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It’s likely that at some point during your community’s lifespan, new construction will occur nearby and the impact on your residents will vary both short and long-term depending on the steps your Board takes early in the process. Sometimes new construction is welcomed enthusiastically by the members of an established community but more often …
The “governing documents” of a homeowners association are the Declaration of Covenants, the Articles of Incorporation, the Bylaws and the Rules and Regulations. Many times, HOAs make a decision to amend by looking to the provisions that needed changing. This however is only one step in the amendment process. The next step, and likely …
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 …
Today’s column is the second installment of our annual review of legislation affecting community associations in Florida. Last week, we reviewed changes to the condominium laws involving official records, websites, financial reports, meeting notices and term limits. Today continues a review of new condominium laws, effective July 1, 2018.
Condominium Recalls …
By Joseph Adams
Posted on 
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.
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By Joseph Adams
Posted on 
Q: My condominium is taking a vote to authorize renovations to our lobby. Could the board e-mail the owners for their votes instead of holding a meeting? Are owners allowed to vote using e-mail? (S.B. via e-mail)
A: No. Section 718.112(2)(d)5 of the Florida Condominium Act …
By Joseph Adams
Posted on 
Q: Do condominium owners have a say in approving the annual budget? (D.J. via e-mail)
A: Unit owners do not have the right to adopt or approve a proposed budget as a matter of law. The association’s bylaws will address how the budget is …
By Joseph Adams
Posted on 
Q: I have heard that there is a new law requiring condominium associations to have a website. Is that true? (J.L. via e-mail)
A: Yes, although the law has somewhat limited application. First, it is worthwhile to note that the 2018 Florida Legislature passed …
By Joseph Adams
Posted on 
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? …
By Howard J. Perl
Posted on 
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.
All other written records of the association not specifically included in the foregoing which are related to the operation of the …
Becker, with headquarters in Fort Lauderdale, FL., is a multi-practice commercial law firm with attorneys, lobbyists and other professionals at offices throughout the East Coast.
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