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beckerlawyers.com

Article Community Update

The Effect of Section 720.3045, Florida Statute on Homeowner Association

  • Florence King
    Florence King
Posted on November 29, 2023November 30, 2023

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 …

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Article Community Update

Damage to Units

  • Mark D. Friedman
    Mark D. Friedman
Posted on October 27, 2023October 26, 2023

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 …

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Article Community Update

Who May Run for the Board?

  • Mark D. Friedman
    Mark D. Friedman
Posted on October 27, 2023October 26, 2023

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 …

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Article Community Update

Fiduciary Relationship and the Business Judgment Rule

  • Joseph Arena
    Joseph Arena
Posted on October 27, 2023October 26, 2023

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 …

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Article Community Update

Are Those Under Age 18 a Protected Class?

  • Michael O. Dermody
    Michael O. Dermody
Posted on September 27, 2023

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 …

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Article Community Update

Navigating the Complex World of HOA Architectural Control

  • Joseph Arena
    Joseph Arena
Posted on September 27, 2023

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 …

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Article Community Update

Borrowing Money

  • Mark D. Friedman
    Mark D. Friedman
Posted on September 27, 2023

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.

  1. …
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Insight

Backyard Storage Woes: Does the New Backyard Storage Statute Apply to Your Homeowners Association?

  • Bryony G. Swift
    Bryony G. Swift
Posted on September 18, 2023

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) …

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Article Community Update

Housing For Older Persons

  • Marty Platts
    Marty Platts
Posted on August 30, 2023

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 …

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Article Community Update

Keeping Your HOA’s Covenants Alive

  • Joseph Arena
    Joseph Arena
Posted on August 30, 2023

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 …

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Recent Posts

  • Tick Tock: Your Associations’ Right to Sue Has an Expiration Date August 25, 2026
  • Electronic Voting Does Not Eliminate the Need for Limited Proxies August 25, 2026
  • HB 797 Revises and Renames Chapter 617 of the Florida Statutes with a Focus on Transparency August 24, 2026
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