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By Joseph Adams
Posted on 
Question: The board of directors of my homeowners’ association has decided to “roll over” the surplus funds from our 2013 budget into a non-statutory pooled reserve account. Last year they overstated the amount necessary for the budget in order to have a surplus and I believe they are doing …
By Becker
Posted on Court explains “safe harbor” and says:
“individualized charges, such as interest, late fees, collection costs and attorney’s fees do not fit within the statutory or common sense understanding of “regular periodic assessments”
A little more than a year ago there was a huge debate over the interpretation …
By Becker
Posted on 
Financial controls are extremely important.
According to recent reports, more than 1.2 million worthless checks enter the banking system every day in the United States. Check fraud losses account for more than 20 billion dollars per year and the number of cases …
By Becker
Posted on HOAs are being sued in federal court for charging more fees, costs and assessments than permitted by law.
By Lisa Magill
Posted on 
I am often asked by readers whether guest restrictions are enforceable. Residents often want to know whether the Association can require them to notify management when guests arrive or whether it is appropriate to require guests to register with the Association. The answer to these questions is, almost inevitably, “it depends”. Readers are not …
By Kevin Miller
Posted on 
Associations in the past were reluctant to foreclose when the mortgagee already commenced its own foreclosure action or when the value of the property did not exceed the amount of debt secured by the first mortgage. That’s changing now.
By Becker
Posted on 
The statutes governing community associations require notice of meetings to encourage owner participation. HOAleader recently published an article on this subject: HOA Meetings: Does Your State Have Rules for Your Meeting Agendas? Here are some handy reminders – there are additional options in the statutes. This list is not intended …
By Becker
Posted on 
SB 1196 Includes New Remedies for Collecting Money Owed to Associations.
Community leaders and managers have complained for years about investor owner delinquencies. Why should the owner continue to collect rent from his or her tenant without paying maintenance fees and/or assessments? …
By Becker
Posted on 
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. …
By Becker
Posted on 
SB 1196 contains significant changes for community associations.
Governor Crist had until June 1, 2010 to act on SB 1196. While I have included bullet point explanations of some of the changes, over the next few weeks please check for more in depth information about how these new provisions will …
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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