As the back-to-school season kicks off, it’s the perfect time to embrace new beginnings and fresh opportunities! This issue of CUP highlights everything you need to know to stay organized for the year ahead. We address late assessments, architectural review, and Community Emergency Response Teams (CERT) Volunteers. We also celebrate 39 Becker Attorneys recognized in the 2025 edition of The Best Lawyers in America®.
Community association clients frequently ask how to amend their governing documents, and how to make the amendment process easier. Bryony G. Swift describes her recommendations and one preliminary step in this timely article, “Making It Easier to Amend Governing Documents.”
Prior to July 1, 2024, only associations operating condominiums with 150 or more units were required to have a website. Florida lawmakers recently expanded this mandate through House Bill 1021 to include any association operating a condominium with 25 or more units. Michelle H. Kaiser explains how your condominium can follow compliance in, “If Your Condominium Has 25 or More Units There Is a New Website Requirement.”
The My Safe Florida Condominium Pilot Program is a new grant program that was created to help condominiums offset the cost of certain improvement projects to strengthen their buildings against hurricanes. “My Safe Florida Condominium Pilot Program,” by Bryony G. Swift, highlights everything you need to know on this newly created program.
Injunctive relief may not be available to homeowners’ associations if there is an available remedy in the association’s governing documents. Michelle H. Kaiser emphasizes the importance in contacting your attorney if your association has enforcement related issues in, “THIS CASE: Mauriello v. Property Owners Assoc. of Lake Parker Estates, Inc.”
Also featured this month is Becker’s 4-hour Board Certification class which is available online! Please be assured that our class is fully approved by the DBPR. As a reminder, there will be NO CEU credits submitted to the DBPR between September 13, 2024, and October 1, 2024, to allow us ample time to submit all attendee CEU credits before the September 30, 2024, deadline. The exception to this is the Board Certification classes. For questions regarding our classes, please see our FAQ page here.
Articles
Making It Easier to Amend Governing Documents
By: Bryony G. Swift
Clients frequently ask how to amend their governing documents, and how to make the amendment process easier. There is one preliminary step I recommend, to help an association successfully amend their governing documents. First, I recommend a board look to the amendment provisions in the governing documents. Your declaration of condominium or declaration of covenants, conditions and restrictions should have its own amendment provision, as should the articles of incorporation and bylaws of your association. Review the amendment provision of the specific document you want to amend and determine whether your association has enough member participation to achieve the requisite voting threshold required by the amendment provision.
If Your Condominium Has 25 or More Units There Is a New Website Requirement
Prior to July 1, 2024, only associations operating condominiums with 150 or more units were required to have a website. However, Florida lawmakers expanded this mandate through House Bill 1021, which was signed by Governor DeSantis and became effective July 1, 2024, to include any association operating a condominium with 25 or more units. The deadline for compliance with this requirement is January 1, 2026.
My Safe Florida Condominium Pilot Program
By: Bryony G. Swift
Newly created Florida Statute 215.5587 establishes the My Safe Florida Condominium Pilot Program- a grant program to help condominiums within 15 miles inward from the coastline offset the cost of certain building improvement projects to strengthen their buildings against hurricanes. The grant program was funded by a thirty-million-dollar appropriation, with a maximum grant of $175,000.00 per association. There are additional funding limits. Roofing projects are limited to $11.00 per square foot multiplied by the square footage of the replacement roof, not to exceed $1,000 per unit, with a maximum grant award of 50 percent of the cost of the roofing project. Window and door replacement projects are limited to $750.00 per window or door, with a maximum grant of $1,500.00 per unit.
Mauriello v. Property Owners Assoc. of Lake Parker Estates, Inc.
337 So.3d 484 (Fla. 2d DCA 2022)
Injunctive relief may not be available to homeowners’ associations if there is an available remedy in the association’s governing documents is the importance of THIS CASE.
In Mauriello v. Property Owners Assoc. of Lake Parker Estates, Inc., 337 So.3d 484 (Fla. 2d DCA 2022, a homeowners’ association sued certain members of the association for their failure to maintain their lawn and landscaping in good condition as required by the association’s governing documents and design review manual. The association sought a mandatory injunction ordering the homeowners to remove the weeds, resod the lawn, regularly mow, trim the bushes and hedges to a neat condition, and continually treat for weeds.
In response, the homeowners argued unsuccessfully to the Court that the association was not entitled to a mandatory injunction because it had an adequate remedy at law. Pursuant to the association’s declaration, the association had the ability to remedy the alleged violation, assess the homeowner for the cost, and, if the homeowner failed to pay, lien the property.
During the course of the ongoing litigation, the homeowners sold the property at issue and the association dismissed its suit. The trial court deemed the association the prevailing party entitling the association to its reasonable attorney’s fees and costs. The homeowners appealed.
On appeal, the appellate court reversed the lower court’s decision holding that the association could not have been the prevailing party because the association’s complaint failed to state a cause of action insomuch as the association had an adequate remedy. The court went so far as to opine that the trial court should have dismissed the complaint or entered summary judgment in favor of the homeowners at the outset.
So why does THIS CASE matter? If an association’s governing documents provide for a remedy to an alleged covenant violation, the association may not be able to sustain a cause of action for injunctive relief under those circumstances. If your association is amending its governing documents, has enforcement related issues, or is considering filing a lawsuit for injunctive relief, you should contact the association’s attorney to discuss how to best address enforcement.
QUESTION OF THE MONTH
Q: I am a member of a homeowners’ association that was established with governing documents written and recorded in 1994. Recently, I received a packet for an upcoming association meeting, which included an item on the agenda about renewing our governing documents under the Marketable Record Title Act. This packet also included a notice informing the membership that these documents will be preserved for future generations, and notably, it stated that this action does not require a vote by the members. Could you explain what the Marketable Record Title Act is? Also, is it permissible for the association to renew these documents without any input from the members?
EXACTLY WHAT MUST BE INCLUDED IN THE NOTICE OF LATE ASSESSMENTS?
FCAP Managers Report
By: Carolyn C. Meadows
As most of us are by now familiar with, in 2021 the Florida legislature enacted significant statutory changes to Chapters 718, 719, and 720, requiring a new notice to delinquent owners that must be mailed by an association before demanding payment of attorney’s fees related to the collection of unpaid assessments. Since July 1, 2021, the effective date of the legislation, most associations and management companies have experienced preparing and sending the Notice, or “NOLA.”
2025 Edition of The Best Lawyers in America Recognizes 39 Becker Attorneys
The 2025 edition of The Best Lawyers in America®, one of the oldest and most revered peer review publications, recognizes 39 Becker attorneys across the Firm’s practices. Our own Joseph Adams was also recognized as Lawyer of the Year, a distinction based on the highest overall peer feedback for his specialty and location. Adams has focused his practice in Community Association Law for over 35 years. Attorneys Jonathan Silver and David Milton were also named as ‘Best Lawyers to Watch’ in America. Congratulations to all those who are recognized. Thank you for your hard work and dedication to your practice. You make us all proud.
Association Adjusting is a licensed and insured Public Adjusting Firm dedicated exclusively to serving Becker’s community association clients throughout Florida. With over 40 years of combined experience, our team specializes in assisting residential, association, and commercial property owners and managers.
As a recognized authority in the community association industry, we are committed to achieving the most favorable outcomes for Becker’s clients. Whether dealing with hurricane damage, water damage, theft, fire, mold, roof leaks, or other calamities, our team of public adjusters provides the highest level of professionalism and excellence to protect your interests.
Community association boards and managers should ensure that their communities have adequate disaster planning measures in place as hurricane season approaches. To help you in weathering the storm, check out Becker’s Hurricane Guide which provides important tips and information to help protect your community.
For more information, contact your Becker attorney.
CALLING ALL BOARD MEMBERS AND COMMUNITY MANAGERS
As leaders in Community Association Law, we not only helped write the law – we also teach it.
Did you know Becker provides over 200 educational classes per year throughout the State of Florida on a variety of topics ranging from board member certification to compliance, and everything in between? Our most popular classes are now available online! To view our entire class roster, visit: beckerlawyers.com/classes
PLEASE NOTE:
There will be NO CEU credits submitted to the DBPR between September 13, 2024, and October 1, 2024, to allow us ample time to submit all attendee CEU credits before the September 30, 2024, deadline. Please make sure to take your classes prior to September 13, 2024, if you need CEU submitted to the DBPR.
The exception to this is the Board Certification classes, which will remain up on the site for board members to take during that period. All other classes that reside on our site will return on October 1, 2024, for anyone to watch at their convenience.
For questions regarding our Classes, please see our FAQ page here.
Featured Testimonial
Can They Do That?
Becker’s “Can They Do That” video series tackles some of the unique problems that homeowners and renters face today. We answer your questions, no matter how far-fetched they may seem. From service animals to nudists in your community, we get to the bottom of it and let you know – “Can They Do That?”
Becker Steps Up to the Mic with Podcast,
‘Take It To The Board with Donna DiMaggio Berger’
Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To the Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle. Don’t have a streaming app? You can now find all episodes on YouTube! Click here to listen now.
RECENT EPISODES:
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- The Do’s and Don’ts of Association Committees with Becker’s Ken Direktor
- A Lobbyist’s Lens: A Bird’s Eye View of the Legislative Process, Community Advocacy and Condo Law with Lobbyist Travis Moore of Moore Relations, Inc.
- Revolutionizing Coastal Defense, 3D-Printed Living Seawalls with Anya Freeman of Kind Designs
- From Chaos to Order: Tips from a Decluttering Pro on Hoarding and Maintaining Your Association’s Records
- A Board Members’ Guide to Unexpected Issues – Your Questions Answered
- The Truth About Service Animals and ESAs– Real vs. Fake
- CERTified Safe: Empowering Community Associations with Dr. Jesse P. Spearo
- Redesigning Golf– Teeing Up a Discussion on Golf Course Communities with Golf Course Architect Erik Larsen
Featured Episode: CERTified Safe – Empowering Community Associations with Dr. Jesse P. Spearo
Can ordinary citizens become heroes during a disaster? Discover how Community Emergency Response Teams (CERTs) help everyday people play essential roles in emergency situations. Join Take It To The Board host Donna DiMaggio Berger and guest Dr. Jesse P. Spearo, the Emergency Management Administrator for Miami-Dade County, as they share insights into how CERT volunteers provide critical support, from coordinating community events to distributing supplies during major incidents.
Architectural Review in Homeowners’ Associations
FCAP Managers Report
By: Karyan San Martano
Architectural restrictions are one of the many reasons people purchase homes governed by homeowners’ association as they serve to preserve an aesthetic quality to the community and the value of the homes in the community. However, architectural restrictions are also historically a great source of contention between the Board or architectural review committee and the owners.
Becker Expands Association Adjusting Firm
Becker is thrilled to welcome The Adjusters Group, LLC (TAG) veteran public adjusters Ken Shriberg and Chris Cury to its Association Adjusting team. Association Adjusting is a licensed and insured Public Adjusting Firm that exclusively serves community associations throughout Florida.
Ken Shriberg has been a licensed Public Insurance Adjuster since 2006 and a Member of the Florida Association of Public Insurance Adjusters (FAPIA). He previously served as a member of the FAPIA Board of Directors for five years. He is also a licensed Private Investigator and the Co-Chair of FAPIA’s Unlicensed Activity Fraud Committee, which monitors unlicensed activity all over the State of Florida. Additionally, he is licensed in New Jersey, is a General Lines Property & Casualty Insurance Agent (unaffiliated), and a Real Estate Agent.
Chris Cury brings nearly two decades of experience as a public insurance adjuster, catering to residential, association, and commercial property owners and managers. His proficiency spans a wide array of claims, including water losses, fires, sinkholes, mold, hurricanes, and other wind-related losses. Mr. Cury is a Past Board Member of the Federal Association of Insurance Reform and is a Past President of FAPIA.
DID YOU KNOW?
Becker’s NEW 4-Hour Board Certification Class Is Now Available!
The best part? It’s on YOUR time! Ensure you meet Florida’s new educational requirements for board members by registering here. Don’t miss out on this convenient opportunity to stay informed and compliant! Because of the administrative burden involved in processing certificates and CEU credits, Becker will be charging non-clients and managers a nominal fee to take the 4-hour course. Clients may take the course free of charge.
Please be assured that our class is fully approved by the DBPR and certificates and CEU credits will be issued upon completion of the course and will count toward the new law’s educational requirement.
If you have new members on your board or a new manager for your community and want them to be part of our Community Update, have them subscribe here:
EDITORS
