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By Elizabeth "Beth" A. Lanham-Patrie
Posted on 
An association’s officers and directors, along with their family members and anyone who has a financial relationship with the director and/or officer, are completely prohibited from entering into an agreement with the condominium association.
Prior to July 1, 2017, §718.3026(3), Florida Statutes, was the only statute applicable regarding conflicts of interest. It …
By David G. Muller
Posted on 
Several states (including Florida) have banned smoking in most public places. The gradual move toward smoke-free condos, and the extent of a board’s authority in this arena, is the source of much debate within the state. The Florida Clean Indoor Air Act, found at Chapter 386 of the Florida Statutes, provides a uniform statewide …
By Candace C. Solis
Posted on 
If your Community Association has been spared from bankruptcy in the last decade count yourself lucky. Bankruptcy, in general, is intended to (1) provide a fresh start for the honest, but unfortunate debtor (delinquent owners), and (2) provide equal treatment of all Creditors (including the Association). Unfortunately, Bankruptcy has also become a safe haven …
By Hugo Alvarez, Esq.
Posted on 
No! If Hurricane Irma taught us anything it is that adequate preparation before the storm will go a long way towards addressing issues after the storm.
Now is the time for associations to communicate with its owners about insurance- and liability-related issues. One of the often-confusing areas for many is understanding the …
By Joseph Adams
Posted on 
Q: Has the law been changed to allow grilling on condominium balconies? (J.S. via e-mail)
By Becker
Posted on 
Q: I have heard that a condominium board member can be removed from the condominium association board by a process called recall. What causes can be used to justify the recall? (C.Q. via e-mail)
A: Section 718.112(2)(j) of the Florida Condominium Act states that …
By Becker
Posted on Q: Recently my condominium association’s board held interviews with proposed new landscaping companies. All of the board members were present for the meetings. However, there was no notice posted and unit owners were not invited to attend. When questioned, the president of the board said that it was not a board meeting, …
By Joseph Adams
Posted on 
Q: I am on the fining committee of our association. The management company expects us to “rubber stamp” every proposed fine, but that is not always our desire. We would like to correct behavior and are not in it for the money. Sometimes the board levies a fine that we think is …
By Marilyn Perez-Martinez
Posted on 
In my last CUP article – www.MyCondoNeedsAWebsite.com – I discussed the 2017 statutory changes that require associations with 150 or more units (which do not manage a timeshare) to have websites. This month, I continue the discussion by providing some important questions to ask anyone offering to create …
By David G. Muller
Posted on 
Florida community associations are permitted to send membership meeting notices and certain board meeting notices to the owners electronically if the association obtains the written consent of the subject owner. The association attorney can assist in preparing the applicable consent form, which will need to include the designated e-mail address the owner wishes 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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