FAN's Featured Blog Post · Start of Hurricane Season posted by Laura Manning-Hudson, Florida HOA Lawyer Blog, June 16, 2017 With hurricane season now underway, Florida condominium

Is your community association experiencing discourse among board members or owners? Finding middle ground will greatly benefit your community.

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FAN's Featured Blog PostPrepare Your Landscape For The Upcoming Summer and Hurricane Seasonposted by Keith Carracher, President, Complete Property Maintenance, June 5, 2017

With summer ahead, it’s time to prepare for the heat, storms and humidity that occur in south Florida. It is time to prepare for the hurricane season. It is important that along with your personal and home safety, you also make sure to prepare your landscaping. Read more

Industry News and ArticlesKeep in mind that some of the articles are directed toward HOAs or condos specifically, but most can be applied to all types of

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Insurance Reminders for Condo Associations at Start of Hurricane Seasonposted by Laura Manning-Hudson, Florida HOA Lawyer Blog, June 16, 2017

With hurricane season now underway, Florida condominium associations should take the time to ensure that they and their owners are prepared for a storm. In addition to ensuring that hurricane shutters are operational and all of the necessary supplies are on hand, associations should communicate with owners about insurance and liability under state law. Read more

Legislative Update: New Laws Affecting Florida Community Associationsposted by J Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A., Florida HOA Lawyer Blog, June 15, 2017 When a bill passes the Florida Legislature and is sent to the Governor for consideration, the Governor has 15 days from which to sign the bill into law, veto it, or do neither (in which case the bill will automatically become law if unsigned within such 15 days). Read more Cable TV … Internet … Phone Services Coax, Fiber Optics and More … There are New Opportunities for Community Associations!posted by Jay M. Abbazia, CAM & Florida CAM CEU Provider, June 2, 2007 In the past, local telephone companies provided telephone services and local cable companies provided cable television services. That was it. For an association, selecting a service provider was relatively easy since quality choices were few. But in recent years, this scenario has changed dramatically for the benefit of community associations. Read more Legislative Update: Condominium Terminations Bill Signed Into Lawposted by Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A., Florida HOA Lawyer Blog, June 19, 2017

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SB 1520 amends 718.117, Florida Statutes, regarding the optional termination of condominiums, making it more difficult for a Plan of Termination to be passed without full consent of the unit owners.The changes to the law reduce the amount of unit owners required to reject a plan, postpone the time until another plan can be voted on. Read more

Maintaining Your Florida Home’s Swimming Poolposted by Ashley Dietz Gray, Marketing Director, Campbell Property Management, June 20, 2017

With the Florida weather pool maintenance is on our minds every season. Use these tips to help keep your home’s pool in tip top shape. Read more

"What's in a Name?" Quite a bit, particularly for Association Board Members who have been Defamedposted by Donna DiMaggio Berger, Community Association Law Blog, June 5, 2017

When Shakespeare coined the phrase "the slings and arrows of outrageous fortune" in Hamlet, he probably wasn't envisioning that sentiment could apply centuries later to volunteer board members. Read more

Can the Association Board Fill a Vacancy Without an Election?posted by Joseph Adams, Florida Condo & HOA Law Blog, June 5, 2017

Generally, the members of the board of directors of a condominium association are elected by the members of the condominium association. However, in the event that a vacancy occurs on the board of directors, the remaining members of the board of directors likely have the authority to appoint a replacement to complete the term. Read more

bedding plants and bulbs.

As always, remember to install your sod green side up!

Keith Carracher, President

Complete Property Maintenance, Inc.Corporate Office (954) 973-3333Jupiter Office (561) 744-3333Fax (954) 979-1424

FAN's June Blog PostsPrepare Your Landscape For The Upcoming Summer and Hurricane SeasonCable TV … Internet … Phone Services Coax, Fiber Optics and More … There are New Opportunities for Community Associations!Maintaining Your Florida Home’s Swimming Pool

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Can I Run for the Condo Board If I Haven’t Paid A Fine?posted by David G. Muller, Florida Condo & HOA Law Blog, June 21, 2017

If the fine was properly imposed, and you failed to pay the fine, the action your condominium association took is supported by the law. Read more

Florida HOA’s Can Change Rental Rulesposted by Joseph Adams, Florida Condo & HOA Law Blog, June 23, 2017

In a 2000 landmark case called Woodside Village Condominium Ass’n, Inc. v. Jahren, the Florida Supreme Court ruled that properly enacted amendments to a declaration of condominium could change rental rights retroactively, and that owners had no “vested rights” in the rental provisions of the condominium documents in effect when they purchased their unit. Read more

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The Community Association Law Blog: Going Too Far Down the Rabbit Hole: How Our National Political Discourse Parallels Our Community Association Discourse

http://www.communityassociationlawblog.com/2017/06/gonig-too-far-down-rabbit-hole-how-our.html[6/27/2017 6:12:17 PM]

By Donna DiMaggio Berger

Home Donna DiMaggio Berger Becker & Poliakoff Community Association Law

Sunday, June 25, 2017

Going Too Far Down the Rabbit Hole: How Our National Political Discourse Parallels Our Community Association Discourse

It's hard right now to turn away from the 24/7 news cycle and its discord, rancor and heated rhetoric. When we spend the majority of our time discussing just 20% of the topics which concern us, we cannot commit time or energy to the other 80% which also demands our attention. It's not surprising that the same prioritization pressure occurs in private residential communities. How often has a board or membership meeting been monopolized by the concerns of one very vocal owner? That owner may

very well have legitimate concerns but that still does not justify how some communities seem to be the equivalent of the tail wagging the dog.

We live in a world of increasing oppositions; it's becoming harder to find a middle ground on most topics. For those of us who work with and live in community associations, the current state of political discourse in America sadly comes as no surprise. In fact, there are some eerie similarities that reveal a few uncomfortable truths about our society.

Name calling, speaking (and yelling) over others, character assassination, accusations, conspiracy theories, and filibustering are never productive and usually reflect a certain intellectual laziness. Fake news and alternative facts have been employed for decades in some communities where facts matter less than agendas and can be employed equally by both members looking to oust a board as well as boards looking to shut down opposition. the best way to do battle with this problem is to have a membership comprised of people willing to undertake an independent analysis of the situation rather than relying on someone else's version of the truth. When id doubt, just remember this quote by Daniel Patrick Moynihan: "everyone is entitled to his own opinion, but not his own facts."

Calls to remove leaders are nothing new. Unfortunately, the recent changes to Florida law will make it less likely that recalled board members will challenge even a questionable recall petition if they must do so by paying for such a challenge out of their own pockets.

Conflicts of interest can erode the trust between an elected official and the people who elected him or her. Just as some members of Congress have filed litigation based on the Emoluments Clause in the U.S. Constitution, a perception that a board member has an undisclosed conflict of interest can lead to dissatisfaction at best and recall and litigation at worst. It's impossible to serve two masters so if you have agreed to serve on your community's board of directors, your

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The Community Association Law Blog: Going Too Far Down the Rabbit Hole: How Our National Political Discourse Parallels Our Community Association Discourse

http://www.communityassociationlawblog.com/2017/06/gonig-too-far-down-rabbit-hole-how-our.html[6/27/2017 6:12:17 PM]

Posted by Donna DiMaggio Berger at 11:01 PM

decisions must be based on what is best for the community and no longer what is in your best interests.

Just as we have spent an inordinate amount to time on a national discussion concerning the improper use of emails and sloppy email protocol, some directors completely underestimate the trouble a lack of email protocol can cause. The failure to understand, let alone embrace, best practices when it comes to email protocol which includes safeguarding privileged information and employing language which is designed to achieve a goal not blow it up, can make a small flare-up quickly turn into a full-blown conflagration.

Recently, a new client asked me about what can be done to stop leaks and leakers on their board. Just how did one roofing vendor reduce his bid to make it lower than the bid that was going to contract? Leaks on community association boards are often designed to do nothing more than embarrass a board member or officer (or help a vendor friend) but occasionally they cause a lot more damage including an anticipatory breach of contract claim. When it comes to litigation matters or pursuing insurance claims, closed-loop communications are crucial to the ability to minimize the association's exposure in the former instance and maximize its recovery in the latter circumstance.

Building a proverbial wall can become the turning point in a community. Some directors have very firm ideas about the material improvements they would like to make in their community and how to pay for those improvements, either by special assessment or loan. Often these ideas are not as wildly popular with the association members as Mr. or Ms. Director would like to believe. It is always best to gauge community sentiment before embarking on costly and potentially divisive projects.

Inevitably, the issue of personality conflicts arises in many communities. Dealing with personality issues (as exhibited by board members, owners or both) can be one of the toughest problems to solve in a shared ownership community. It is important to remember that your conflicts involve a "living together" relationship so patience, empathy and updated emergency contacts are some of your best tools when dealing with sensitive behavioral problems.

Finally, the potential for violence is the most disturbing comparison of all between the national stage and our local communities. There have been sporadic reports of violence in community associations over the years. Two that come to mind include a manger who was shot in the head (but mercifully survived) by a disgruntled former association employee and a board member shot and killed by a fellow director as they argued over association matters. Violence is never the answer but it does underscore how a 'pressure cooker' situation can blow the lid off any society, micro or macro.

The ability to find some middle ground is sadly disappearing from the national stage and it is, unfortunately, no different in some of our communities but our disgust with our national discourse might just lead us to insist that our association affairs be handled more productively.

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Going Too Far Down the Rabbit Hole: How Our National Political Discourse Parallels Our Community Association Discourse - June 26, 2017 - Donna DiMaggio BergerFlorida HOA’s Can Change Rental Rules - June 23, 2017 - Joseph AdamsCan I Run for the Condo Board If I Haven’t Paid A Fine? - June 21, 2017 - David G. MullerMedicaid Benefits and Home Ownership - June 19, 2017 - Heidi F. FriedmanEstoppel Bill Approved by Governor and Remaining Community Association Bills Presented to the Governor - June 15, 2017 - Yeline Goin

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Prepare Your Landscape For The Upcoming Summer and Hurricane Season Tuesday, June, 6th 2017 in Announcements, Landscaping by FAN

With summer ahead, it’s time to prepare for the heat, storms and humidity that occur in south Florida. It is time to prepare for the hurricane season. It is important that along with your personal and home safety, you also make sure to prepare your landscaping.

Trim your trees – In order to prevent damage, it is important to trim dead or damaged branches from trees, especially of those close to homes or powerlines.Use mulch instead of rocks – When it comes to material to control weeds, it is advised to use mulch as opposed to rocks or pebbles. Not only will mulch give nutrients to your soil but it is much less dangerous in high winds during hurricanes.Bring in anything that might be a wind hazard – Things like potted plants and decorations could be potentially dangerous if a storm occurs, make sure to move them inside if an impending hurricane is on its way.Stake young trees – It’s good to stake new trees and plants in order for them to stay put during storms. Make sure there is not too much tension or they are likely to snap.Decorative plants – Summer is Florida’s rainy season, which means it is time to take advantage of not having to water as much. Summer is the perfect time to plant ornamental plants. Such plants include periwinkle, portulaca, and caladium “elephant ear”.Plant herbs that thrive in heat – It’s a good idea to begin planting herbs such as basil, rosemary and cilantro now in order for them to grow in the summer. These herbs also do a great job repelling mosquitos.Prune your shrubs – In order to help your flowers bloom more, lightly prune any flowering shrubs you might have such as hibiscus and hydrangea.

Use these tip to prepare your home for a beautiful summer in sunny south Florida. Also remember to stay safe outdoors during this hurricane season.

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Insurance Reminders for Condo Associations at Start of Hurricane Season — Florida HOA Lawyer Blog — June 16, 2017

https://www.floridahoalawyerblog.com/2017/06/insurance-reminders-condo-associations-start-hurricane-season.html[6/27/2017 6:16:50 PM]

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Laura Manning-Hudson

Insurance Reminders for Condo Associations at Start of Hurricane SeasonJUNE 16, 2017by Laura Manning-Hudson

With hurricane season now underway, Florida condominium associations should take the time to ensure that they and their owners are prepared for a storm. In addition to ensuring that hurricane shutters are operational and all of the necessary supplies are on hand, associations should communicate with owners about insurance and liability under state law.

Florida law requires associations to maintain insurance for all portions of the condominium property as originally installed in accordance with the original plans and

the condominium property. Personal property, including

treatments including curtains, drapes, blinds, and similar

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RECENT ENTRIESLegislative Update: Condominium Terminations Bill Signed Into LawJune 19, 2017

Insurance Reminders for Condo Associations at Start of Hurricane SeasonJune 16, 2017

Legislative Update: New Laws Affecting Florida Community AssociationsJune 15, 2017

window treatment components, located within a unit or that unit’s limited common elements, and which serve only that unit, are not covered by the association’s insurance policies. Unit owners are responsible for maintaining their own insurance coverage for these items.

At the start of every hurricane season, association board members or property management should photograph and/or video all of the main public areas of the condominium property. These images could

become vitally important in the event that a storm strikes

insurance policies in waterproof cases in a secure location. If possible, digital copies should also be stored in several computers and devices.

It is also good practice for associations to develop a hurricane policy and distribute it to residents each year reminding them of all the things they need to do to prepare for hurricane season, including ensuring that shutters are operational, moving all furniture inside before they leave for the summer, and taking pictures of their personal property to keep as record evidence in the case of a storm.

Importantly, that hurricane policy should also include a reminder of the importance of maintaining their own homeowner’s insurance policies to cover their personal property within their units and their limited common elements. This communication may also be used to request updated owner and resident contact information, including cell phone numbers.

In the event of a loss, there could be a lot of work to be done, and it is advisable to consult with the association’s legal counsel and insurance consultants to assist in

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reporting and fling any necessary claims.

By taking all of these preparations, associations can ensure that all of their insurance matters are in order and they are ready for any storm-related claims that may arise.

Posted in: Community Association Law, Condominium Association Law and InsuranceTagged: hurricane insurance for community associations and storm insurance for condominium associations

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Legislative Update: New Laws Affecting Florida Community Associations — Florida HOA Lawyer Blog — June 15, 2017

https://www.floridahoalawyerblog.com/2017/06/legislative-update-new-laws-affecting-florida-community-associations.html[6/27/2017 6:24:52 PM]

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Legislative Update: New Laws Affecting Florida Community AssociationsJUNE 15, 2017by Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A.

When a bill passes the Florida Legislature and is sent to the Governor for consideration, the Governor has 15 days from which to sign the bill into law, veto it, or do neither (in which case the bill will automatically become law if unsigned within such 15 days). Senate Bill 398 and House Bill 377 have been signed by Governor Rick Scott. The following are summaries of the bills, which will take effect on July 1, 2017:

Senate Bill 398 amends the provisions of Florida Statutes 718.116, 719.108, and 720.3085 to establish new requirements for condominium, co-operative, and homeowners’ associations

Reduces the time for associations to respond to written

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Requires each association to provide on its website the identity of a person or entity (and their street or e-mail address) to which requests for estoppel

by hand delivery, regular mail, or e-mail to the

Changes authorized association signatories for

association to any board member, authorized agent, or authorized representative of the association, including authorized employees of the association’s management company.Establishes the information to be contained in, and the

following information must now be included in the

owner pursuant to association records, unit designation and address, parking space or garage number pursuant to association records, name and contact information for association counsel if the account is delinquent, fee for the preparation and

requestor, and assessment and other information, including whether the board of directors has the authority to approve of unit transfers and if there is a

Establishes a 30-day effective period for estoppel

day effective period if delivered by regular mail.

charge if the association learns of new information or

Caps the fees which may be charged for preparation of

which case an additional $100 may be charged; if

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there are delinquent amounts due to the association from the applicable parcel, the association may charge an additional fee not to exceed $150.00.Provides that no fee may be charged if the estoppel isn’t provided within the 10 business-day deadline; and establishes an aggregate fee limit for requests for multiple units owned by the same owner if there are no past due monetary obligations owed by such owner.Provides that the association waives the right to collect any amounts not included in the estoppel certifcate from any person who relies on the information in good faith and his or her successors.Requires that the board of directors pass a resolution to establish the authority to charge a fee for the preparation and delivery of estoppel certifcates.Provides that reimbursement for estoppel certifcate fees for sales that did not occur may not be waived by agreement if the estoppel certifcate fee was paid by someone other than the unit owner. Also provides for prevailing-party attorney fees related to actions for such reimbursements.Provides that the statutory fees authorized shall be adjusted every 5 years in keeping with the Consumer Price Index, and the adjusted amounts shall be published on the DBPR’s web site.

House Bill 377 amends Florida Statutes 95.11(3)(c), Florida Statutes. The bill was ostensibly passed in response to the case of Cypress Fairway Condominium v. Bergeron Construction Co., to clarify when “completion of the contract” occurs for purposes of the statute of limitations:

Completion of the Contract, as referenced in Florida Statutes 95.11(3)(c), Florida Statutes, is now defnes as the later of the date of fnal performance of all the contracted services or the date that fnal payment for such services becomes due without regard to the date fnal payment is made.



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For a complete reading of the adopted legislation, please refer to the text of the bills available on the websites for the Florida Senate (www.fsenate.gov) and Florida House of Representatives (www.myforidahouse.gov). Additionally, please contact our offces should you or your community require a more detailed legal analysis opining upon the impacts that the legislative changes described above can have on your community.

Also, please note that we are still monitoring the following bills which have already passed the Florida Legislature but are still waiting on action from the Governor:

SB 1520: The “Termination of Condominiums” billHB 653: The “Retroftting with Fire Sprinklers” billHB 6027: The “Financial Reporting” billHB 1237: The “Condominiums” bill

We will continue keeping you updated as the status of these bills change.

Posted in: Community Association Law, Condominium Association Law and New LegislationTagged: Florida community association legislation



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Cable TV … Internet … Phone Services Coax, Fiber Optics and More … There are New Opportunities for Community Associations! Friday, June, 2nd 2017 in Announcements, Condo, Contracts, HOA, Technology by FAN

In the past, local telephone companies provided telephone services and local cable companies provided cable television services. That was it. For an association, selecting a service provider was relatively easy since quality choices were few. But in recent years, this scenario has changed dramatically for the benefit of community associations. Regulatory changes, Florida state-wide video franchising, new technologies and increased competition from cable, satellite and telephone companies have created new opportunities and confusion for community associations. Plus, with new Internet technologies, communities are beginning to now upgrade to High Speed Internet delivering speeds up to 1Gig via GPON over Fiber from the phone companies and DOCIS 3.1 from the cable companies over existing Coax wiring.

Do we need fiber in our communities or will the existing coax wiring work just as well, in light of new technologies? There are many moving parts, and although time consuming, successfully navigating and sorting through the many options now available is “key” to securing the best Television, Internet and Phone services and pricing for an association community.

Let’s take a look for a moment:

Cable companies offer:

Cable Television · High-Speed Internet · Phone Services · Security Services

Phone companies offer:

Television Services · High-Speed Internet · Phone Services · Security Services

Satellite television and private cable operators offer:

Satellite Television · High-Speed Internet · Phone Services

Condominium and homeowner associations have more options and choices than ever.

Bulk Cable, Satellite, Internet and Phone Agreements:

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The most common type of association existing “Bulk Agreement” today is for cable television video services, but Bulk Agreements increasingly now include both Video and Internet service. Who can live without Internet access, and if the vast majority of the residents are already purchasing Internet service, why not include it in the bulk at a substantial discount? A Bulk Agreement is an agreement which provides for the delivery and billing of services, typically for 100% of the units within the association property. It’s basically a “volume discount” in exchange for a multi-year agreement with pre-established service rates and annual rate increases. Although access rights typically remain non-exclusive, non-bulk “Marketing Agreements” on the other hand, generally compensate the association for permitting a service provider to exclusively market their product on the association property.

With multiple providers, bulk and non-bulk options, plus existing contractual rights and obligations, how does an association solicit and select the best options for their community?

It’s sometimes very complicated, but hard work and the assistance of experts will likely garner rewards in the form of improved services and more competitive pricing options for the association. After all, for most associations, a bulk Cable/Internet service bill represents one of the largest financial expenditures for the association community. With this in mind, here are some basic steps an association may want to consider following in order to help make the best decisions for their community:

Start Early:

The earlier an association begins reviewing their rights, obligations and options, the better. A good time to start the process is about +/- 24 months before the current agreement expires. An early start helps to ensure that your association won’t be rushed into making a service and/or agreement decision.

Solicit Multiple Proposals:

Soliciting multiple proposals tends to give associations more negotiating power, which lends itself to providing for more choice, better pricing and service options. Plus, it also determines which options and providers can provide “viable” services and proposal options.

Get Expert Advice and Assistance:

Telecom providers are the experts in their field, and they represent their own interests. Therefore, associations should consider obtaining assistance from professional experts to help “level the playing field” for the benefit of the association. The association’s legal counsel helps to ensure that proposed and final agreements meet the legal needs of the association. On the other hand, professional industry consultants, such as Broadband Agreements Specialists, Inc., are well equipped to assist your association with the project management, proposal solicitation, analysis, board education and service implementation processes.

Your association now has many potential options! Regulatory changes by the FCC, Florida state-wide video franchising, plus new technologies and increased competition from cable, satellite and telephone companies have created new opportunities for associations. Successfully seeking, evaluating and navigating these many options will be your reward, which has the potential to bring financial and service benefits to your association for many years to come!

Jay M. Abbazia, CAM & Florida CAM CEU Provider

Broadband Agreement Specialists, Inc.

The article is intended for informational purposes only and should not in any way be relied upon as legal advice. Information in this article may not reflect recent developments or regulatory changes, and may contain errors or omissions. Broadband Agreement Specialists, Inc is not a law firm and does not provide legal advice. It is important and recommended that associations review all agreements and legal documents with qualified legal counsel for an accurate and legally reliable evaluation of rights and obligations. If an association has a legal

®

Legislative Update: Condominium Terminations Bill Signed Into Law — Florida HOA Lawyer Blog — June 19, 2017

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Legislative Update: Condominium Terminations Bill Signed Into LawJUNE 19, 2017by Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A.

Senate Bill 1520 was signed by Governor Rick Scott on June 16, 2017. The following is a summary of the bill, which will take effect on July 1, 2017:

SB 1520 amends 718.117, Florida Statutes, regarding the optional termination of

Plan of Termination to be passed without full consent of the unit owners. The changes to the law reduce the amount of unit owners required to reject a plan, postpone the time until another plan can be voted on, and requires that the plan be approved by the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation (“Division”) based on factual and public policy reasons. Further, it guarantees that an optional termination

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will not result in a unit owner receiving less than his or her purchase price of the unit.

Changes to 718.117(1), (3) and addition of (21):

Applicability

The statute contains language indicating it is controlling over language in a condominium’s declaration and applies to all condominiums in the state in existence on or after July 1, 2007. The phrase: “Unless the declaration provides for a lower percentage” has been stricken indicating that the threshold established in the statute is the minimum vote required for optional termination.

Optional Termination

Prior to the effective date of the amendment, in order to approve a plan of termination, 80% of unit owners must approve the plan, and no more than 10% of unit owners can object. The changes to the statute now require an 80% unit owner vote approving a plan of termination; with less than 5% objecting. Additionally, the changes to the statute now provide that once the plan of termination passes a unit owner vote, it would then need to be approved by the Division.The Division will have 45 days to review the Plan of Termination and notify the association of any

respond within 45 days, the plan is deemed accepted.Under the new law, plans of termination will now

need to include factual circumstances that show that the plan complies with Section 718.117, Florida Statutes, and supports the public policies of the section, which are listed below.If a plan of termination is rejected by 5% or more of the total voting interests of the condominium, then a new plan may not be considered for 24 months, as opposed to the current period of 18 months.Under the current law, a condominium owner who purchased a unit from the developer must be made

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“whole” upon termination. In other words, the plan of termination could not provide for paying the unit owner less than the original purchase price. SB 1520 removes the language that restricts this requirement only to the original unit owner, meaning that an owner who purchased a resale condominium would also be entitled to receive a minimum of the purchase price upon optional termination. The bill applies this section to all unit owners, not just the ones who object to the plan.

Public Policy Reasons the DBPR Evaluates During Review for Optional Termination

Ensure continued maintenance, management, and repair of stormwater management systems, conservation areas, and conservation easements; or avoiding the costs and responsibilities of maintenance, management, and repair from falling on the shoulders of the taxpayers.Prevent covenants from impairing the continued productive use of the property.Protect state residents from health and safety hazards.Provide fair treatment and just compensation for individuals, and preserve property values.Protect homestead property and homestead property rights.

For a complete reading of the adopted legislation, please refer to the text of the bills available on the websites for the Florida Senate (www.fsenate.gov) and Florida House of Representatives (www.myforidahouse.gov). Additionally, please contact our offces should you or your community require a more detailed legal analysis opining upon the impacts that the legislative changes described above can have on your community.

Also, please note that we are still monitoring the following bills which have already passed the Florida Legislature but are still waiting on action from the Governor:

http://www.flsenate.gov/http://www.myfloridahouse.gov/



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HB 653: The “Retroftting with Fire Sprinklers” billHB 6027: The “Financial Reporting” billHB 1237: The “Condominiums” bill

We will continue keeping you updated as the status of the above-referenced bills change.

Posted in: Condominium Association Law, Condominium Terminations and New LegislationTagged: condominium terminations bill and condominium terminations in Florida


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Maintaining Your Florida Home’s Swimming Pool Tuesday, June, 20th 2017 in Health, HOA by FAN

With the Florida weather pool maintenance is on our minds every season. Use these tips to help keep your home’s pool in tip top shape.

Check the water level – Due to the summer rains, it is important to make sure that the water is at a safe water level. Make sure to drain the pool when necessary.Remove debris – A quick way to keep your pool clean is by using a net to clean up debris, twigs and other things that might have fallen on your pool’s surface. It is also important to clean the strainer baskets once a week.Make sure to have the correct chemical levels – Having correct chemical levels helps decrease the chances of harmful disease and the amount of maintenance necessary. Be sure to test the water at least once a week for chlorine, calcium, P.H., and alkalinity.Vacuum the pool – To keep the water clear, vacuum your pool every week. This also decreases the amount of chemicals that you need to add.Shock your pool – Shocking is done by adding a large amount of chlorine to the pool. Increasing the chlorine levels will kill bacteria and odor. It is recommended to shock your pool every one to two weeks depending on how often the pool is used. If you have been making sure the chemical levels are good, shocking should not be needed as often.

by Ashley Dietz Gray, Marketing Director, Campbell Property Management

Tags: Florida home swimming pool, Home pool maintenance

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By Donna DiMaggio Berger

Home Donna DiMaggio Berger Becker & Poliakoff Community Association Law

Monday, June 5, 2017

"What's in a Name?" Quite a bit, particularly for Association Board Members who have been Defamed.When Shakespeare coined the phrase "the slings and arrows of outrageous fortune" in Hamlet,

he probably wasn't envisioning that sentiment could apply centuries later to volunteer board members. However, the Bard was opining that bad things can happen to a person and, in the present-day context, if you serving on a community association board of directors, those bad things can arrive in the form of defamation: slander and libel.

Over the years, I've been contacted by far too many board members who recount stories about horrible things which had been said or written about them both during their board service and even years afterwards. After the tale is told, the next statement is usually, "I want to sue". This blog post is not about whether or not those harsh words were warranted; it is about whether or not a board member can successfully pursue a defamation claim against his or her detractors. Defamation is a tort which refers to a false statement, either spoken (which is known as slander) or written (which is known as libel) that injures someone's reputation.

Some types of false statements are considered so damaging that they are deemed defamatory on their face (which is known as defamation per se) and thus, do not require the plaintiff to prove the defamatory nature of those statements or the plaintiff's damage. Typical examples of these kinds of statements which are deemed inherently injurious to one's reputation are:

Statements that injure another's reputation in his trade, business or profession. For example, if the Board President is a licensed real estate agent and a unit owner alleges that he has cheated other brokers out of their fair share of commissions over the years, his reputation in the real estate industry would be injured;Statements claiming someone has a "loathsome disease";Statements claiming that the person is "unchaste". In one community, a manager was accused of engaging in an extramarital affair with the community's landscaper and thus was the victim of slander per se;Allegations that an individual has been involved in criminal activity.

To state a cause of action for defamation in Florida, a plaintiff must allege the following:

The defendant published a false statement. The defendant's knowledge that the statement was or was not false is not the crux of the issue; the defendant's intent to publish the statement to a third party is.The statement was made about the plaintiff.The statement was made to a third party. The defendant must communicate the information with an intent to have someone hear or read it. For example, if the defendant made the statement with the reasonable belief that no one was around to hear it but the statement was overheard by a third party, that is not slander. The defendant must intend to have the statement read or heard by a third party. In addition, if the besmirched director is the only one who heard or read the statement, that also does not constitute slander or libel.The falsity of the statement caused injury to the plaintiff.

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Posted by Donna DiMaggio Berger at 6:32 PM

Labels: defamation, libel, slander

The following are some of the recognized defenses to a defamation suit:

Truth is a complete defense to any slander claim.Opinion as a defense depends heavily on the credibility and reputation of the person rendering the opinion. If a third party would typically rely upon the person's statements, then simply prefacing the defamatory content with an "in my opinion" qualifier will not be sufficient to shield the statement maker from liability.Consent is analogous to truth as an absolute defense. If the statement maker had the subject's consent to publish the statements than that consent will bar a slander action.Poor Reputation is not a complete defense to slander but can be used by the defendant to mitigate his or her damages in a defamation lawsuit by proving that the plaintiff had a bad reputation for the character trait at issue.

Some problems when attempting to pursue a defamation lawsuit include:

1. It can be difficult to prove that the statements are false. Statements that a director is a criminal can be easily proven false by submitting a clean criminal background as proof. However, statements that a director tampered with election ballot envelopes is harder to address unless the director can account for every step of the election process.

2. "She said, he said" situations can result in a stalemate. It will be necessary to have witnesses come forward when dealing with slander. Libel is easier because the written material can be produced.

3. Online defamation can be tricky. The plaintiff must prove that the defendant was actually the one making the statement(s) and that may require forensic investigation to uncover the identity of a particular online account.

4. Proving financial damage in a community association setting is not easy. Community association directors are typically unpaid positions. Unlike an employee who is slandered and subsequently fired as a result of the statements made, what real financial harm does a board member suffer as a result of statements made to ensure that he or she is not re-elected to the Board? Emotional distress alone is not enough to mount a successful defamation claim.

5. Directors may be considered limited purpose public figures rather than private figures. My law partner, Howard J. Perl, authored an article published in the Florida Bar's ActionLine periodical discussing the growing body of national case law which is making it harder for association board members to pursue defamation actions. According to Howard, "to support a claim for defamation, a private figure need only show negligence by the alleged defaming party, while a public figure must show 'actual malice'." Board members can take themselves out of the realm of a private figure and wind up becoming a limited purpose public figure if they become "a key figure in a particular controversy." For example, if a director takes a very aggressive and outspoken approach on a particular capital improvement project in an attempt to gain membership approval for same and a detractor decides to respond by listing all the reasons that director should not receive support for the project including a regurgitation of past transgressions, the director may have to prove that the statements were made with actual malice. To read Howard's full article on this topic please click here: http://www.becker-poliakoff.com/community-association-board-members-can-be-considered-limited-purpose-public-figures

If you serve on your board and you have been the victim of defamation, speak with an experienced association attorney who can walk you through the steps discussed herein to determine whether or not you have a viable cause of action.

Since I started this post with the Bard, I will end with him:

"Good name in man and woman, dear my lord,Is the immediate jewel of their souls;Who steals my purse steals trash; 'tis something, nothing''Twas mine, 'tis his, and has been slave to thousands;But he that filches from me my good nameRobs me of that which not enriches him,And makes me poor indeed." William Shakespeare-Othello

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FAN's Featured Blog Post · Start of Hurricane Season posted by Laura Manning-Hudson, Florida HOA Lawyer Blog, June 16, 2017 With hurricane season now underway, Florida condominium