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Community Update

December 2023

In this Issue

A new year means new goals! As we turn the corner into 2024, this issue of CUP spotlights helpful tips so your community association can start the year off right. This includes adoption of the annual budget, a review of new legislation, and the responsibilities of residents in communal situations. Don’t miss our featured podcast episode that explores the benefits and challenges of bankruptcy for community associations.

Also featured this month is a collection of our most popular Community Update articles. From new laws regarding emotional support animals to reviving unenforced restrictions, here are the top five most read articles from 2023.

Best wishes for a happy, healthy, and prosperous new year. We thank you for your interest in our educational materials and webinars and look forward to a productive 2024!

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Question of the Month

Q: An issue has come up concerning my homeowners’ association board of directors and the adoption of our annual budget. Recently, the board noticed a board meeting for the adoption of the annual budget and only posted the notice as they do for normal board meetings. There was no mailing of information concerning the budget to the members in advance of this meeting. I understood that the notice of a budget meeting had to be mailed out to the membership in advance of the board holding that meeting. Is this correct, and if so, what notice is required?

Joseph Adams discusses this and more!

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Mission Complete! Becker’s Board Member Bootcamp Dubbed a Huge Success

On November 14, more than 150 board members and managers from across South Florida gathered in Davie for Becker’s ‘Board Member Bootcamp.’ Led by veteran community association attorneys Donna DiMaggio Berger, Howard Perl, and Kenneth Direktor, this military-themed boot camp provided a series of classes for continuing education credit and certificates of completion, fulfilling board members’ statutory board certification requirements.

Click here to see a video recap.

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!

UPCOMING CLASS OFFERINGS:

  • Navigating the Litigation Quagmire 
    01/30/24 – 10AM – Registration coming soon

To view our entire class roster, visit: beckerlawyers.com/classes

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FEATURED TESTIMONIAL

“Becker classes are always super informative and keep me up to date. I’m happy to say that they also represent my COA as our legal counsel. We are very pleased.”

~ Sonya Cronin, FirstService Residential Management

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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?”

Catch up on past episodes from this series here.

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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:

Click here to visit “Take It to the Board”
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Featured Episode: The B Word: Bankruptcy, Its Benefits and Challenges with Attorney Jeffrey Bast

This episode of Take It To The Board sheds light on a legal process that may be needed to help both struggling associations and their individual members. In these challenging economic times, more people are asking whether filing for bankruptcy protection is the right decision for an individual or a struggling community association. Host Donna DiMaggio Berger speaks with attorney and founder of Bast Amron LLP, Jeffrey Bast about the bankruptcy process from start to finish and how it can be used as a successful strategic tool to navigate financial challenges. Jeff has practiced in the insolvency and litigation arena for 30 years.

Listen to the full episode here.
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Happy Holidays!

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2023 in Review

Florida Community Association Journal
By:
Steven H. Mezer

The 2023 Florida legislative session addressed a wide variety of issues impacting community associations. The longest bill impacting community associations became 2023-203, Laws of Florida. The amended statutes changed, clarified, or corrected provisions created by the laws approved in 2022, Senate Bill 4-D, which became Chapter 2022-269, Laws of Florida, commonly referred to as “SB-4D.” Specifically, Section 553.899 was amended to remove the term “walls” and now uses the more encompassing term “load-bearing elements.” It limited the application of the statute to buildings of three stories or more in height to those subject to condominium or cooperative forms of ownership. 

Click here to read more.
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RESPONSIBILITIES OF RESIDENTS IN COMMUNAL SITUATIONS

Becker Shareholder Donna DiMaggio Berger explores the responsibilities of residents in communal settings. This engaging dialogue touches on crucial topics such as the rise of antisemitism in community associations. Discover how to respond to hate speech and hate crimes, empowering your community to stand against prejudice by watching this video.

CONGRATULATIONS TO ABRAHAM LANDAU ON WINNING OUR SURVEY GIVEAWAY!

Congratulations to Abraham on your $50 Amazon Gift Card prize! You are this month’s Online Program Feedback Winner! We truly appreciate you taking the time to complete the program survey and letting us know what you found beneficial and what we can do better. Education is a top priority for Becker, and it is important to us to hear what you find of value. Thank you for your thoughtful response to our survey!

If you would like to be in the running for next month’s $50 giveaway, please provide your feedback on any of our in-person or online program(s) that you have attended. You can find all of our on-demand classes here, and our webinars here, which are currently free and available to the public, for you to watch at your convenience. We want to hear from you! 

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DID YOU KNOW?

Becker Helped Spread Holiday Cheer!

Becker proudly supported several toy drives this holiday season. In Fort Myers, we partnered with Priority Marketing and Hit’em Hard Sports Equipment to donate over 220 toys and gift cards for Better Together’s Christmas Toy Drive. We are so proud to help provide a magical holiday season for local children and families.

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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

Mark D. Friedman, Esq.
Mark D. Friedman, Esq.
Jay Roberts, Esq.
Jay Roberts, Esq.