years
- [Board Can’t Prohibit Hurricane Shutters](https://www.floridacondohoalawblog.com/2018/12/10/board-cant-prohibit-hurricane-shutters/) - Q: Our condominium did a major renovation project several years ago, included impact glass for all the windows and sliders. Recently, our board received a request from an owner to install hurricane shutters. The board thinks this is unnecessary since we are already protected, and that shutters will detract from the look of our buildings.
- [Changes to Leasing Restrictions May Not Apply to All Owners](https://www.floridacondohoalawblog.com/2018/12/02/changes-to-leasing-restrictions-may-not-apply-to-all-owners/) - Q: Recently there was a discussion in my condominium association about amending our declaration to increase the minimum lease term from 30 days to 6 months. Many of our owners are in favor of this change, but we have been told it would not apply to current unit owners and would only apply to future
- [Trustee Likely Able to Serve on the Board](https://www.floridacondohoalawblog.com/2018/11/25/trustee-likely-able-to-serve-on-the-board/) - Q: I am the trustee of a trust that owns a condominium. I want to run for the board of directors at the next annual meeting. My neighbor said that I will not be able to run because my name is not on the title. As the trustee of the trust that owns the condominium,
- [Time for Annual Legislative Review](https://www.floridacondohoalawblog.com/2018/04/22/time-for-annual-legislative-review/) - Today begins our annual review of new legislation affecting community associations in Florida. The main piece of legislation derives from House Bill 81, which will become law on July 1, 2018. HB 841 affects condominiums, cooperatives and homeowners' associations. We will begin with a look at changes to the condominium laws. Official Records Minutes of
- [Procedure To Convert To Pooled Reserves](https://www.floridacondohoalawblog.com/2018/11/19/procedure-to-convert-to-pooled-reserves/) - Q: Can a condominium association board vote to convert from straight-line reserves to pooled reserves without a membership vote? R.F. via e-mail A: “Cash flow” funding of condominium reserves, often referred to as the “pooling” method of reserve funding, is a concept that was introduced many years ago through an amendment to the state’s administrative
- [Beach Access Restricted?](https://www.floridacondohoalawblog.com/2018/11/16/beach-access-restricted/) - Although summer is gone and fall is nearing its end, the truth is that even in the heart of winter we never truly have to wait long to enjoy the beach in Florida. The problem this year however is who can access the beach. During the 2018 Legislative Session, the Legislature passed House Bill (HB)
- [Keeping Meeting Minutes Forever](https://www.floridacondohoalawblog.com/2018/11/16/keeping-meeting-minutes-forever/) - How long is a condominium required to keep minutes of its meetings? Prior to July 1, 2018 the answer was seven years. This requirement had both its pros and cons. Likely the biggest advantage was minimizing storage requirements, as months, years, and even decades of minutes add up, particularly for older communities or those that
- [Condos, HOAs, and Written Inquiries](https://www.floridacondohoalawblog.com/2018/11/16/condos-hoas-and-written-inquiries/) - Many times I see situations where an owner sends a community a certified letter seeking the answer to questions about various issues. The nature and manner of the responses is dictated by the type of community. The Florida Condominium Act states that when a unit owner of a residential condominium files a written inquiry by
- [Directors Usually Permitted To Hold More Than One Office](https://www.floridacondohoalawblog.com/2018/11/18/directors-usually-permitted-to-hold-more-than-one-office/) - Q: Can the president of a condominium association also serve as the treasurer? None of the other board members would accept the treasurer’s position, and our president now has a dual role. (K.S., via e-mail) A: Unless prohibited by the condominium documents, yes. Section 718.112(2)(a)1 of the Florida Condominium Act provides that a condominium association’s
- [Unanimous Approval Likely Not Required For Amendments](https://www.floridacondohoalawblog.com/2018/11/11/unanimous-approval-likely-not-required-for-amendments/) - Q: My association levied a special assessment to fund a repair project to our clubhouse. The project is now complete and there is money left over from the special assessment. The board has been discussing what it should do with this money and has not yet come to an agreement. Isn’t the association obligated to
- [Neighbors Can Deal With Nuisances Directly](https://www.floridacondohoalawblog.com/2018/11/04/neighbors-can-deal-with-nuisances-directly/) - Q: I live on the second floor of a condominium building, where I own the unit. The unit above me is rented to a nice young couple, but they are “night owls” and have a lot of friends over to visit. Sometimes, things get quite noisy (loud music, doors slamming when friends leave, boisterous talk
- [Why Do They Need a Key to My Unit???](https://www.floridacondohoalawblog.com/2018/10/23/why-do-they-need-a-key-to-my-unit/) - “Every man may justly consider his home his castle and himself as the king thereof; nonetheless his sovereign fiat to use his property as he pleases must yield, at least in degree, where ownership is in common or cooperation with others. The benefits of condominium living and ownership demand no less” Sterling Village Condominium, Inc.
- [Banning Guests from a Gated Community](https://www.floridacondohoalawblog.com/2018/10/23/banning-guests-from-a-gated-community/) - Some communities have guests who are regular guests of an owner or tenant and violate the governing documents, or sometimes even violate the law by committing criminal acts. In such situations, gated communities, which have a guard 24/7 and can regulate access into the community, have asked whether their association can ban a guest and
- [Can a Condo Board Meet Behind Closed Doors?](https://www.floridacondohoalawblog.com/2018/10/23/can-a-condo-board-meet-behind-closed-doors/) - Yes, as a matter of fact, it is legal for a condominium association board to hold a closed board meeting, but only in certain circumstances. Section 718.112(2)(c)3, of the Florida Condominium Act, allows the board to hold a closed board meeting (where unit owners are not permitted to attend) in two situations. The first situation
- [President Not A Tie-Breaker](https://www.floridacondohoalawblog.com/2018/10/21/president-not-a-tie-breaker/) - Q: Recently, a member of our board of directors resigned, leaving my condominium association with six board members. The board met in a closed meeting to consider appointing someone to fill this vacancy The board voted three times to appoint a person to fill the vacancy and each time the vote was tied at three
- [Special Assessment Leftover Funds Must Be Returned or Credited To Account](https://www.floridacondohoalawblog.com/2018/10/28/special-assessment-leftover-funds-must-be-returned-or-credited-to-account/) - Q: Our condominium association board levied a special assessment for Hurricane Irma damage. Our insurance claim settled for more than we expected, resulting in an excess of funds due to the special assessment. What happens to this leftover money? (S.S., via e-mail) A: Section 718.116(10) of the Florida Condominium Act provides that funds collected from
- [New Term Limit Law Not Retroactive](https://www.floridacondohoalawblog.com/2018/08/19/new-term-limit-law-not-retroactive/) - Q: In one of your recent columns, you wrote about a new law that imposes term limits of eight years on condominium directors. Is this retroactive? (S.L. via e-mail) A: In my opinion, no. Of course, lawyers’ opinions are just that, and what the courts have to say is what ultimately counts. My interpretation is
- [Board Spending Authority Not Unlimited](https://www.floridacondohoalawblog.com/2018/10/07/board-spending-authority-not-unlimited/) - Q: My condominium association has a number of committees including a social committee. Recently there was a discussion at a board meeting concerning the association paying for certain social committee activities, including providing food and drinks at parties. However, the board stated that it cannot use the association’s funds to pay for social events and
- [Legal Decisions Which Could Affect Your Community](https://www.floridacondohoalawblog.com/2016/01/01/legal-decisions-which-could-affect-your-community/) - Many community associations do not have an absolute right to approve or disapprove of prospective purchasers; but instead the governing documents give them a right of first refusal to assign a sales contract to another purchaser on the same terms and conditions. A lis pendens is a publicly recorded notice on real estate documenting a
- [The (Tree) Root of the Problem: Who Is Responsible When Tree Roots and Branches Cause Damage?](https://www.floridacondohoalawblog.com/2016/01/01/the-tree-root-of-the-problem-who-is-responsible-when-tree-roots-and-branches-cause-damage/) - They say good fences make good neighbors. But trees, on the other hand, have been known to strain the relationship between neighbors. Damage and disruption amongst neighboring lot owners, caused by tree roots and branches, is a very common problem in Florida. Not surprisingly, Florida courts have addressed this issue and have carved out a
- [Problem Parking in your Community Association?](https://www.floridacondohoalawblog.com/2016/01/01/problem-parking-in-your-community-association/) - It really shouldn’t come as a surprise that older multifamily communities in Florida (and elsewhere in the country) have serious parking problems these days since those communities were built decades ago when families used fewer cars. Today, people move into these communities with three, four and sometimes five cars in tow. In condominiums and cooperatives,
- [The Association Was Served With A Writ Of Garnishment For An Employee/Vendor...Now What?](https://www.floridacondohoalawblog.com/2016/01/01/the-association-was-served-with-a-writ-of-garnishment-for-an-employee-vendor-now-what/) - If the garnishment concerns a judgment against an employee/vendor of the Association, then the Association’s only concern is with ensuring that it is properly withholding from distribution to that employee/vendor the portion of the payment which is subject to garnishment. In other words, the Association is not responsible for disputing the validity of the judgment
- [Those Pesky Little White Balls](https://www.floridacondohoalawblog.com/2018/09/25/those-pesky-little-white-balls/) - Living in a golf course community is the ultimate dream for many. However, a golf course address can equate to some rather nightmarish liability issues for many community associations. Those issues often stem from misdirected golf swings or "errant" shots. There is no statutory law that governs golf ball liability. However, the Supreme Court of
- [Are HOA Owners “Grandfathered” In from New Rental Restrictions?](https://www.floridacondohoalawblog.com/2018/09/25/are-hoa-owners-grandfathered-in-from-new-rental-restrictions/) - The Florida Condominium Act states that an amendment prohibiting unit owners from renting their units or altering the duration of the rental term or specifying or limiting the number of times unit owners are entitled to rent their units during a specified period applies only to unit owners who consent to the amendment and unit
- [Managing Government Approval for Community Repairs and Improvements](https://www.floridacondohoalawblog.com/2018/09/25/managing-government-approval-for-community-repairs-and-improvements-2/) - Do you live in a community that is planning repairs or improvements? You may not be aware, but it is often the case that in order to legally proceed you must obtain local government approval through the Planning & Zoning Board or City Commission. Whether you live in a single family home or in a
- [Charging the Way: New Law Opens the Door for Electric Charging Stations in Condominiums](https://www.floridacondohoalawblog.com/2018/09/25/charging-the-way-new-law-opens-the-door-for-electric-charging-stations-in-condominiums/) - A recent amendment to Chapter 718, Florida’s Condominium Act, facilitates a unit owner’s ability to install and use an electric-vehicle charging station within their condominium. Section 718.113(8), Florida Statutes, which took effect on July 1, 2018, created a new provision stating that a declaration of a condominium or the board of administration of a condominium
- [Swimming Lessons in the Community Pool – What’s the Risk?](https://www.floridacondohoalawblog.com/2018/09/25/swimming-lessons-in-the-community-pool-whats-the-risk/) - In Florida, even after the heart of summer is long gone community swimming pools get a lot of use. But with increased use can come increased risks, particularly where owners are hiring instructors to provide private swimming lessons in the community pool. If you suspect that this may be occurring in your community, there are
- [Association Not Required To Mail Out Records](https://www.floridacondohoalawblog.com/2018/09/29/association-not-required-to-mail-out-records/) - Q: I am in the process of getting property insurance for my condominium unit. My insurance company will not issue a policy until they review the master insurance policy that the association has in place for the buildings. I called the management company for a copy of the policy, but they have not sent it
- [Collection Procedures Reviewed](https://www.floridacondohoalawblog.com/2018/09/09/collection-procedures-reviewed/) - Q: I was recently appointed as the treasurer of my association. I noticed that there are a couple of unit owners who have not paid their condominium fees for over a year. I asked the other board members what they have done about the delinquent owners, and they basically shrugged their shoulders and said that
- [Committees Not Required by Law](https://www.floridacondohoalawblog.com/2018/09/02/committees-not-required-by-law/) - Q: I have served on my condominium association’s landscape committee for the past several years. The committee is responsible for reviewing the association’s landscaping, coordinating with our landscape contractor, and making suggestions to the board. At a recent board meeting, the new board, which was elected a few months ago, discussed the status of all
- [Is a Bid Required?](https://www.floridacondohoalawblog.com/2018/08/28/is-a-bid-required/) - Certain contracts entered into by a condominium association require competitive bidding. Section 718.3026(1) of the Florida Condominium Act requires competitive bidding for contracts related to the purchase, lease, or renting of materials or equipment, or for the provision of services, which require payment by the association which (in the aggregate) exceeds 5% of the total
- [Is It Time To Amend Your Condominium Declaration?](https://www.floridacondohoalawblog.com/2018/08/28/is-it-time-to-amend-your-condominium-declaration/) - Does your Declaration of Condominium still refer to Chapter 711 as the Florida Condominium Act? Well, maybe it is not that old, but perhaps it has been a decade since it has been revised. If that is the case, then it may be time to amend the governing documents to ensure that they include the
- [Weathering the Storm of Unexpected Community Association Financial Needs](https://www.floridacondohoalawblog.com/2018/08/28/weathering-the-storm-of-unexpected-community-association-financial-needs/) - In Florida, particularly in the summer months, a beautiful sunny day can suddenly morph into a torrential downpour. Similarly, an association with no obvious financial problems can suddenly find itself in the perfect storm that arises when restrictive financial language in governing documents, unexpected-yet-necessary repairs and a shortage of funds collide. There are various ways
- [Maintain Now to Prevent Future Liability](https://www.floridacondohoalawblog.com/2018/08/28/maintain-now-to-prevent-future-liability/) - Summer is a great time in Florida. It means warmer weather, outdoor grilling, family vacations, lounging by the pool, and tans. It also means increased humidity, mosquitos, sun burn, and more need for air conditioning. For Associations it is a time not for relaxing but for checking their properties and continuing with their maintenance and
- [Board Cannot Vote by Email](https://www.floridacondohoalawblog.com/2018/08/26/board-cannot-vote-by-email/) - Q: My condominium association recently engaged an attorney and a question has come up as to whom the attorney represents, the association, the board members, the management company, the owners, or all of the above. Who is the attorney’s client? (G.F. via e-mail) A: The attorney represents the association as a corporate entity and does
- [Schooling Judges on Condo Law](https://www.floridacondohoalawblog.com/2018/08/10/schooling-judges-on-condo-law/) - That was the mission Community Association Group shareholders Joseph E. Adams and J. Kevin Miller chose to accept last month when they taught a course on CA law to the Annual Conference of County Court Judges in Naples. With the largest, dedicated team of Board Certified attorneys in Condominium and Planned Development Law among any firm in
- [Certain Satellite Dishes Permitted By Law](https://www.floridacondohoalawblog.com/2018/08/12/certain-satellite-dishes-permitted-by-law/) - Q: My next door neighbor wants to install a satellite dish on his house. I am worried that it will create an eyesore next to my home. I read our association’s documents, but they do not seem to address satellite dishes or even require approval by the architectural review board. Will my neighbor be able
- [Board President Should Vote](https://www.floridacondohoalawblog.com/2018/08/05/board-president-should-vote/) - Q: There is some confusion when the president of my association is required to vote. Does the president vote whenever the rest of the directors vote on an issue, or is the president only supposed to vote in order to break a tie? (V.B.) A: The board president is almost always a director and most
- [Board Must Allow Renewable Energy Devices](https://www.floridacondohoalawblog.com/2018/07/29/board-must-allow-renewable-energy-devices/) - Q: I would like to install solar panels on the roof of my home, but I did not see any standards addressing this within my homeowners’ association’s documents or architectural review guidelines. Would I be allowed to install these in order to make my home greener? (K.L. via e-mail) A: Probably. Under Section 163.04 of
- [There’s a Membership Meeting in my HOA, Where Does the Notice get Mailed?](https://www.floridacondohoalawblog.com/2018/07/25/theres-a-membership-meeting-in-my-hoa-where-does-the-notice-get-mailed/) - It is commonly understood that membership meeting notices are mailed to members in addition to being conspicuously posted. The address used has historically been either the property address in the community or an alternate address provided by the members. Effective July 1, 2018 however, the address to be used takes on a new characteristic for
- [What Did You Say?](https://www.floridacondohoalawblog.com/2018/07/25/what-did-you-say/) - In the community association world, it is fundamental for board members, managers and decision-makers to have good communication skills in order to succeed. Such skills are important in any business, but in community associations where membership and dues are mandatory, good communication is critically important. Many problems and misunderstandings are avoided by boards exercising open
- [Who is Responsible for Electrical Wiring and Plumbing Repairs?](https://www.floridacondohoalawblog.com/2018/07/25/who-is-responsible-for-electrical-wiring-and-plumbing-repairs/) - Disputes over maintenance, repair and replacement responsibilities are common in community associations and a well drafted declaration or amendment to the declaration can help prevent disputes over who (owner or association) is responsible for a specific item of maintenance. Regarding how to interpret your existing condominium documents, the unit boundaries will be defined within the
- [Putting the Puzzle Together Regarding Insurance Coverage and Exclusions](https://www.floridacondohoalawblog.com/2018/07/25/putting-the-puzzle-together-regarding-insurance-coverage-and-exclusions/) - In those pages and pages of insurance documents detailing your available insurance coverage you’ll also find exclusions explaining what is not covered in your insurance policy. There might, however, be some exceptions to those exclusions that should keep the claim from being excluded under the policy. Confused yet? That knotted paradigm is illustrated in a case that
- [Tenants Have Right To Use Common Property](https://www.floridacondohoalawblog.com/2018/07/22/tenants-have-right-to-use-common-property/) - Q: Our condominium recreational facilities have been very popular this summer. We have received many complaints from owners that they have not been able to enjoy the pool due to the number of guests and renters using the pool. Is it possible for the board to adopt a rule that prohibits renters from using the
- [“Non-Vote” Can Be A “No Vote”](https://www.floridacondohoalawblog.com/2018/07/15/non-vote-can-be-a-no-vote/) - Q: The declaration of covenants for our homeowners’ association says that it can be amended by a “two-thirds vote.” There are 120 lots in our community. Most people believe that we need 80 votes (two-thirds of all lots) to amend this document. There is a “parliamentarian” on our board. He argues that under Robert’s Rules
- [Updating Documents Requires Getting Out the Vote](https://www.floridacondohoalawblog.com/2018/07/08/updating-documents-requires-getting-out-the-vote/) - Q: My condominium association still operates under our original documents from the early 1980s, which have been amended a couple of times. From what we can tell, the documents have never been updated from what the developer gave us. A number of owners want to modernize our documents. However, the declaration of condominium, which we
- [Can or Should Community Associations Impose Firearm Regulations through Governing Documents](https://www.floridacondohoalawblog.com/2018/06/19/can-or-should-community-associations-impose-firearm-regulations-through-governing-documents/) - The recent senseless slaughter of school children in Parkland, Florida has fueled and reignited the long-simmering debate about gun control in our society. Community associations are not immune to violent tragedies, including gun deaths. We are all familiar with the case involving Trayvon Martin, a teenager who was shot and killed by a neighborhood watch
- [Basic Tips for Hiring a Community Association Manager](https://www.floridacondohoalawblog.com/2018/06/19/basic-tips-for-hiring-a-community-association-manager/) - Community association property management is a field that has experienced significant growth in recent years. Florida Law requires licensure by individuals who, for compensation, provide management services for community associations with more than ten (10) units, or those with annual budgets that exceed $100,000 (CAM licensing). Currently, Florida has over 10,000 licensed property managers. As
- [Easements by Necessity - Goldman v. Lustig](https://www.floridacondohoalawblog.com/2018/06/19/easements-by-necessity-goldman-v-lustig/) - In the recent case Goldman v. Lustig, Case No. 4D16-1933 (Fla. 4th DCA January 24, 2018), at issue was whether Unit Owners had the right to use and access a dock located behind an adjacent townhouse owner’s waterfront property. The Unit Owners’ complaint sought a declaration of their rights to use the dock, as well
- [Garage Sale or Thrift Shop in Disguise? Doesn’t Matter. Your Homeowners Association Can do Something About it](https://www.floridacondohoalawblog.com/2018/06/19/garage-sale-or-thrift-shop-in-disguise-doesnt-matter-your-homeowners-association-can-do-something-about-it/) - This time of year a lot of people are cleaning out their closets, gathering up unused household items, and having garage sales. It is also the time when many communities are having community-wide garage sales. But what about the homeowners who on a regular basis fill their driveway with multiple used strollers, suitcases, microwaves, vacuums,
- [New Law Requires Recording of Homeowners’ Association Rule Amendments](https://www.floridacondohoalawblog.com/2018/06/17/new-law-requires-recording-of-homeowners-association-rule-amendments/) - Q: I am a director in a homeowners’ association. I understand that there have been recent changes to the laws regarding document amendments. Do these changes in the law require that all changes to the rules and regulations made by the board of directors be recorded? (W.L. via e-mail) A: Yes. The recent changes to
- [Owner’s Don’t Have Right to Call in to Board Meetings](https://www.floridacondohoalawblog.com/2018/06/03/owners-dont-have-right-to-call-in-to-board-meetings/) - Q: My condominium association is mostly composed of seasonal owners and every member of the board leaves town for the summer. At the last board meeting, the board announced that it intends to post notice of upcoming board meetings over the summer on the condominium property but that all of the board members will be
- [Freedom of Speech and Disruptive Owners](https://www.floridacondohoalawblog.com/2018/05/17/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 how
- [22 Becker Attorneys Board Certified in Condominium and Planned Development Law](https://www.floridacondohoalawblog.com/2018/05/31/board-certified/) - Becker’s Community Association practice group has been an industry leader since we opened our doors in 1973. Today, we’re proud to announce that we have the largest, dedicated team of Board Certified attorneys in Condominium and Planned Development Law in the state of Florida. Board certification demands rigorous testing and is in recognition of
- [Community Association Legislative Guide, 2018](https://www.floridacondohoalawblog.com/2018/05/30/community-association-legislative-guide-2018/) - CALL’s Florida Community Association Legislative Guide 2018 is now available. The Guide is applicable to all three types of shared-ownership communities (condominiums, cooperatives, and homeowners’ associations). Of the twenty-plus community association bills filed during the 2018 Legislative Session, just two community association bills were passed and approved by Governor Scott: HB 617, Relating to Covenants and
- [Gambling in Your Community? Penny-ante Games and Bingo](https://www.floridacondohoalawblog.com/2018/05/17/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 be
- [Condominium Contracting With a Director for Goods & Services](https://www.floridacondohoalawblog.com/2018/05/17/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 conflict

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- [Minority Business Enterprise](https://www.floridacondohoalawblog.com/tag/minority-business-enterprise/) - Tag – Minority Business Enterprise (MBE)
- [Minutes](https://www.floridacondohoalawblog.com/tag/minutes/) - Tag – Minutes
- [Mortgage](https://www.floridacondohoalawblog.com/tag/mortgage/) - Tag – Mortgage
- [Mortgage Foreclosure](https://www.floridacondohoalawblog.com/tag/mortgage-foreclosure/) - Tag – Mortgage Foreclosure
- [Mortgage Liability](https://www.floridacondohoalawblog.com/tag/mortgage-liability/) - Tag – Mortgage Liability
- [National Fire Protection Association](https://www.floridacondohoalawblog.com/tag/national-fire-protection-association/) - Tag – National Fire Protection Association
- [Negligence](https://www.floridacondohoalawblog.com/tag/negligence/) - Tag – Negligence
- [Noise](https://www.floridacondohoalawblog.com/tag/noise/) - Tag – Noise
- [Nominally Valued](https://www.floridacondohoalawblog.com/tag/nominally-valued/) - Tag – Nominally Valued
- [Notice](https://www.floridacondohoalawblog.com/tag/notice/) - Tag – Notice
- [Notice of Commencement](https://www.floridacondohoalawblog.com/tag/notice-of-commencement/) - Tag – Notice of Commencement
- [Notices to Owner](https://www.floridacondohoalawblog.com/tag/notices-to-owner/) - Tag – Notices to Owner
- [Nuisance](https://www.floridacondohoalawblog.com/tag/nuisance/) - Tag – Nuisance
- [Online](https://www.floridacondohoalawblog.com/tag/online/) - Tag – Online
- [Open Meetings](https://www.floridacondohoalawblog.com/tag/open-meetings/) - Tag – Open Meetings
- [Open to Owners](https://www.floridacondohoalawblog.com/tag/open-to-owners/) - Tag – Open to Owners
- [Opt Out](https://www.floridacondohoalawblog.com/tag/opt-out/) - Tag – Opt Out
- [OTARD](https://www.floridacondohoalawblog.com/tag/otard/) - Tag – OTARD (Over the Air Reception Devices)
- [Outgoing](https://www.floridacondohoalawblog.com/tag/outgoing/) - Tag – Outgoing
- [Oversee](https://www.floridacondohoalawblog.com/tag/oversee/) - Tag – Oversee
- [Palm Tree](https://www.floridacondohoalawblog.com/tag/palm-tree/) - Tag – Palm Tree
- [Parcel](https://www.floridacondohoalawblog.com/tag/parcel/) - Tag – Parcel
- [Parking](https://www.floridacondohoalawblog.com/tag/parking/) - Tag – Parking
- [Patio](https://www.floridacondohoalawblog.com/tag/patio/) - Tag – Patio
- [PERS Review](https://www.floridacondohoalawblog.com/tag/pers-review/) - Tag – PERS Review (Project Eligibility Review Service)
- [Petition](https://www.floridacondohoalawblog.com/tag/petition/) - Tag – Petition
- [Pets](https://www.floridacondohoalawblog.com/tag/pets/) - Tag – Pets
- [Poliakoff](https://www.floridacondohoalawblog.com/tag/poliakoff/) - Tag – Poliakoff (Becker & Poliakoff)
- [Politics](https://www.floridacondohoalawblog.com/tag/politics/) - Tag – Politics
- [Pool](https://www.floridacondohoalawblog.com/tag/pool/) - Tag – Pool
- [Pool and Spa Safety Act](https://www.floridacondohoalawblog.com/tag/pool-and-spa-safety-act/) - Tag – Pool and Spa Safety Act
- [Pooled](https://www.floridacondohoalawblog.com/tag/pooled/) - Tag – Pooled
- [Pooled Reserve](https://www.floridacondohoalawblog.com/tag/pooled-reserve/) - Tag – Pooled Reserve
- [Preparedness](https://www.floridacondohoalawblog.com/tag/preparedness/) - Tag – Preparedness
- [President](https://www.floridacondohoalawblog.com/tag/president/) - Tag – President
- [Prevailing Party](https://www.floridacondohoalawblog.com/tag/prevailing-party/) - Tag – Prevailing Party
- [Private Road](https://www.floridacondohoalawblog.com/tag/private-road/) - Tag – Private Road
- [Privilege](https://www.floridacondohoalawblog.com/tag/privilege/) - Tag – Privilege
- [Procedure](https://www.floridacondohoalawblog.com/tag/procedure/) - Tag – Procedure
- [Procedures](https://www.floridacondohoalawblog.com/tag/procedures/) - Tag – Procedures
- [Process Server](https://www.floridacondohoalawblog.com/tag/process-server/) - Tag – Process Server
- [Property](https://www.floridacondohoalawblog.com/tag/property/) - Tag – Property
- [Property Assessment](https://www.floridacondohoalawblog.com/tag/property-assessment/) - Tag – Property Assessment
- [Property Insurance](https://www.floridacondohoalawblog.com/tag/property-insurance/) - Tag – Property Insurance
- [Property Maintenance](https://www.floridacondohoalawblog.com/tag/property-maintenance/) - Tag – Property Maintenance
- [Protecting the Association](https://www.floridacondohoalawblog.com/tag/protecting-the-association/) - Tag – Protecting the Association
- [Proxies](https://www.floridacondohoalawblog.com/tag/proxies/) - Tag – Proxies
- [Proxy](https://www.floridacondohoalawblog.com/tag/proxy/) - Tag – Proxy
- [Public Figure](https://www.floridacondohoalawblog.com/tag/public-figure/) - Tag – Public Figure
- [Quorum](https://www.floridacondohoalawblog.com/tag/quorum/) - Tag – Quorum
- [Rack](https://www.floridacondohoalawblog.com/tag/rack/) - Tag – Rack
- [Radio](https://www.floridacondohoalawblog.com/tag/radio/) - Tag – Radio
- [Re-write](https://www.floridacondohoalawblog.com/tag/re-write/) - Tag – Re-write
- [Real Estate](https://www.floridacondohoalawblog.com/tag/real-estate/) - Tag – Real Estate
- [Realtor](https://www.floridacondohoalawblog.com/tag/realtor/) - Tag – Realtor
- [Reasonable Accommodation](https://www.floridacondohoalawblog.com/tag/reasonable-accommodation/) - Tag – Reasonable Accommodation
- [Recalls](https://www.floridacondohoalawblog.com/tag/recalls/) - Tag – Recalls
- [Receivership](https://www.floridacondohoalawblog.com/tag/receivership/) - Tag – Receivership
- [Records](https://www.floridacondohoalawblog.com/tag/records/) - Tag – Records
- [Records Inspection](https://www.floridacondohoalawblog.com/tag/records-inspection/) - Tag – Records Inspection
- [Recovery](https://www.floridacondohoalawblog.com/tag/recovery/) - Tag – Recovery
- [Recycling](https://www.floridacondohoalawblog.com/tag/recycling/) - Tag – Recycling
- [Refinance](https://www.floridacondohoalawblog.com/tag/refinance/) - Tag – Refinance
- [Registered Agent](https://www.floridacondohoalawblog.com/tag/registered-agent/) - Tag – Registered Agent
- [Removal](https://www.floridacondohoalawblog.com/tag/removal/) - Tag – Removal
- [Renewable energy](https://www.floridacondohoalawblog.com/tag/renewable-energy/) - Tag – Renewable Energy
- [Rental](https://www.floridacondohoalawblog.com/tag/rental/) - Tag – Rental
- [Rentals](https://www.floridacondohoalawblog.com/tag/rentals/) - Tag – Rentals
- [Repairs](https://www.floridacondohoalawblog.com/tag/repairs/) - Tag – Repairs
- [Request](https://www.floridacondohoalawblog.com/tag/request/) - Tag – Request
- [Requests](https://www.floridacondohoalawblog.com/tag/requests/) - Tag – Requests
- [Resale](https://www.floridacondohoalawblog.com/tag/resale/) - Tag – Resale
- [Reserve](https://www.floridacondohoalawblog.com/tag/reserve/) - Tag – Reserve
- [Reserves](https://www.floridacondohoalawblog.com/tag/reserves/) - Tag – Reserves
- [Resident](https://www.floridacondohoalawblog.com/tag/resident/) - Tag – Resident
- [Resignation](https://www.floridacondohoalawblog.com/tag/resignation/) - Tag – Resignation
- [Restrictions](https://www.floridacondohoalawblog.com/tag/restrictions/) - Tag – Restrictions
- [Retrofit](https://www.floridacondohoalawblog.com/tag/retrofit/) - Tag – Retrofit
- [Return of Condo Deposit](https://www.floridacondohoalawblog.com/tag/return-of-condo-deposit/) - Tag – Return of Condo Deposit
- [Review](https://www.floridacondohoalawblog.com/tag/review/) - Tag – Review
- [Robert's Rules of Order](https://www.floridacondohoalawblog.com/tag/roberts-rules-of-order/) - Tag – Robert’s Rules of Order
- [Roof](https://www.floridacondohoalawblog.com/tag/roof/) - Tag – Roof
- [Roof Leaks](https://www.floridacondohoalawblog.com/tag/roof-leaks/) - Tag – Roof Leaks
- [Rules](https://www.floridacondohoalawblog.com/tag/rules/) - Tag – Rules
- [Rules and Regulations](https://www.floridacondohoalawblog.com/tag/rules-and-regulations/) - Tag – Rules and Regulations
- [Safe Harbor](https://www.floridacondohoalawblog.com/tag/safe-harbor/) - Tag – Safe Harbor
- [Safety](https://www.floridacondohoalawblog.com/tag/safety/) - Tag – Safety
- [Satellite Dish](https://www.floridacondohoalawblog.com/tag/satellite-dish/) - Tag – Satellite Dish
- [SB 1196](https://www.floridacondohoalawblog.com/tag/sb-1196/) - Tag – Senate Bill 1196 (SB 1196)
- [SB 714](https://www.floridacondohoalawblog.com/tag/sb-714/) - Tag – Senate Bill 714 (SB 714)
- [SB 880](https://www.floridacondohoalawblog.com/tag/sb-880/) - Tag – Senate Bill 880 (SB 880)
- [Secondhand](https://www.floridacondohoalawblog.com/tag/secondhand/) - Tag – Secondhand
- [Secret Ballot](https://www.floridacondohoalawblog.com/tag/secret-ballot/) - Tag – Secret Ballot
- [Section 720.303(6)](https://www.floridacondohoalawblog.com/tag/section-720-3036/) - Tag – Section 720.303(6)
- [Section 720.306](https://www.floridacondohoalawblog.com/tag/section-720-306/) - Tag – Section 720.306
- [Selective Enforcement](https://www.floridacondohoalawblog.com/tag/selective-enforcement/) - Tag – Selective Enforcement
- [Seminar](https://www.floridacondohoalawblog.com/tag/seminar/) - Tag – Seminar
- [Service Animal](https://www.floridacondohoalawblog.com/tag/service-animal/) - Tag – Service Animal
- [Service Animals](https://www.floridacondohoalawblog.com/tag/service-animals/) - Tag – Service Animals
- [Service Members](https://www.floridacondohoalawblog.com/tag/service-members/) - Tag – Service Members
- [Short Pay](https://www.floridacondohoalawblog.com/tag/short-pay/) - Tag – Short Pay
- [Shortfall](https://www.floridacondohoalawblog.com/tag/shortfall/) - Tag – Shortfall
- [Shutters](https://www.floridacondohoalawblog.com/tag/shutters/) - Tag – Shutters
- [Single Family Residence](https://www.floridacondohoalawblog.com/tag/single-family-residence/) - Tag – Single Family Residence (Single Family Home)
- [Skylights](https://www.floridacondohoalawblog.com/tag/skylights/) - Tag – Skylights
- [Smoke](https://www.floridacondohoalawblog.com/tag/smoke/) - Tag – Smoke
- [Smoking](https://www.floridacondohoalawblog.com/tag/smoking/) - Tag – Smoking
- [Social Media](https://www.floridacondohoalawblog.com/tag/social-media/) - Tag – Social Media
- [Solar Energy](https://www.floridacondohoalawblog.com/tag/solar-energy/) - Tag – Solar Energy
- [Solar Panels](https://www.floridacondohoalawblog.com/tag/solar-panels/) - Tag – Solar Panels
- [Sprinklers](https://www.floridacondohoalawblog.com/tag/sprinklers/) - Tag – Sprinklers
- [Staff](https://www.floridacondohoalawblog.com/tag/staff/) - Tag – Staff
- [Statute](https://www.floridacondohoalawblog.com/tag/statute/) - Tag – Statute
- [Statute of Limitations](https://www.floridacondohoalawblog.com/tag/statute-of-limitations/) - Tag – Statute of Limitations
- [Statutory Reserves](https://www.floridacondohoalawblog.com/tag/statutory-reserves/) - Tag – Statutory Reserves
- [Subdivision Plat](https://www.floridacondohoalawblog.com/tag/subdivision-plat/) - Tag – Subdivision Plat
- [Submerged Lands](https://www.floridacondohoalawblog.com/tag/submerged-lands/) - Tag – Submerged Lands
- [Summer](https://www.floridacondohoalawblog.com/tag/summer/) - Tag – Summer
- [Sunshine Law](https://www.floridacondohoalawblog.com/tag/sunshine-law/) - Tag – Sunshine Law
- [Surveillance Cameras](https://www.floridacondohoalawblog.com/tag/surveillance-cameras/) - Tag – Surveillance Cameras
- [Suspension](https://www.floridacondohoalawblog.com/tag/suspension/) - Tag – Suspension
- [Tax](https://www.floridacondohoalawblog.com/tag/tax/) - Tag – Tax
- [Taxation of Common Elements](https://www.floridacondohoalawblog.com/tag/taxation-of-common-elements/) - Tag – Taxation of Common Elements
- [Term Limits](https://www.floridacondohoalawblog.com/tag/term-limits/) - Tag – Term Limits
- [Termination](https://www.floridacondohoalawblog.com/tag/termination/) - Tag – Termination
- [Theft](https://www.floridacondohoalawblog.com/tag/theft/) - Tag – Theft
- [Topical Currents](https://www.floridacondohoalawblog.com/tag/topical-currents/) - Tag – Topical Currents
- [Town Hall](https://www.floridacondohoalawblog.com/tag/town-hall/) - Tag – Town Hall
- [Transitions](https://www.floridacondohoalawblog.com/tag/transitions/) - Tag – Transitions
- [Tropical Storm](https://www.floridacondohoalawblog.com/tag/tropical-storm/) - Tag – Tropical Storm
- [Twitter](https://www.floridacondohoalawblog.com/tag/twitter/) - Tag – Twitter
- [Uninsured Losses](https://www.floridacondohoalawblog.com/tag/uninsured-losses/) - Tag – Uninsured Losses
- [Unit Owners](https://www.floridacondohoalawblog.com/tag/unit-owners/) - Tag – Unit Owners
- [Universal Elevator Key](https://www.floridacondohoalawblog.com/tag/universal-elevator-key/) - Tag – Universal Elevator Key
- [Unlicensed](https://www.floridacondohoalawblog.com/tag/unlicensed/) - Tag – Unlicensed
- [Update](https://www.floridacondohoalawblog.com/tag/update/) - Tag – Update
- [Use Restrictions](https://www.floridacondohoalawblog.com/tag/use-restrictions/) - Tag – Use Restrictions
- [Vacancy](https://www.floridacondohoalawblog.com/tag/vacancy/) - Tag – Vacancy
- [Videotape](https://www.floridacondohoalawblog.com/tag/videotape/) - Tag – Videotape
- [Virginia Graeme](https://www.floridacondohoalawblog.com/tag/virginia-graeme/) - Tag – Virginia Graeme (Virginia Graeme Baker Pool and Spa Safety Act)
- [Vote](https://www.floridacondohoalawblog.com/tag/vote/) - Tag – Vote
- [Voting Rights](https://www.floridacondohoalawblog.com/tag/voting-rights/) - Tag – Voting Rights
- [Waive](https://www.floridacondohoalawblog.com/tag/waive/) - Tag – Waive
- [Warranties](https://www.floridacondohoalawblog.com/tag/warranties/) - Tag – Warranties
- [Warranty](https://www.floridacondohoalawblog.com/tag/warranty/) - Tag – Warranty
- [Webinar](https://www.floridacondohoalawblog.com/tag/webinar/) - Tag – Webinar
- [Website](https://www.floridacondohoalawblog.com/tag/website/) - Tag – Website
- [Wife](https://www.floridacondohoalawblog.com/tag/wife/) - Tag – Wife
- [Window](https://www.floridacondohoalawblog.com/tag/window/) - Tag – Window
- [Windows](https://www.floridacondohoalawblog.com/tag/windows/) - Tag – Windows
- [Withdrawal](https://www.floridacondohoalawblog.com/tag/withdrawal/) - Tag – Withdrawal
- [Written](https://www.floridacondohoalawblog.com/tag/written/) - Tag – Written
- [Tips](https://www.floridacondohoalawblog.com/tag/tips/) - Tag – Tips
- [Fire Hazards](https://www.floridacondohoalawblog.com/tag/fire-hazards/) - Tag – Fire Hazards
- [Bills](https://www.floridacondohoalawblog.com/tag/bills/) - Tag – Bills
- [Interviews](https://www.floridacondohoalawblog.com/tag/interviews/) - Tag – Interviews
- [Summary](https://www.floridacondohoalawblog.com/tag/summary/) - Tag – Summary
- [Voter Rights](https://www.floridacondohoalawblog.com/tag/voter-rights/) - Tag – Voter Rights
- [Board Rules](https://www.floridacondohoalawblog.com/tag/board-rules/) - Tag – Board Rules
- [Solicitation](https://www.floridacondohoalawblog.com/tag/solicitation/) - Tag – Solicitation
- [Bribes](https://www.floridacondohoalawblog.com/tag/bribes/) - Tag – Bribes
- [Senior](https://www.floridacondohoalawblog.com/tag/senior/) - Tag – Senior
- [Living](https://www.floridacondohoalawblog.com/tag/living/) - Tag – Living
- [55+](https://www.floridacondohoalawblog.com/tag/55/) - Tag – 55+
- [Housing](https://www.floridacondohoalawblog.com/tag/housing/) - Tag – Housing
- [Condo](https://www.floridacondohoalawblog.com/tag/condo/) - Tag – Condo
- [Relationships](https://www.floridacondohoalawblog.com/tag/relationships/) - Tag – Relationships
- [Social](https://www.floridacondohoalawblog.com/tag/social/) - Tag – Social
- [Engagement](https://www.floridacondohoalawblog.com/tag/engagement/) - Tag – Engagement
- [Board](https://www.floridacondohoalawblog.com/tag/board/) - Tag – Board
- [Disaster Preparedness](https://www.floridacondohoalawblog.com/tag/disaster-preparedness/) - Tag – Disaster Preparedness
- [Substantial Additions](https://www.floridacondohoalawblog.com/tag/substantial-additions/) - Tag – Substantial Additions
- [Chapter 718](https://www.floridacondohoalawblog.com/tag/chapter-718/) - Tag – Chapter 718, Florida Statutes, the Florida Condominium Act
- [Flooding](https://www.floridacondohoalawblog.com/tag/flooding/) - Tag – Flooding
- [Events](https://www.floridacondohoalawblog.com/tag/events/) - Tag – Events
- [Association](https://www.floridacondohoalawblog.com/tag/association/) - Tag – Association
- [Balcony](https://www.floridacondohoalawblog.com/tag/balcony/) - Tag – Balcony
- [Chapter 558](https://www.floridacondohoalawblog.com/tag/chapter-558/) - Tag – Chapter 558, Florida Statutes
- [Reserved](https://www.floridacondohoalawblog.com/tag/reserved/) - Tag – Reserved
- [Space](https://www.floridacondohoalawblog.com/tag/space/) - Tag – Space
- [Audits](https://www.floridacondohoalawblog.com/tag/audits/) - Tag – Audits
- [Combined Lots](https://www.floridacondohoalawblog.com/tag/combined-lots/) - Tag – Combined Lots
- [Requirements](https://www.floridacondohoalawblog.com/tag/requirements/) - Tag – Requirements
- [Rent](https://www.floridacondohoalawblog.com/tag/rent/) - Tag – Rent
- [Life Safety System](https://www.floridacondohoalawblog.com/tag/life-safety-system/) - Tag – Life Safety System
- [SB 398](https://www.floridacondohoalawblog.com/tag/sb-398/) - Tag – Senate Bill 398 (SB 398)
- [HB 653](https://www.floridacondohoalawblog.com/tag/hb-653/) - Tag – HB 653
- [HB 6027](https://www.floridacondohoalawblog.com/tag/hb-6027/) - Tag – HB 6027
- [HB 1237](https://www.floridacondohoalawblog.com/tag/hb-1237/) - Tag – HB 1237
- [Rights](https://www.floridacondohoalawblog.com/tag/rights/) - Tag – Rights
- [Military](https://www.floridacondohoalawblog.com/tag/military/) - Tag – Military
- [Letters](https://www.floridacondohoalawblog.com/tag/letters/) - Tag – Letters
- [Complaint](https://www.floridacondohoalawblog.com/tag/complaint/) - Tag – Complaint
- [Amendment](https://www.floridacondohoalawblog.com/tag/amendment/) - Tag – Amendment
- [Condominium](https://www.floridacondohoalawblog.com/tag/condominium/) - Tag – Condominium
- [Chapter 712](https://www.floridacondohoalawblog.com/tag/chapter-712/) - Tag – Chapter 712 of the Florida Statute
- [BeckerBALLOT - bpballot](https://www.floridacondohoalawblog.com/tag/bpballot/) - Tag – BeckerBALLOT – bpballot
- [Response](https://www.floridacondohoalawblog.com/tag/response/) - Tag – Response
- [Financial Reports](https://www.floridacondohoalawblog.com/tag/financial-reports/) - Tag – Financial Reports
- [Criminal Penalties](https://www.floridacondohoalawblog.com/tag/criminal-penalties/) - Tag – Criminal Penalties
- [Board Members](https://www.floridacondohoalawblog.com/tag/board-members/) - Tag – Board Members
- [Chapter 719](https://www.floridacondohoalawblog.com/tag/chapter-719/) - Tag – Chapter 719 of the Florida Statute
- [Free Educational Forum](https://www.floridacondohoalawblog.com/tag/free-educational-forum/) - Tag – Free Educational Forum
- [Community Association](https://www.floridacondohoalawblog.com/tag/community-association/) - Tag – Community Association
- [Conferences](https://www.floridacondohoalawblog.com/tag/conferences/) - Tag – Conferences
- [Board Member Rights](https://www.floridacondohoalawblog.com/tag/board-member-rights/) - Tag – Board Member Rights
- [Board of Directors](https://www.floridacondohoalawblog.com/tag/board-of-directors/) - Tag – Board of Directors
- [Pooling Method](https://www.floridacondohoalawblog.com/tag/pooling-method/) - Tag – Pooling Method
- [Defend](https://www.floridacondohoalawblog.com/tag/defend/) - Tag – Defend
- [Purchasing](https://www.floridacondohoalawblog.com/tag/purchasing/) - Tag – Purchasing
- [Common Surplus](https://www.floridacondohoalawblog.com/tag/common-surplus/) - Tag – Common Surplus
- [Accounting](https://www.floridacondohoalawblog.com/tag/accounting/) - Tag – Accounting
- [New Laws](https://www.floridacondohoalawblog.com/tag/new-laws/) - Tag – New Laws
- [Common Elements](https://www.floridacondohoalawblog.com/tag/common-elements/) - Tag – Common Elements
- [Article XIII](https://www.floridacondohoalawblog.com/tag/article-xiii/) - Tag – Article XIII of Declaration of Condominium
- [The Federal Telecommunications Act of 1996](https://www.floridacondohoalawblog.com/tag/the-federal-telecommunications-act-of-1996/) - Tag – The Federal Telecommunications Act of 1996
- [Project Eligibility Review Service](https://www.floridacondohoalawblog.com/tag/project-eligibility-review-service/) - Tag – Project Eligibility Review Service
- [Restrict Fences](https://www.floridacondohoalawblog.com/tag/restrict-fences/) - Tag – Restrict Fences
- [Association Board](https://www.floridacondohoalawblog.com/tag/association-board/) - Tag – Association Board
- [Question and Answers](https://www.floridacondohoalawblog.com/tag/question-and-answers/) - Tag – Question and Answers
- [Fort Myers](https://www.floridacondohoalawblog.com/tag/fort-myers/) - Tag – Fort Myers
- [Attorneys](https://www.floridacondohoalawblog.com/tag/attorneys/) - Tag – Attorneys
- [Distressed Condominium Relief Act](https://www.floridacondohoalawblog.com/tag/distressed-condominium-relief-act/) - Tag – Distressed Condominium Relief Act
- [Bulk Assignees](https://www.floridacondohoalawblog.com/tag/bulk-assignees/) - Tag – Bulk Assignees
- [COBRA](https://www.floridacondohoalawblog.com/tag/cobra/) - Tag – COBRA
- [American Recovery & Reinvestment Act](https://www.floridacondohoalawblog.com/tag/american-recovery-reinvestment-act/) - Tag – American Recovery & Reinvestment Act
- [Stimulus Package](https://www.floridacondohoalawblog.com/tag/stimulus-package/) - Tag – Stimulus Package
- [Water Heater](https://www.floridacondohoalawblog.com/tag/water-heater/) - Tag – Water Heater
- [Casualty Events](https://www.floridacondohoalawblog.com/tag/casualty-events/) - Tag – Casualty Events
- [Casualty Damage](https://www.floridacondohoalawblog.com/tag/casualty-damage/) - Tag – Casualty Damage
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- [Florida Commission on Human Relations](https://www.floridacondohoalawblog.com/tag/florida-commission-on-human-relations/) - Tag – Florida Commission on Human Relations
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- [Environmental Preservation](https://www.floridacondohoalawblog.com/tag/environmental-preservation/) - Tag – Environmental Preservation
- [Submerged Land Lease](https://www.floridacondohoalawblog.com/tag/submerged-land-lease/) - Tag – Submerged Land Lease
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- [Billing Notices](https://www.floridacondohoalawblog.com/tag/billing-notices/) - Tag – Billing Notices
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- [Important Links](https://www.floridacondohoalawblog.com/tag/important-links/) - Tag – Important Links
- [Hurricane Irma](https://www.floridacondohoalawblog.com/tag/hurricane-irma/) - Tag – Hurricane Irma
- [Association Emergency Powers](https://www.floridacondohoalawblog.com/tag/association-emergency-powers/) - Tag – Association Emergency Powers
- [Association Protocol](https://www.floridacondohoalawblog.com/tag/association-protocol/) - Tag – Association Protocol
- [Housing and Economic Recovery Act of 2008](https://www.floridacondohoalawblog.com/tag/housing-and-economic-recovery-act-of-2008/) - Tag – Housing and Economic Recovery Act of 2008
- [Bankruptcy](https://www.floridacondohoalawblog.com/tag/bankruptcy/) - Tag – Bankruptcy
- [Chapter 11](https://www.floridacondohoalawblog.com/tag/chapter-11/) - Tag – Chapter 11 of the Bankruptcy Code
- [Financially Distressed](https://www.floridacondohoalawblog.com/tag/financially-distressed/) - Tag – Financially Distressed
- [Association Emails](https://www.floridacondohoalawblog.com/tag/association-emails/) - Tag – Association Emails
- [Board Meeting](https://www.floridacondohoalawblog.com/tag/board-meeting/) - Tag – Board Meeting
- [Bookkeeping](https://www.floridacondohoalawblog.com/tag/bookkeeping/) - Tag – Bookkeeping
- [Association Funds](https://www.floridacondohoalawblog.com/tag/association-funds/) - Tag – Association Funds
- [Casualty Repairs](https://www.floridacondohoalawblog.com/tag/casualty-repairs/) - Tag – Casualty Repairs
- [Building Code](https://www.floridacondohoalawblog.com/tag/building-code/) - Tag – Building Code
- [Building Permit](https://www.floridacondohoalawblog.com/tag/building-permit/) - Tag – Building Permit
- [Building Inspector](https://www.floridacondohoalawblog.com/tag/building-inspector/) - Tag – Building Inspector
- [Annual Meeting](https://www.floridacondohoalawblog.com/tag/annual-meeting/) - Tag – Annual Meeting
- [Weather](https://www.floridacondohoalawblog.com/tag/weather/) - Tag – Weather
- [Hurricane Proof](https://www.floridacondohoalawblog.com/tag/hurricane-proof/) - Tag – Hurricane Proof
- [Prepare](https://www.floridacondohoalawblog.com/tag/prepare/) - Tag – Prepare
- [Homeowners Act](https://www.floridacondohoalawblog.com/tag/homeowners-act/) - Tag – Homeowners Act
- [Issues](https://www.floridacondohoalawblog.com/tag/issues/) - Tag – Issues
- [Post-disaster](https://www.floridacondohoalawblog.com/tag/post-disaster/) - Tag – Post-Disaster
- [Statutes](https://www.floridacondohoalawblog.com/tag/statutes/) - Tag – Statutes
- [Act](https://www.floridacondohoalawblog.com/tag/act/) - Tag – Act
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- [Assessment](https://www.floridacondohoalawblog.com/tag/assessment/) - Tag – Assessment
- [Owners](https://www.floridacondohoalawblog.com/tag/owners/) - Tag – Owners
- [Reimbursement](https://www.floridacondohoalawblog.com/tag/reimbursement/) - Tag – Reimbursement
- [Expenditures](https://www.floridacondohoalawblog.com/tag/expenditures/) - Tag – Expenditures
- [Elevator Safety](https://www.floridacondohoalawblog.com/tag/elevator-safety/) - Tag – Elevator Safety
- [American Society of Mechanical Engineers](https://www.floridacondohoalawblog.com/tag/american-society-of-mechanical-engineers/) - Tag – American Society of Mechanical Engineers
- [Choice of Law](https://www.floridacondohoalawblog.com/tag/choice-of-law/) - Tag – Choice of Law
- [Cable Contract](https://www.floridacondohoalawblog.com/tag/cable-contract/) - Tag – Cable Contract
- [Florida Consumer Protection Laws](https://www.floridacondohoalawblog.com/tag/florida-consumer-protection-laws/) - Tag – Florida Consumer Protection Laws
- [Common Facilities](https://www.floridacondohoalawblog.com/tag/common-facilities/) - Tag – Common Facilities
- [Utility Bills](https://www.floridacondohoalawblog.com/tag/utility-bills/) - Tag – Utility Bills
- [Rebuilding](https://www.floridacondohoalawblog.com/tag/rebuilding/) - Tag – Rebuilding
- [Evacuation](https://www.floridacondohoalawblog.com/tag/evacuation/) - Tag – Evacuation
- [Reconstruction](https://www.floridacondohoalawblog.com/tag/reconstruction/) - Tag – Reconstruction
- [Automatic Stay](https://www.floridacondohoalawblog.com/tag/automatic-stay/) - Tag – Automatic Stay
- [Assignment of Rent](https://www.floridacondohoalawblog.com/tag/assignment-of-rent/) - Tag – Assignment of Rent
- [Consumer Product Safety Commission](https://www.floridacondohoalawblog.com/tag/consumer-product-safety-commission/) - Tag – Consumer Product Safety Commission
- [Shared Ownership Community](https://www.floridacondohoalawblog.com/tag/shared-ownership-community/) - Tag – Shared Ownership Community
- [chapter 720](https://www.floridacondohoalawblog.com/tag/chapter-720/) - Tag – Chapter 720, Florida States, the Florida Homeowners’ Association Act
- [Florida Statute](https://www.floridacondohoalawblog.com/tag/florida-statute/) - Tag – Florida Statute
- [Expected Returns](https://www.floridacondohoalawblog.com/tag/expected-returns/) - Tag – Expected Returns
- [Feed-in Tariffs](https://www.floridacondohoalawblog.com/tag/feed-in-tariffs/) - Tag – Feed-in Tariffs
- [Insurance Policies](https://www.floridacondohoalawblog.com/tag/insurance-policies/) - Tag – Insurance Policies
- [Emergency Management](https://www.floridacondohoalawblog.com/tag/emergency-management/) - Tag – Emergency Management
- [Writ of Prohibition](https://www.floridacondohoalawblog.com/tag/writ-of-prohibition/) - Tag – Writ of Prohibition
- [CDD](https://www.floridacondohoalawblog.com/tag/cdd/) - Tag – CDD
- [Community Development Districts](https://www.floridacondohoalawblog.com/tag/community-development-districts/) - Tag – Community Development Districts
- [Condominium Elections](https://www.floridacondohoalawblog.com/tag/condominium-elections/) - Tag – Condominium Elections
- [Condominium Meetings](https://www.floridacondohoalawblog.com/tag/condominium-meetings/) - Tag – Condominium Meetings
- [Condominium Mitigation Loan](https://www.floridacondohoalawblog.com/tag/condominium-mitigation-loan/) - Tag – Condominium Mitigation Loan
- [Bylaws](https://www.floridacondohoalawblog.com/tag/bylaws/) - Tag – Bylaws
- [Insurance Deductible](https://www.floridacondohoalawblog.com/tag/insurance-deductible/) - Tag – Insurance Deductible
- [Implied Warranty](https://www.floridacondohoalawblog.com/tag/implied-warranty/) - Tag – Implied Warranty
- [Antenna](https://www.floridacondohoalawblog.com/tag/antenna/) - Tag – Antenna
- [Injunctive Relief](https://www.floridacondohoalawblog.com/tag/injunctive-relief/) - Tag – Injunctive Relief
- [Audit](https://www.floridacondohoalawblog.com/tag/audit/) - Tag – Audit
- [CUP](https://www.floridacondohoalawblog.com/tag/cup/) - Tag – CUP
- [Late Payments](https://www.floridacondohoalawblog.com/tag/late-payments/) - Tag – Late Payments
- [Duplicate Keys](https://www.floridacondohoalawblog.com/tag/duplicate-keys/) - Tag – Duplicate Keys
- [Committee Meetings](https://www.floridacondohoalawblog.com/tag/committee-meetings/) - Tag – Committee Meetings
- [Licensing](https://www.floridacondohoalawblog.com/tag/licensing/) - Tag – Licensing
- [718.111](https://www.floridacondohoalawblog.com/tag/718-111/) - Tag – Section 718.111, the Florida Condominium Act
- [Amendments](https://www.floridacondohoalawblog.com/tag/amendments/) - Tag – Amendments
- [Rubber Stamp](https://www.floridacondohoalawblog.com/tag/rubber-stamp/) - Tag – Rubber Stamp
- [718.113](https://www.floridacondohoalawblog.com/tag/718-113/) - Tag – Section 718.113, the Florida Condominium Act
- [720.303](https://www.floridacondohoalawblog.com/tag/720-303/) - Tag – Section 720.303, the Florida Condominium Act
- [Inspect](https://www.floridacondohoalawblog.com/tag/inspect/) - Tag – Inspect
- [Member](https://www.floridacondohoalawblog.com/tag/member/) - Tag – Member
- [Condominium Association](https://www.floridacondohoalawblog.com/tag/condominium-association/) - Tag – Condominium Association
- [Payment](https://www.floridacondohoalawblog.com/tag/payment/) - Tag – Payment
- [Interest Fees](https://www.floridacondohoalawblog.com/tag/interest-fees/) - Tag – Interest Fees
- [Treasurer](https://www.floridacondohoalawblog.com/tag/treasurer/) - Tag – Treasurer
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- [718.112](https://www.floridacondohoalawblog.com/tag/718-112/) - Tag – Section 718.112, the Florida Condominium Act
- [Association Budget](https://www.floridacondohoalawblog.com/tag/association-budget/) - Tag – Association Budget
- [Budget Approval](https://www.floridacondohoalawblog.com/tag/budget-approval/) - Tag – Budget Approval
- [Annual Budget](https://www.floridacondohoalawblog.com/tag/annual-budget/) - Tag – Annual Budget
- [Board Member](https://www.floridacondohoalawblog.com/tag/board-member/) - Tag – Board Member
- [Clubhouse](https://www.floridacondohoalawblog.com/tag/clubhouse/) - Tag – Clubhouse
- [Renovations](https://www.floridacondohoalawblog.com/tag/renovations/) - Tag – Renovations
- [Online Voting System](https://www.floridacondohoalawblog.com/tag/online-voting-system/) - Tag – Online Voting System
- [Electronic Votes](https://www.floridacondohoalawblog.com/tag/electronic-votes/) - Tag – Electronic Votes
- [Board Resolution](https://www.floridacondohoalawblog.com/tag/board-resolution/) - Tag – Board Resolution
- [Meeting Ballots](https://www.floridacondohoalawblog.com/tag/meeting-ballots/) - Tag – Meeting Ballots
- [Duplicate Votes](https://www.floridacondohoalawblog.com/tag/duplicate-votes/) - Tag – Duplicate Votes
- [HB 81](https://www.floridacondohoalawblog.com/tag/hb-81/) - Tag – HB 81
- [HB 841](https://www.floridacondohoalawblog.com/tag/hb-841/) - Tag – HB 841
- [Electronic Records](https://www.floridacondohoalawblog.com/tag/electronic-records/) - Tag – Electronic Records
- [Websites](https://www.floridacondohoalawblog.com/tag/websites/) - Tag – Websites
- [Meeting Notes](https://www.floridacondohoalawblog.com/tag/meeting-notes/) - Tag – Meeting Notes
- [Legislative Review](https://www.floridacondohoalawblog.com/tag/legislative-review/) - Tag – Legislative Review
- [Annual Review](https://www.floridacondohoalawblog.com/tag/annual-review/) - Tag – Annual Review
- [718.1255](https://www.floridacondohoalawblog.com/tag/718-1255/) - Tag – Section 718.1255, the Florida Condominium Act
- [Electric Vehicles](https://www.floridacondohoalawblog.com/tag/electric-vehicles/) - Tag – Electronic Vehicles
- [Charging Station](https://www.floridacondohoalawblog.com/tag/charging-station/) - Tag – Charging Station
- [Cooperative Act](https://www.floridacondohoalawblog.com/tag/cooperative-act/) - Tag – Cooperative Act
- [Cooperative Meeting Notices](https://www.floridacondohoalawblog.com/tag/cooperative-meeting-notices/) - Tag – Cooperative Meetings Notices
- [Internet Services](https://www.floridacondohoalawblog.com/tag/internet-services/) - Tag – Internet Services
- [Bulk Contract](https://www.floridacondohoalawblog.com/tag/bulk-contract/) - Tag – Bulk Contract
- [Communication Services](https://www.floridacondohoalawblog.com/tag/communication-services/) - Tag – Communication Services
- [Florida Community Associations](https://www.floridacondohoalawblog.com/tag/florida-community-associations/) - Tag – Florida Community Associations
- [Electronic Notice](https://www.floridacondohoalawblog.com/tag/electronic-notice/) - Tag – Electronic Notice
- [Governing](https://www.floridacondohoalawblog.com/tag/governing/) - Tag – Governing
- [720.306](https://www.floridacondohoalawblog.com/tag/720-306/) - Tag – Section 720.306, the Florida Condominium Act
- [Application of Payments](https://www.floridacondohoalawblog.com/tag/application-of-payments/) - Tag – Application of Payments
- [Joseph Adams](https://www.floridacondohoalawblog.com/tag/joe-adams/) - Tag – Joseph Adams
- [MRTA](https://www.floridacondohoalawblog.com/tag/mrta/) - Tag – MRTA
- [Root of Title](https://www.floridacondohoalawblog.com/tag/root-of-title/) - Tag – Root of Title
- [Property Owners Association](https://www.floridacondohoalawblog.com/tag/property-owners-association/) - Tag – Property Owners Association
- [Filing Notice to Preserve](https://www.floridacondohoalawblog.com/tag/filing-notice-to-preserve/) - Tag – Filing Notice to Preserve
- [Section 712.06](https://www.floridacondohoalawblog.com/tag/section-712-06/) - Tag – Section 712.06
- [Section 720.3032](https://www.floridacondohoalawblog.com/tag/section-720-3032/) - Tag – Section 720.3032
- [Revitalization of Covenants](https://www.floridacondohoalawblog.com/tag/revitalization-of-covenants/) - Tag – Revitalization of Covenants
- [Board Meetings](https://www.floridacondohoalawblog.com/tag/board-meetings/) - Tag – Board Meetings
- [Call In](https://www.floridacondohoalawblog.com/tag/call-in/) - Tag – Call In
- [Speakerphone](https://www.floridacondohoalawblog.com/tag/speakerphone/) - Tag – Speakerphone
- [Seasonal](https://www.floridacondohoalawblog.com/tag/seasonal/) - Tag – Seasonal
- [Association Contract](https://www.floridacondohoalawblog.com/tag/association-contract/) - Tag – Association Contract
- [Manager Contract](https://www.floridacondohoalawblog.com/tag/manager-contract/) - Tag – Manager Contract
- [Florida Cooperative Act](https://www.floridacondohoalawblog.com/tag/florida-cooperative-act/) - Tag – Florida Cooperative Act
- [719.104](https://www.floridacondohoalawblog.com/tag/719-104/) - Tag – Section 719.104, the Florida Condominium Act
- [Community Association Legislative Guide](https://www.floridacondohoalawblog.com/tag/community-association-legislative-guide/) - Tag – Community Association Legislative Guide
- [2018](https://www.floridacondohoalawblog.com/tag/2018/) - Tag – 2018
- [Board Certified](https://www.floridacondohoalawblog.com/tag/board-certified/) - Tag – Board Certified
- [Consecutive Terms](https://www.floridacondohoalawblog.com/tag/consecutive-terms/) - Tag – Consecutive Terms
- [Term](https://www.floridacondohoalawblog.com/tag/term/) - Tag – Term
- [Renting](https://www.floridacondohoalawblog.com/tag/renting/) - Tag – Renting
- [718.303](https://www.floridacondohoalawblog.com/tag/718-303/) - Tag – Section 718.303, the Florida Condominium Act
- [Tenant](https://www.floridacondohoalawblog.com/tag/tenant/) - Tag – Tenant
- [Special Assessment](https://www.floridacondohoalawblog.com/tag/special-assessment/) - Tag – Special Assessment
- [Title](https://www.floridacondohoalawblog.com/tag/title/) - Tag – Title
- [Appurtenant](https://www.floridacondohoalawblog.com/tag/appurtenant/) - Tag – Appurtenant
- [Neighborhood](https://www.floridacondohoalawblog.com/tag/neighborhood/) - Tag – Neighborhood
- [Document Amendments](https://www.floridacondohoalawblog.com/tag/document-amendments/) - Tag – Document Amendments
- [Financial Reporting](https://www.floridacondohoalawblog.com/tag/financial-reporting/) - Tag – Financial Reporting
- [718.3025](https://www.floridacondohoalawblog.com/tag/718-3025/) - Tag – Section 718.3025, the Florida Condominium Act
- [Architectural Review](https://www.floridacondohoalawblog.com/tag/architectural-review/) - Tag – Architectural Review
- [Regulations](https://www.floridacondohoalawblog.com/tag/regulations/) - Tag – Regulations
- [Sale](https://www.floridacondohoalawblog.com/tag/sale/) - Tag – Sale
- [Accessing](https://www.floridacondohoalawblog.com/tag/accessing/) - Tag – Accessing
- [Hurricane Guide](https://www.floridacondohoalawblog.com/tag/hurricane-guide/) - Tag – Hurricane Guide
- [720.304](https://www.floridacondohoalawblog.com/tag/720-304/) - Tag – Section 720.304, the Florida Condominium Act
- [Corporate Charter](https://www.floridacondohoalawblog.com/tag/corporate-charter/) - Tag – Corporate Charter
- [Corporate Housekeeping Rules](https://www.floridacondohoalawblog.com/tag/corporate-housekeeping-rules/) - Tag – Corporate Housekeeping Rules
- [Administrative Rules](https://www.floridacondohoalawblog.com/tag/administrative-rules/) - Tag – Administrative Rules
- [Flagpole](https://www.floridacondohoalawblog.com/tag/flagpole/) - Tag – Flagpole
- [Erect](https://www.floridacondohoalawblog.com/tag/erect/) - Tag – Erect
- [718.110](https://www.floridacondohoalawblog.com/tag/718-110/) - Tag – Section 718.110, the Florida Condominium Act
- [90days](https://www.floridacondohoalawblog.com/tag/90days/) - Tag – 90 Days
- [Amend](https://www.floridacondohoalawblog.com/tag/amend/) - Tag – Amend
- [Non-Vote](https://www.floridacondohoalawblog.com/tag/non-vote/) - Tag – Non-Vote
- [Code-Compliant](https://www.floridacondohoalawblog.com/tag/code-compliant/) - Tag – Code Compliant
- [Complaints](https://www.floridacondohoalawblog.com/tag/complaints/) - Tag – Complaints
- [Recreational Facilities](https://www.floridacondohoalawblog.com/tag/recreational-facilities/) - Tag – Recreational Facilities
- [Renters](https://www.floridacondohoalawblog.com/tag/renters/) - Tag – Renters
- [718.016](https://www.floridacondohoalawblog.com/tag/718-016/) - Tag – Section 718.016, the Florida Condominium Act
- [Landscape Architect](https://www.floridacondohoalawblog.com/tag/landscape-architect/) - Tag – Landscape Architect
- [718.3026](https://www.floridacondohoalawblog.com/tag/718-3026/) - Tag – Section 718.3026, the Florida Condominium Act
- [163.04](https://www.floridacondohoalawblog.com/tag/163-04/) - Tag – Section 163.04 of the Florida Statute
- [Architectural Review Guidelines](https://www.floridacondohoalawblog.com/tag/architectural-review-guidelines/) - Tag – Architectural Review Guidelines
- [State Run Community Association](https://www.floridacondohoalawblog.com/tag/state-run-community-association/) - Tag – State Run Community Association (SRCA)
- [Professional Management](https://www.floridacondohoalawblog.com/tag/professional-management/) - Tag – Professional Management
- [Receiver](https://www.floridacondohoalawblog.com/tag/receiver/) - Tag – Receiver
- [718.1124](https://www.floridacondohoalawblog.com/tag/718-1124/) - Tag – Section 718.1124, the Florida Condominium Act
- [Organizational Meeting](https://www.floridacondohoalawblog.com/tag/organizational-meeting/) - Tag – Organizational Meeting
- [61B-21](https://www.floridacondohoalawblog.com/tag/61b-21/) - Tag – Chapter 61B-21 of the Florida Administrative Code
- [Florida Administrative Code](https://www.floridacondohoalawblog.com/tag/florida-administrative-code/) - Tag – Florida Administrative Code
- [Notice of Noncompliance](https://www.floridacondohoalawblog.com/tag/notice-of-noncompliance/) - Tag – Notice of Noncompliance
- [Federal Communications Commission](https://www.floridacondohoalawblog.com/tag/federal-communications-commission/) - Tag – Federal Communications Commission
- [Grammatical Errors](https://www.floridacondohoalawblog.com/tag/grammatical-errors/) - Tag – Grammatical Errors
- [Plurality](https://www.floridacondohoalawblog.com/tag/plurality/) - Tag – Plurality
- [Zoning Board](https://www.floridacondohoalawblog.com/tag/zoning-board/) - Tag – Zoning Board
- [City Commission](https://www.floridacondohoalawblog.com/tag/city-commission/) - Tag – City commission
- [Zoning Code](https://www.floridacondohoalawblog.com/tag/zoning-code/) - Tag – Zoning Code
- [Municipal Land Development Code](https://www.floridacondohoalawblog.com/tag/municipal-land-development-code/) - Tag – Municipal Land Development Code
- [City Planners](https://www.floridacondohoalawblog.com/tag/city-planners/) - Tag – City Planners
- [Corporate Entity](https://www.floridacondohoalawblog.com/tag/corporate-entity/) - Tag – Corporate Entity
- [Master Association](https://www.floridacondohoalawblog.com/tag/master-association/) - Tag – Master Association
- [Subassociations](https://www.floridacondohoalawblog.com/tag/subassociations/) - Tag – Subassociations
- [718](https://www.floridacondohoalawblog.com/tag/718/) - Tag – Chapter 718, the Florida Condominium Act
- [720](https://www.floridacondohoalawblog.com/tag/720/) - Tag – Chapter 720, the Florida Condominium Act
- [Committees](https://www.floridacondohoalawblog.com/tag/committees/) - Tag – Committees
- [Investment Property](https://www.floridacondohoalawblog.com/tag/investment-property/) - Tag – Investment Property
- [Mailing Address](https://www.floridacondohoalawblog.com/tag/mailing-address/) - Tag – Mailing Address
- [Collection](https://www.floridacondohoalawblog.com/tag/collection/) - Tag – Collection
- [Right of Access](https://www.floridacondohoalawblog.com/tag/right-of-access/) - Tag – Right of Access
- [Reasonable Notice](https://www.floridacondohoalawblog.com/tag/reasonable-notice/) - Tag – Reasonable Notice
- [Veteran](https://www.floridacondohoalawblog.com/tag/veteran/) - Tag – Veteran
- [Displaying the Flag](https://www.floridacondohoalawblog.com/tag/displaying-the-flag/) - Tag – Displaying the Flag
- [Freedom to Display](https://www.floridacondohoalawblog.com/tag/freedom-to-display/) - Tag – Freedom to Display
- [Statutory](https://www.floridacondohoalawblog.com/tag/statutory/) - Tag – Statutory
- [Retroactive](https://www.floridacondohoalawblog.com/tag/retroactive/) - Tag – Retroactive
- [Procedural](https://www.floridacondohoalawblog.com/tag/procedural/) - Tag – Procedural
- [Swimming Pool](https://www.floridacondohoalawblog.com/tag/swimming-pool/) - Tag – Swimming Pool
- [Swimming](https://www.floridacondohoalawblog.com/tag/swimming/) - Tag – Swimming
- [Swimming Lessons](https://www.floridacondohoalawblog.com/tag/swimming-lessons/) - Tag – Swimming Lessons
- [Granfathered In](https://www.floridacondohoalawblog.com/tag/granfathered-in/) - Tag – Granfathered In
- [Hazard](https://www.floridacondohoalawblog.com/tag/hazard/) - Tag – Hazard
- [Amenities](https://www.floridacondohoalawblog.com/tag/amenities/) - Tag – Amenities
- [Membership](https://www.floridacondohoalawblog.com/tag/membership/) - Tag – Membership
- [Incident](https://www.floridacondohoalawblog.com/tag/incident/) - Tag – Incident
- [Bundled](https://www.floridacondohoalawblog.com/tag/bundled/) - Tag – Bundled
- [Finances](https://www.floridacondohoalawblog.com/tag/finances/) - Tag – Finances
- [Social Committee](https://www.floridacondohoalawblog.com/tag/social-committee/) - Tag – Social Committee
- [Board Spending](https://www.floridacondohoalawblog.com/tag/board-spending/) - Tag – Board Spending
- [718.115](https://www.floridacondohoalawblog.com/tag/718-115/) - Tag – Section 718.115, the Florida Condominium Act
- [Pavers](https://www.floridacondohoalawblog.com/tag/pavers/) - Tag – Pavers
- [720.3035](https://www.floridacondohoalawblog.com/tag/720-3035/) - Tag – Section 720.3035, the Florida Condominium Act
- [Alterations](https://www.floridacondohoalawblog.com/tag/alterations/) - Tag – Alterations
- [Aesthetically Pleasing](https://www.floridacondohoalawblog.com/tag/aesthetically-pleasing/) - Tag – Aesthetically Pleasing
- [Guidelines](https://www.floridacondohoalawblog.com/tag/guidelines/) - Tag – Guidelines
- [Tie-Breaker](https://www.floridacondohoalawblog.com/tag/tie-breaker/) - Tag – Tie-Breaker
- [Replacement](https://www.floridacondohoalawblog.com/tag/replacement/) - Tag – Replacement
- [Drainage System](https://www.floridacondohoalawblog.com/tag/drainage-system/) - Tag – Drainage System
- [Storm Drain](https://www.floridacondohoalawblog.com/tag/storm-drain/) - Tag – Storm Drain
- [Neighbors](https://www.floridacondohoalawblog.com/tag/neighbors/) - Tag – Neighbors
- [CPA](https://www.floridacondohoalawblog.com/tag/cpa/) - Tag – CPA
- [Repair Project](https://www.floridacondohoalawblog.com/tag/repair-project/) - Tag – Repair Project
- [Refund Excess Funds](https://www.floridacondohoalawblog.com/tag/refund-excess-funds/) - Tag – Refund Excess Funds
- [718.116](https://www.floridacondohoalawblog.com/tag/718-116/) - Tag – Section 718.116, the Florida Condominium Act
- [Property Rights](https://www.floridacondohoalawblog.com/tag/property-rights/) - Tag – Property Rights
- [Multiple Office](https://www.floridacondohoalawblog.com/tag/multiple-office/) - Tag – Multiple Office
- [Multiple Roles](https://www.floridacondohoalawblog.com/tag/multiple-roles/) - Tag – Multiple Roles
- [617.0840](https://www.floridacondohoalawblog.com/tag/617-0840/) - Tag – Section 617.0840(4) of the Florida Not For Profit Corporations Act
- [Florida Not for Profit Corporations Act](https://www.floridacondohoalawblog.com/tag/florida-not-for-profit-corporations-act/) - Tag – Florida Not for Profit Corporations Act
- [Separation of Control](https://www.floridacondohoalawblog.com/tag/separation-of-control/) - Tag – Separation of Control
- [Outdoor Grill](https://www.floridacondohoalawblog.com/tag/outdoor-grill/) - Tag – Outdoor Grill
- [Townhouse](https://www.floridacondohoalawblog.com/tag/townhouse/) - Tag – Townhouse
- [10.10.6.1](https://www.floridacondohoalawblog.com/tag/10-10-6-1/) - Tag – Section 10.10.6.1 of The Sixth Edition of the Florida Fire Prevention Code
- [3.3.183.22](https://www.floridacondohoalawblog.com/tag/3-3-183-22/) - Tag – Section 3.3.183.22 of The Sixth Edition of the Florida Fire Prevention Code
- [Beach Access](https://www.floridacondohoalawblog.com/tag/beach-access/) - Tag – Beach Access
- [HB 631](https://www.floridacondohoalawblog.com/tag/hb-631/) - Tag – HB 631
- [Possession of Real Property](https://www.floridacondohoalawblog.com/tag/possession-of-real-property/) - Tag – Possession of Real Property
- [Customary Use Ordinances](https://www.floridacondohoalawblog.com/tag/customary-use-ordinances/) - Tag – Customary Use Ordinances
- [Beachgoers](https://www.floridacondohoalawblog.com/tag/beachgoers/) - Tag – Beachgoers
- [Legal Tools](https://www.floridacondohoalawblog.com/tag/legal-tools/) - Tag – Legal Tools
- [Participation](https://www.floridacondohoalawblog.com/tag/participation/) - Tag – Participation
- [Written inquiries](https://www.floridacondohoalawblog.com/tag/written-inquiries/) - Tag – Written Inquires
- [Certified Mail](https://www.floridacondohoalawblog.com/tag/certified-mail/) - Tag – Certified Mail
- [Florida Homeowners Association Act](https://www.floridacondohoalawblog.com/tag/florida-homeowners-association-act/) - Tag – Florida Homeowners Association Act
- [Keeping Record](https://www.floridacondohoalawblog.com/tag/keeping-record/) - Tag – Keeping Records
- [Seven Years](https://www.floridacondohoalawblog.com/tag/seven-years/) - Tag – Seven Years (7 year time frame)
- [Keeping Minutes](https://www.floridacondohoalawblog.com/tag/keeping-minutes/) - Tag – Keeping Minutes
- [Straight-Line Reserves](https://www.floridacondohoalawblog.com/tag/straight-line-reserves/) - Tag – Straight-Line Reserves
- [Membership Vote](https://www.floridacondohoalawblog.com/tag/membership-vote/) - Tag – Membership Vote
- [Cash Flow](https://www.floridacondohoalawblog.com/tag/cash-flow/) - Tag – Cash Flow
- [Dispute](https://www.floridacondohoalawblog.com/tag/dispute/) - Tag – Dispute
- [Damage Common Property](https://www.floridacondohoalawblog.com/tag/damage-common-property/) - Tag – Damage Common Property
- [Recover Attorney fees](https://www.floridacondohoalawblog.com/tag/recover-attorney-fees/) - Tag – Recover Attorney Fees
- [Sue](https://www.floridacondohoalawblog.com/tag/sue/) - Tag – Sue
- [Trustee](https://www.floridacondohoalawblog.com/tag/trustee/) - Tag – Trustee
- [Qualified](https://www.floridacondohoalawblog.com/tag/qualified/) - Tag – Qualified
- [Florida Business Corporation Act](https://www.floridacondohoalawblog.com/tag/florida-business-corporation-act/) - Tag – Florida Business Corporation Act
- [Leasing](https://www.floridacondohoalawblog.com/tag/leasing/) - Tag – Leasing
- [Minimum Lease Term](https://www.floridacondohoalawblog.com/tag/minimum-lease-term/) - Tag – Minimum Lease Term
- [Rental Restrictions](https://www.floridacondohoalawblog.com/tag/rental-restrictions/) - Tag – Rental Restrictions
- [Reserve Funding](https://www.floridacondohoalawblog.com/tag/reserve-funding/) - Tag – Reserve Funding
- [Reserve Balance](https://www.floridacondohoalawblog.com/tag/reserve-balance/) - Tag – Reserve Balance
- [Arrest](https://www.floridacondohoalawblog.com/tag/arrest/) - Tag – Arrest
- [Tennis](https://www.floridacondohoalawblog.com/tag/tennis/) - Tag – Tennis
- [Remove](https://www.floridacondohoalawblog.com/tag/remove/) - Tag – Remove
- [Behavior](https://www.floridacondohoalawblog.com/tag/behavior/) - Tag – Behavior
- [Broken](https://www.floridacondohoalawblog.com/tag/broken/) - Tag – Broken
- [House Closing](https://www.floridacondohoalawblog.com/tag/house-closing/) - Tag – House Closing
- [Guests](https://www.floridacondohoalawblog.com/tag/guests/) - Tag – Guests
- [Short-Term Rental](https://www.floridacondohoalawblog.com/tag/short-term-rental/) - Tag – Short-term Rental
- [Resort](https://www.floridacondohoalawblog.com/tag/resort/) - Tag – Resort
- [Confidential](https://www.floridacondohoalawblog.com/tag/confidential/) - Tag – Confidential
- [Violation of Privacy](https://www.floridacondohoalawblog.com/tag/violation-of-privacy/) - Tag – Violation of Privacy
- [Recover](https://www.floridacondohoalawblog.com/tag/recover/) - Tag – Recover
- [Access](https://www.floridacondohoalawblog.com/tag/access/) - Tag – Access
- [Lake Maintenance Easements](https://www.floridacondohoalawblog.com/tag/lake-maintenance-easements/) - Tag – Lake Maintenance Easements
- [Annual Payment](https://www.floridacondohoalawblog.com/tag/annual-payment/) - Tag – Annual Payment
- [Monthly](https://www.floridacondohoalawblog.com/tag/monthly/) - Tag – Monthly
- [Quarterly](https://www.floridacondohoalawblog.com/tag/quarterly/) - Tag – Quarterly
- [2019 Legislative Session](https://www.floridacondohoalawblog.com/tag/2019-legislative-session/) - Tag – 2019 Legislative Session
- [Written Consent and Joinder](https://www.floridacondohoalawblog.com/tag/written-consent-and-joinder/) - Tag – Written Consent and Joinder
- [Purchase Unit](https://www.floridacondohoalawblog.com/tag/purchase-unit/) - Tag – Purchase Unit
- [Financial Statement](https://www.floridacondohoalawblog.com/tag/financial-statement/) - Tag – Financial Statement
- [720.3055](https://www.floridacondohoalawblog.com/tag/720-3055/) - Tag – Section 720.3055, the Florida Condominium Act
- [Competitive](https://www.floridacondohoalawblog.com/tag/competitive/) - Tag – Competitive
- [Bid](https://www.floridacondohoalawblog.com/tag/bid/) - Tag – Bid
- [Lowest Price](https://www.floridacondohoalawblog.com/tag/lowest-price/) - Tag – Lowest Price
- [Florida Residents](https://www.floridacondohoalawblog.com/tag/florida-residents/) - Tag – Florida Residents
- [718.122](https://www.floridacondohoalawblog.com/tag/718-122/) - Tag – Section 718.122, the Florida Condominium Act
- [Common Property](https://www.floridacondohoalawblog.com/tag/common-property/) - Tag – Common Property
- [Vote by Proxy](https://www.floridacondohoalawblog.com/tag/vote-by-proxy/) - Tag – Vote by Proxy
- [Air-Condition](https://www.floridacondohoalawblog.com/tag/air-condition/) - Tag – Air-Condition
- [Insurable Event](https://www.floridacondohoalawblog.com/tag/insurable-event/) - Tag – Insurable Event
- [Limited Common Elements](https://www.floridacondohoalawblog.com/tag/limited-common-elements/) - Tag – Limited Common Elements
- [Reserve Study](https://www.floridacondohoalawblog.com/tag/reserve-study/) - Tag – Reserve Study
- [New Rules](https://www.floridacondohoalawblog.com/tag/new-rules/) - Tag – New Rules
- [Rule Changes](https://www.floridacondohoalawblog.com/tag/rule-changes/) - Tag – Rule Changes
- [Rule Approval](https://www.floridacondohoalawblog.com/tag/rule-approval/) - Tag – Rule Approval
- [Term Limit Law](https://www.floridacondohoalawblog.com/tag/term-limit-law/) - Tag – Term Limit Law
- [719](https://www.floridacondohoalawblog.com/tag/719/) - Tag – Chapter 719, the Florida Condominium Act
- [Unit Owner Name](https://www.floridacondohoalawblog.com/tag/unit-owner-name/) - Tag – Unit-Owner Name
- [Roster](https://www.floridacondohoalawblog.com/tag/roster/) - Tag – Roster
- [Public Record](https://www.floridacondohoalawblog.com/tag/public-record/) - Tag – Public Record
- [Written Request](https://www.floridacondohoalawblog.com/tag/written-request/) - Tag – Written Request
- [Information Request](https://www.floridacondohoalawblog.com/tag/information-request/) - Tag – Information Request
- [U.S. Mail](https://www.floridacondohoalawblog.com/tag/u-s-mail/) - Tag – U.S. Mail
- [Electronic transmission](https://www.floridacondohoalawblog.com/tag/electronic-transmission/) - Tag – Electronic Transmission
- [Hand Delivery](https://www.floridacondohoalawblog.com/tag/hand-delivery/) - Tag – Hand Delivery
- [Alcohol](https://www.floridacondohoalawblog.com/tag/alcohol/) - Tag – Alcohol
- [Liquor](https://www.floridacondohoalawblog.com/tag/liquor/) - Tag – Liquor
- [Wine](https://www.floridacondohoalawblog.com/tag/wine/) - Tag – Wine
- [Beer](https://www.floridacondohoalawblog.com/tag/beer/) - Tag – Beer
- [Happy Hour](https://www.floridacondohoalawblog.com/tag/happy-hour/) - Tag – Happy Hour
- [Hidden Harbour Estates](https://www.floridacondohoalawblog.com/tag/hidden-harbour-estates/) - Tag – Hidden Harbour Estates
- [Public Information](https://www.floridacondohoalawblog.com/tag/public-information/) - Tag – Public Information
- [Vote by Limited Proxy](https://www.floridacondohoalawblog.com/tag/vote-by-limited-proxy/) - Tag – Vote by Limited Proxy
- [Property Rental](https://www.floridacondohoalawblog.com/tag/property-rental/) - Tag – Property Rental
- [Project Cost](https://www.floridacondohoalawblog.com/tag/project-cost/) - Tag – Project Cost
- [Gambling](https://www.floridacondohoalawblog.com/tag/gambling/) - Tag – Gambling
- [Raffle](https://www.floridacondohoalawblog.com/tag/raffle/) - Tag – Raffle
- [849.11](https://www.floridacondohoalawblog.com/tag/849-11/) - Tag – Section 849.11, Florida Statutes
- [849.0935](https://www.floridacondohoalawblog.com/tag/849-0935/) - Tag – Section 849.0935, Florida Statutes
- [Internal Revenue Code](https://www.floridacondohoalawblog.com/tag/internal-revenue-code/) - Tag – Internal Revenue Code
- [Charitable](https://www.floridacondohoalawblog.com/tag/charitable/) - Tag – Charitable
- [Nonprofit](https://www.floridacondohoalawblog.com/tag/nonprofit/) - Tag – Nonprofit
- [Gridlock](https://www.floridacondohoalawblog.com/tag/gridlock/) - Tag – Gridlock
- [Educating Members](https://www.floridacondohoalawblog.com/tag/educating-members/) - Tag – Educating Members
- [Prohibit Contracts](https://www.floridacondohoalawblog.com/tag/prohibit-contracts/) - Tag – Prohibit Contracts
- [Kickbacks](https://www.floridacondohoalawblog.com/tag/kickbacks/) - Tag – Kickbacks
- [Cumulative Voting](https://www.floridacondohoalawblog.com/tag/cumulative-voting/) - Tag – Cumulative Voting
- [617.0721](https://www.floridacondohoalawblog.com/tag/617-0721/) - Tag – Section 617.0721(5) of the Florida Not For Profit Corporation Act
- [718.103](https://www.floridacondohoalawblog.com/tag/718-103/) - Tag – Section 718.103, the Florida Condominium Act
- [Hoarder](https://www.floridacondohoalawblog.com/tag/hoarder/) - Tag – Hoarder
- [Florida Department of Children and Families](https://www.floridacondohoalawblog.com/tag/florida-department-of-children-and-families/) - Tag – Florida Department of Children and Families
- [DCF](https://www.floridacondohoalawblog.com/tag/dcf/) - Tag – DCF
- [Standard Unsafe Building Abatement Code](https://www.floridacondohoalawblog.com/tag/standard-unsafe-building-abatement-code/) - Tag – Standard Unsafe Building Abatement Code
- [SUBAC](https://www.floridacondohoalawblog.com/tag/subac/) - Tag – SUBAC (1985 Standard Unsafe Building Abatement Code)
- [Help](https://www.floridacondohoalawblog.com/tag/help/) - Tag – Help
- [720.309](https://www.floridacondohoalawblog.com/tag/720-309/) - Tag – Section 720.309, the Florida Condominium Act
- [Cable](https://www.floridacondohoalawblog.com/tag/cable/) - Tag – Cable
- [Internet](https://www.floridacondohoalawblog.com/tag/internet/) - Tag – Internet
- [Telecom](https://www.floridacondohoalawblog.com/tag/telecom/) - Tag – Telecom
- [Vaping](https://www.floridacondohoalawblog.com/tag/vaping/) - Tag – Vaping
- [Public Area](https://www.floridacondohoalawblog.com/tag/public-area/) - Tag – Public Area
- [Vape](https://www.floridacondohoalawblog.com/tag/vape/) - Tag – Vape
- [Pest Control](https://www.floridacondohoalawblog.com/tag/pest-control/) - Tag – Pest Control
- [Private Property](https://www.floridacondohoalawblog.com/tag/private-property/) - Tag – Private Property
- [Power of Attorney](https://www.floridacondohoalawblog.com/tag/power-of-attorney/) - Tag – Power of Attorney
- [Resign](https://www.floridacondohoalawblog.com/tag/resign/) - Tag – Resign
- [Quit](https://www.floridacondohoalawblog.com/tag/quit/) - Tag – Quit
- [Pool Deck](https://www.floridacondohoalawblog.com/tag/pool-deck/) - Tag – Pool Deck
- [Necessary Maintenance](https://www.floridacondohoalawblog.com/tag/necessary-maintenance/) - Tag – Necessary Maintenance
- [Chapter 617](https://www.floridacondohoalawblog.com/tag/chapter-617/) - Tag- Chapter 617 of the Florida Not For Profit Corporation Act
- [Time Limit](https://www.floridacondohoalawblog.com/tag/time-limit/) - Tag – Time Limit
- [County](https://www.floridacondohoalawblog.com/tag/county/) - Tag – County
- [Voting Interest](https://www.floridacondohoalawblog.com/tag/voting-interest/) - Tag – Voting Interest
- [Multiple Votes](https://www.floridacondohoalawblog.com/tag/multiple-votes/) - Tag – Multiple Votes
- [Boards](https://www.floridacondohoalawblog.com/tag/boards/) - Tag – Boards
- [Florida Homeowners Association Act Homeowners](https://www.floridacondohoalawblog.com/tag/florida-homeowners-association-act-homeowners/) - Tag – Florida Homeowners Association Act Homeowners
- [Hurricane Season](https://www.floridacondohoalawblog.com/tag/hurricane-season/) - Tag – Hurricane Season
- [Land Use](https://www.floridacondohoalawblog.com/tag/land-use/) - Tag – Land Use
- [Zoning](https://www.floridacondohoalawblog.com/tag/zoning/) - Tag – Zoning
- [Government Law](https://www.floridacondohoalawblog.com/tag/government-law/) - Tag – Government Law
- [Lobbying](https://www.floridacondohoalawblog.com/tag/lobbying/) - Tag – Lobbying
- [Corporate Representation](https://www.floridacondohoalawblog.com/tag/corporate-representation/) - Tag – Corporate Representation
- [Community](https://www.floridacondohoalawblog.com/tag/community/) - Tag – Community
- [Florida law](https://www.floridacondohoalawblog.com/tag/florida-law/) - Tag – Florida Law
- [Condominiums](https://www.floridacondohoalawblog.com/tag/condominiums/) - Tag – Condominiums
- [Condos](https://www.floridacondohoalawblog.com/tag/condos/) - Tag – Condos
- [Florida Bar](https://www.floridacondohoalawblog.com/tag/florida-bar/) - Tag – Florida Bar
- [Podcast](https://www.floridacondohoalawblog.com/tag/podcast/) - Tag – Podcast
- [Attorney](https://www.floridacondohoalawblog.com/tag/attorney/) - Tag – Attorney
- [Lee County](https://www.floridacondohoalawblog.com/tag/lee-county/) - Tag – Lee County
- [Hurricane Insurance](https://www.floridacondohoalawblog.com/tag/hurricane-insurance/) - Tag – Hurricane Insurance
- [New York](https://www.floridacondohoalawblog.com/tag/new-york/) - Tag – New York
- [Hurricane Wilma](https://www.floridacondohoalawblog.com/tag/hurricane-wilma/) - Tag – Hurricane Wilma
- [Florida State Guaranty Association](https://www.floridacondohoalawblog.com/tag/florida-state-guaranty-association/) - Tag – Florida State Guaranty Association
- [Associations](https://www.floridacondohoalawblog.com/tag/associations/) - Tag – Associations
- [Climate Change](https://www.floridacondohoalawblog.com/tag/climate-change/) - Tag – Climate Change
- [Sea Levels](https://www.floridacondohoalawblog.com/tag/sea-levels/) - Tag – Sea Levels
- [Miami](https://www.floridacondohoalawblog.com/tag/miami/) - Tag – Miami
- [Coastal Communities](https://www.floridacondohoalawblog.com/tag/coastal-communities/) - Tag – Coastal Communities
- [Airbnb](https://www.floridacondohoalawblog.com/tag/airbnb/) - Tag – Airbnb
- [Public Adjuster](https://www.floridacondohoalawblog.com/tag/public-adjuster/) - Tag – Public Adjuster
- [Miami Herald](https://www.floridacondohoalawblog.com/tag/miami-herald/) - Tag – Miami Herald
- [Illegal](https://www.floridacondohoalawblog.com/tag/illegal/) - Tag – Illegal
- [Community Associations](https://www.floridacondohoalawblog.com/tag/community-associations/) - Tag – Community Associations
- [Transfer Fees](https://www.floridacondohoalawblog.com/tag/transfer-fees/) - Tag – Transfer Fees
- [Lease](https://www.floridacondohoalawblog.com/tag/lease/) - Tag – Lease
- [Association Elections](https://www.floridacondohoalawblog.com/tag/association-elections/) - Tag – Association Elections
- [Regla 80-20](https://www.floridacondohoalawblog.com/tag/regla-80-20/) - Tag – Regla 80-20 (80-20 Rule)
- [Vivienda Equitativa](https://www.floridacondohoalawblog.com/tag/vivienda-equitativa/) - Tag – Vivienda Equitativa
- [Español](https://www.floridacondohoalawblog.com/tag/espanol/) - Tag – Español
- [ADA Compliance](https://www.floridacondohoalawblog.com/tag/ada-compliance/) - Tag – ADA Compliance
- [ADA](https://www.floridacondohoalawblog.com/tag/ada/) - Tag – ADA
- [Communication](https://www.floridacondohoalawblog.com/tag/communication/) - Tag – Communication
- [Emotional Support Animals](https://www.floridacondohoalawblog.com/tag/emotional-support-animals/) - Tag – Emotional Support Animals
- [ESA](https://www.floridacondohoalawblog.com/tag/esa/) - Tag – ESA
- [FLCAJ](https://www.floridacondohoalawblog.com/tag/flcaj/) - Tag – FLCAJ
- [Collections Policy](https://www.floridacondohoalawblog.com/tag/collections-policy/) - Tag – Collections Policy
- [Snow Birds](https://www.floridacondohoalawblog.com/tag/snow-birds/) - Tag – Snow Birds
- [HB 209](https://www.floridacondohoalawblog.com/tag/hb-209/) - Tag – HB 209
- [Property Manager](https://www.floridacondohoalawblog.com/tag/property-manager/) - Tag – Property Manager
- [CondoMundo](https://www.floridacondohoalawblog.com/tag/condomundo/) - Tag – CondoMundo
- [Spouses](https://www.floridacondohoalawblog.com/tag/spouses/) - Tag – Spouses
- [Speeding](https://www.floridacondohoalawblog.com/tag/speeding/) - Tag – Speeding
- [Traffic Rules](https://www.floridacondohoalawblog.com/tag/traffic-rules/) - Tag – Traffic Rules
- [News-Press](https://www.floridacondohoalawblog.com/tag/news-press/) - Tag – News-Press Magazine
- [55 and over](https://www.floridacondohoalawblog.com/tag/55-and-over/) - Tag – 55 and over
- [QA](https://www.floridacondohoalawblog.com/tag/qa/) - Tag – QA
- [Newsletter](https://www.floridacondohoalawblog.com/tag/newsletter/) - Tag – Newsletter
- [Q](https://www.floridacondohoalawblog.com/tag/q/)
- [claims process](https://www.floridacondohoalawblog.com/tag/claims-process/)
- [insurance claim](https://www.floridacondohoalawblog.com/tag/insurance-claim/)
- [volunteer](https://www.floridacondohoalawblog.com/tag/volunteer/)
- [SFPMA](https://www.floridacondohoalawblog.com/tag/sfpma/)
- [Community Association Management Insider](https://www.floridacondohoalawblog.com/tag/community-association-management-insider/)
- [doorbell camera](https://www.floridacondohoalawblog.com/tag/doorbell-camera/)
- [FCAP](https://www.floridacondohoalawblog.com/tag/fcap/)
- [Naples Daily News](https://www.floridacondohoalawblog.com/tag/naples-daily-news/)
- [Political Signs](https://www.floridacondohoalawblog.com/tag/political-signs/)
- [CAI South Gulf Coast](https://www.floridacondohoalawblog.com/tag/cai-south-gulf-coast/)
- [Employment Law](https://www.floridacondohoalawblog.com/tag/employment-law/)
- [Community Update](https://www.floridacondohoalawblog.com/tag/community-update/)
- [Children](https://www.floridacondohoalawblog.com/tag/children/)
- [Security](https://www.floridacondohoalawblog.com/tag/security/)
- [Security Cameras](https://www.floridacondohoalawblog.com/tag/security-cameras/)
- [Rental Agreement](https://www.floridacondohoalawblog.com/tag/rental-agreement/)
- [Dispute Resolution](https://www.floridacondohoalawblog.com/tag/dispute-resolution/)
- [Retraining Order](https://www.floridacondohoalawblog.com/tag/retraining-order/)

## Outgoing Blogs

- [beckerlawyers.com](https://www.floridacondohoalawblog.com/outgoing-blogs/beckerlawyers-com/) - Outgoing Blog Posts by type beckerlawyers.com
- [constructionlawauthority.com](https://www.floridacondohoalawblog.com/outgoing-blogs/constructionlawauthority-com/)
- [realestatelawblog.com](https://www.floridacondohoalawblog.com/outgoing-blogs/realestatelawblog-com/)