Becker & Poliakoff would like to thank FLCAJ Readers for nominating us in the Legal Services Category of this year’s Readers’ Choice Awards. We are grateful to serve our clients and the industry friends who put …
Delinquent Board Members May be Required to Leave Positions
Q: Our annual meeting and election is coming up and our board has been discussing the relevant procedure. Is it possible for us to go through simpler procedure because we are a smaller condominium association? (S.W. via …
This Is The End. . . Or Is It?: Retroactive Application Of The Amendments To The Condominium Act Relating To Termination
In some instances, unit owners in a condominium association may collectively decide that it would be better to “end it all” and terminate the condominium rather than continue on with the condominium form of ownership. Perhaps the owners in an …
Responsibility For Repairs After A Hurricane Or Storm
Given the especially active and devastating 2018 hurricane season, it is helpful to remember how condominium associations should proceed with repairs to the condominium property after a hurricane or other storm event. The first determination that must be made is …
Conflicts of Interest – Is it time for a new Code of Conduct?
It has always been the obligation of Board members to serve for the benefit of the entire community. Doing so requires that they carry out their duties in good faith with the care of ordinarily prudent people. To safeguard and …
Year End Surplus Treatment in Board’s Hands
Q: What must be done with a condominium association’s operating surplus at the end of the year? Is it true that it must be returned to the owners in the form of payment or a credit to next …
Bylaws Generally Provide for Notice Requirements
Q: I am a board member of an HOA. Our documents provide that U.S. Mail is the only acceptable means of providing notice to owners. I thought email was recently approved by the legislature as an acceptable means …
Condominium Hurricane Insurance Set by Law
At post-Irma Week 6, most communities are back to business as normal, save perhaps figuring out what to do with mountains of landscape debris.
However, some associations are entering a critical period in post-disaster procedures. With the exception …
Associations Should Prepare for Disaster in Advance
We are now over a month past Hurricane Irma. While it certainly could have been significantly worse for Southwest Florida, many community associations are still working through a variety of difficult issues, including processing insurance claims, continuing clean-up, and property …
After the Hurricane, Associations Should Approach the Rebuilding Process with Care
Four weeks after Hurricane Irma, most associations have likely made progress in making temporary repairs to damaged communities. This week’s column will focus on the various issues that arise during the rebuilding process that occur after the storm. Part of …