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By Joseph Adams
Posted on 
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? …
By Joseph Adams
Posted on 
Q: The board of my condominium association is elected for “staggered terms” according to our bylaws. What does this mean? (D.L. via e-mail)
A: The Florida Condominium Act provides that directors’ terms generally expire at the next annual meeting after their election. However, directors may serve …
By Joseph Adams
Posted on 
Q: Our condominium association board imposed a suspension for use of common facilities as a penalty for an owner who had been renting in violation of our condominium documents. I stated that the suspension would require approval of our compliance committee. Our management company representative stated that the board had the authority …
By Joseph Adams
Posted on 
Q: I am on the board for our condominium complex. Many owners have requested getting lights for our swimming pool so that they may use it longer in the winter months. We have the funds for this and the professional drawing for the layout. We are told that we need a 75% …
By Yeline Goin
Posted on 
The 2018 Legislative Session is scheduled to begin on January 9, 2018, and end on March 9, 2018. The following are some of the bills that have been filed that, if passed, will have an impact on community associations.
HB 841/SB 1274, Relating to Community Associations. Among other things, the bills make …
By Becker
Posted on 
Sexual harassment is not often thought about in the context of community association law. The reality, however, is that the number of sexual harassment claims brought against community associations has skyrocketed in recent years, making it imperative that a community association know everything it can about the law to shield itself from these types …
By Donna DiMaggio Berger
Posted on 
Citizens in the Sunshine State approved Amendment 2, which legalized the use of medical marijuana, by a 71% margin. Florida is expected to log more than $1 billion in medical marijuana sales by 2019, according to a report compiled by marijuana industry analysts New Frontier Data and Arcview Market Research. The full extent of …
By Marilyn Perez-Martinez
Posted on 
The Condominium Act (“The Act”) has a catchall provision which essentially provides that “other written records” related to the operation of a condominium are considered official records of an association. In 2017, the Act underwent some changes as it pertains to official records and these changes are important to keep in mind to avoid …
By Becker
Posted on 
Associations across Florida have anxiously awaited the Florida Supreme Court’s decision in Bartram v. U.S. Bank Nat. Ass’n, 2016 WL 6538647 (Fla., November 3, 2016). While the underlying facts in Bartram are somewhat convoluted, the relevant question before the Florida Supreme Court was whether the five (5) year statute …
By Joseph Adams
Posted on
Q: I keep seeing the term “quorum” in the materials for my condominium association’s annual meeting. Can you explain what a quorum is? (L.B., via e-mail)
A: “Quorum” refers to the number of “voting interests” that must be present at a members’ meeting, either in person …
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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