The start of a new year brings fresh opportunities, exciting projects, and a chance to reflect on our collective achievements. In this issue, we look back at the year’s most popular reads and share helpful tips on Florida’s condo deadline. We also pass the torch to new CUP editors, Yeline Goin and Joseph Arena.
Don’t miss Donna DiMaggio Berger’s op-ed in the Sun Sentinel that analyzes the challenges reshaping Florida’s condominium market and Jose Luis Baloyra’s article that studies the ambiguities and potential solutions of Condo 3.0.
A Message from the Editors: Jay Roberts and Mark Friedman
Dear CUP Readers:
We took over the role of CUP Editors in January 2020. Obviously, all of us have been through a lot together since then. It has been an honor for us to serve you and be stewards of educational messaging for Becker. The time has come for us to put down our redline pens, and usher in new editors. Starting next month, Yeline Goin and Joseph Arena will be the CUP Editors. For those of you who are regular readers of CUP, these names will be familiar to you, and when you read their articles, it is easy to see why they were unanimously chosen to take over as the CUP Editors. You are in good hands.
We thank you for all of the time you have shared with us over the past five years, and we are excited to see what is next in CUP’s evolution.
Cheers,
Mark & Jay
QUESTION OF THE MONTH
Q: Our board is seeking clarification on the “single family” use restriction stated in our declaration of condominium. The term is not clearly defined in our documents, and we would like guidance on how to interpret this clause when evaluating our potential sales.
AMBIGUITIES IN “CONDO 3.0” AND POTENTIAL SOLUTIONS
FLCAJ Magazine
By: Jose Luis Baloyra
HB 1021, a substantial overhaul of the Florida Condominium Act commonly referred to as “Condo 3.0,” was signed by Governor Desantis and became effective July 1, 2024. While many of the changes to the Act were objectively necessary (such as the new heightened board member education requirements, the requirement of an association with more than 10 units to have board meetings not less than quarterly, and the mandatory funding of reserves for all structural components), many provisions of the bill pertaining to records requests, meeting notices, member participation at board meetings, and the pooling of structural-related reserves are vague and confusing. After the passage of SB 4-D in 2022 (adding section 553.899 regarding the milestone inspections), SB 154 was introduced the following year to provide further clarity. The sponsors of HB 1021 in the House of Representative will likely introduce another bill this year to further revise the Condominium Act (“Condo 4.0”) and hopefully address the various issues created by Condo 3.0.
FLORIDA’S CONDO DEADLINE: ALLISON HERTZ DISCUSSES COMPLIANCE IN CBS12 NEWS INTERVIEW
By December 31, 2024, Florida condo boards must complete structural integrity inspections and financial reserve studies as required by new safety laws following the Surfside tragedy. Allison L. Hertz, a shareholder in Becker’s Community Association Practice, spoke with the CBS12 News Investigative Team to discuss the final stretch to the deadline. She estimates at least 80-90% of buildings in Florida are already in compliance.
“I don’t think anyone is going to be forced out of their building for non-compliance with reserve funding,” Hertz said, referring to the December 31 deadline.
The Florida legislature plans to revisit the regulations in March to address their impact on owners statewide.
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
Becker’s NEW 4-hour Board Certification courses are now available! 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. To take our new Board Certification class and/or to see the full roster of all of our online course offerings, click here.
For questions regarding our Classes, please see our FAQ page here.
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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- Redesigning Golf– Teeing Up a Discussion on Golf Course Communities with Golf Course Architect Erik Larsen
- Mastering Construction Contracts: Essential Insights with Steve Lesser
- Community Association Insights with Industry Leader Dawn Bauman of the Community Associations Institute (CAI)
- Navigating the Stormy Landscape of Disaster Recovery and Insurance with Wayne Srsen and Kelly Kuhn
- A Guide to Impact-Resistant Windows and Doors
- Addressing Florida’s Condo Crisis and How to Fix It
- Transforming Your Corporate Culture with Motivational Speaker & Author Chris Dyer
- The Impact of Rentals on Community Associations with David Muller, Vice Chair of Becker’s Community Association Practice
The Impact of Rentals on Community Associations with David Muller, Vice Chair of Becker’s Community Association Practice
This week’s episode of Take It To The Board explores a topic that resonates deeply with many community association boards: the impact rentals have on a community and how to balance an owner’s desire to lease out his or her unit with the association’s desire to foster a stable and invested resident population.
Renters can sometimes feel like outsiders, perceived as being less connected to the community’s long-term success but is this perception unfair particularly as it pertains to long-term renters? Host Donna DiMaggio Berger is joined by her partner, David Muller, Vice Chair of Becker’s Community Association Practice and an expert in condominium and planned development law. Together, they discuss their experiences dealing with renters and rental issues in their client communities and brainstorm on best practices and solutions in this area.
CONFLICT OF INTEREST LAWS AND YOUR CONDOMINIUM ASSOCIATION
FCAP Managers Report
By: Nicolas M. Jimenez
Amid rising costs and scrutiny of the operations of condominium associations across the state, your condominium association has likely placed an emphasis on doing business with people and companies it can trust. After all, wouldn’t you prefer that in your own business dealings?
But what if these trusted people and companies have close ties to your association, such as a member of the Board? Wouldn’t that be an inherent conflict of interest and prohibited? What about a manager or a unit owner? Can your association do business with these people? As always, it depends.
DID YOU KNOW?
Donna DiMaggio Berger Explores Florida’s Condo Market Challenges in Sun Sentinel Op-Ed
Donna DiMaggio Berger, shareholder and Vice Chair of Becker’s Community Association Practice Group, authored an op-ed for the Sun Sentinel analyzing the transformative challenges and opportunities reshaping Florida’s condominium market. Berger examines the impact of recent legislative changes, including engineering and reserve funding mandates, highlighting the delicate balance between enhancing safety standards for multifamily housing and mitigating their unintended effects on property values and the real estate market.
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
