July 29, 2025 • 46 mins
Association Law Tampa HOA Condo Laws Tampa
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Ask The Experts Florida is broadcast live Mondays at 9AM ET and Thursdays at 5PM ET on W4CY Radio (www.w4cy.com) part of Talk 4 Radio (www.talk4radio.com) on the Talk 4 Media Network (www.talk4media.com). Ask The Experts Florida is viewed on Talk 4 TV (www.talk4tv.com).
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Speaker 1 (00:00):
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(00:20):
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Speaker 2 (00:26):
Welcome to the Ask the Experts Show on W four
CY Radio and Talkboard TV, where we bring you educational
information from top local experts in the fields of legal, health,
financial and home improvement. Now sit back and listen to
experts in family law, association, law, hearing laws, business brokers,
(00:47):
home care, along with many other topics. Now Here are
your hosts, Spivo and Sophia.
Speaker 3 (00:55):
Hey, good afternoon, Tampa. Welcome to another sc experts show.
I'm your host for the next hour of Steve Though.
This is the last Tuesday of the month and that
means we've got our cave Bender Rimbaum Show, and I
got to tell you this show is becoming one of
(01:15):
our top shows. Now, They've always been our top show
in South Florida, but for Tampa they have come along.
I cannot tell you how much I appreciate all your
texts and emails that come in, and we do try
to get to every one of them. Today is going
to be a little bit different because we've got a
(01:37):
lot of new laws that have just been passed. And
let me welcome you to Attorney Kirsten k Hey, Kristen, Hello, Hello,
Oh yeah, I gotta tell you a lot of new
laws out there.
Speaker 4 (01:53):
Oh man, it's making my head.
Speaker 3 (01:55):
Spin or is your phone's ringing off the wall?
Speaker 4 (02:00):
It's you know, it's it's incredible. And you know, right
now we're trying to basically digest the laws. Don't ask me,
you know, the implications of a lot of these. I mean,
these are fresh off the press, right. Yes, you can
only interpret so much. That's the best we can do
(02:22):
right now. And at least, you know, educate the public,
just getting the word out there as to what the
changes are, so they're they're at least aware of them.
Speaker 3 (02:30):
Well, let's start off. Let's tell people about cave nder Rimboum.
Speaker 4 (02:35):
Sure, yes, cave nder Remboum is an exclusive community association
law firm, so that means that we represent primarily condominium
hoas and cooperative associations throughout the state of Florida. We
started as a law firm down in South Florida in
(02:55):
Pampano Beach, Florida, and that is where our main location,
our main office is located. We have since grown and expanded,
and so we do have other locations throughout the state
of Florida, including an office in Palm Beach Gardens in
the Orlando area, and then of course in the Tampa
(03:17):
Bay area, which I manage.
Speaker 3 (03:20):
I got to tell you, we probably don't know this,
but our show is nationwide, and so we've got other
community association law firms in other states. And I got
to tell you your firm is one of the fewest firms
that just concentrates on community association law. I look at
(03:42):
a lot of the other firms and you go, you
see their shingles says bankruptcy law, real estate law, business law.
But this is the sole area the cave into Rimbaum targets.
Speaker 4 (03:57):
That's correct, Steve, I mean, this is our exclusive practice.
This area. We all we are a full service Community
Association law firm. So that means that not only do
we represent and assist clients associations with the day to
day operations of running a condominium or an HOA association,
(04:19):
but you know, we also do lean and foreclosure collections
in house as well as have a you know, a
full dispute resolution department, so we handle internally all our mediation, arbortrations,
and then certainly litigation.
Speaker 3 (04:39):
Well, I got to tell you I am going to
now normally what we do is we read everybody's texts,
which we'll still have time to do that today, but
we're going to kind of turn the show over to
Kirsten and she's going to go over a lot of
these laws. Again, this just went to effect, so they're
(05:00):
still fresh, so we're just getting started. Next month, we'll
probably even do more, but Kirston, as long as you
need to take go far it thanks Steve right.
Speaker 4 (05:14):
So you know, July first of this year, House Bill
nine thirteen was signed by the governor and the bill
primarily affects condominium and cooperative association. So this year hoa's
that are governed under Chapter seven twenty at the Florida Statute.
(05:36):
I guess took a little break, and so the laws
that I'm about to go over affect, like I said,
condominiums and cooperatives. There were a lot of changes, significant changes,
and we you know, we're slowly starting to teach legal updates. Informally,
(05:58):
we are in the process of obtaining approval from the
Division of Condominium to teach a legal update for continuing
education credit for both board members and community association managers.
And you know, typically with the division it does take
a little bit of time to get that course approved.
(06:19):
So will we will be rolling out a division approved
course later on in the fall, and actually I will
be teaching that in the Tampa Expo this fall. But
for right now, you know, just wanted to informally kind
of you know, put out the word out there with
you know, just highlight some of the changes that went
(06:40):
into effect. Now again, I mean, I have a booklet
here that is you know, almost twenty pages long of
text with with changes. So this is probably not even
a third of what went into effect, but I want
to least highlight some of the ones, some of the
changes that will at least affect some of the day
(07:01):
to day operations for condominiums. All right, So let me
start with just quickly. You know, with regard to milestone inspection,
a change was made to check section five point fifty
three point eight ninety nine of the Florida Statute. And
this change basically highlights now that a milestone inspection has
(07:23):
to be completed by condominium associations that have condominium buildings
that are at least three habitable stories. So the word
habitable was now inserted in the statute, clarifying that it's
three habitable stories and higher. You know, there was if
(07:44):
you recall, there was some confusion with some condominiums who
start off with a garage and then the habitable level
you know, is on top of the garage, and so
I think that was intended to clarify some of that.
Speaker 3 (07:57):
Well, it won't include.
Speaker 4 (07:58):
That, right, it should not include that. Now it's three
habitable stories and higher now. So the same change was
also made with respect to sers, So now it's kind
of minium associations with three habitable stories or higher that
need to complete the serves. All right, moving on, very
(08:22):
interesting change was made with respect to virtual meetings. So
for the longest time, absent in emergency order, the statute
didn't really address the ability of associations to conduct these
virtual meetings via Zoom or other virtual platforms. Well, that
(08:42):
has changed. The statute now specifically says that board meetings,
association meetings, membership meetings, committee meetings may now be conducted virtually,
and the statute refers to these virtual meetings as video conferences.
So the Statute seven eighteen now includes a definition for
(09:05):
what is a video conference and basically says that the
notice of any meeting that will be conducted by video
conference now has to include a hyperlink as well as
a call in conference telephone numbers for unit owners to attend,
as well as the notice also has to include a
(09:28):
physical location for the meeting. So, yes, the statute says,
you can conduct these meetings virtually, but you are obligated
to also have a physical location for this meeting, and
your notice of the meeting has to include the address
of where the physical location will be. Okay. Now, if
(09:50):
you do decide as a board to allow these types
of meetings to be conducted virtually, the statute now imposes
a requirement for you to you record those meetings, okay,
and then all those recordings are now going to be
part of the official records and have to be maintained
as part of the official records of the association. So yes,
(10:13):
you can conduct virtual meetings, but you have to include
the hyperlink on the notice a physical location, and you
have to record these meetings going forward. Now, with all
these requirements, obviously, you know, the board now has to
make a business decision whether or not they want to
continue offering the virtual option.
Speaker 3 (10:33):
This is going to actually people will not have an
excuse anymore saying they didn't know about the meeting.
Speaker 4 (10:40):
That is true. And while virtual meetings are, you know,
provide flexibility, now it's imposing these additional requirements on the
board that they didn't really have before, right, and so
the board now has to decide if they want to
take on those additional responsibilities just because they want to
give owners the option, you know, the flexibility to attend virtually.
(11:03):
So we'll see how that goes, all, right, some requirements,
some changes were made to website requirements. So now the
statute provides that unless a shorter period is otherwise required,
a document has to be made available on the association's
(11:25):
website within thirty days after the association receives or creates
an official record. Now, the statue currently does outline the
type of records that have to be maintained on the website.
In addition to that, the statue now requires that approved
minutes of all board meetings over the preceding twelve months
(11:50):
now have to be posted on the website. You also
have to post on the website video recordings or a
hyperlink to the video recording all meetings of association. So
remember with those zoom meetings, once you record them, you
now have to not only keep the best part of
your official records, you got to post it now on
(12:11):
the association website, and that would include any any virtual
meeting conducted over the preceding twelve months. Now remember also
January first of twenty twenty six, the new website requirement
is going to go into effect. So effective January first
(12:32):
of twenty twenty six, if you're in a condominium that
has twenty five units or more, you're now going to
be required to maintain a website. So these website requirements
will apply to you effective January first. The current requirement, yeah,
the current requirement is for website is for condominy associations
(12:54):
with one hundred and fifty units, So if you're within
that threshold. Of these new website requirements apply to you
right away. If you are condominium with less than one
hundred and fifty units but more than twenty five, this
will apply to you effect of January first of twenty
twenty six. All right, moving on financial reports, So just
(13:20):
a little bit of background as a reminder for condominium associations.
Within ninety days after the end of your fiscal year,
condominium associations have to prepare a financial report of all
the financial activities of the preceding year. And then the
level of financial reporting is going to depend basically on
(13:41):
the annual revenue of the association. So, for example, if
your annual revenue is at least five hundred thousand dollars
or more, under the statute, you are required to prepare
financial audit. Okay, Now, the statute also requires that within
twenty one days after that financial report is prepared, within
(14:04):
one hundred and twenty and not exceeding one hundred and
twenty days from the end of the fiscal year, the
association is required to provide either a copy of that
financial report to the owners or a notice letting the
owners know hey that financial report is prepared and will
be made available to you free of charge upon receipt
(14:25):
of your written request. So the old statute had a
requirement of one hundred and twenty maximum of one hundred
and twenty days from the end of the fiscal year
to provide that report or notice of the availability. The
new statute now gives the associations one hundred and eighty days.
So they've given you additional time to have that financial
(14:48):
report prepared and then made available to the owners. And
I will tell you I've had a number of clients
that have been subject to division complaints, So owners have
filed complaints with the division of condominium due to the
failure of the association to meet this one hundred and
(15:08):
twenty day requirement. If you think about it, if your
fiscal year runs on a calendar year January through December
thirty first, and you only have up to one hundred
and twenty days to get this financial audit prepared and
then provide it to the owners, that's not a lot
of time.
Speaker 3 (15:24):
No, a time now they're going to have it more
time now.
Speaker 4 (15:27):
Additional time, yes, up to one hundred and eighty days
to provide a copy of that financial report. So that's
that's definitely a huge show.
Speaker 3 (15:35):
That doable now well.
Speaker 4 (15:37):
Hopefully, right. And so what I what I recommend to
clients is, if possible, you know, start engaging your accountant.
Start engaging your accountant for the preparation of the UH
of the financial report, even before the end of your
fiscal year.
Speaker 3 (15:55):
Right.
Speaker 4 (15:55):
Don't wait till after the fiscal year ends to start
looking for the account to engaging the account because that
could take some time in and of itself, right, And
then there's that period of providing the account with all
the financial records that they need, right, so it could
take up to you know, two months to get that done.
So start early, all, right. Membership meetings, So this one
(16:21):
was an interesting change in seven eighteen and essentially says
that if the annual meeting, and remember the annual meeting
is where associations will conduct their elections. So if the
annual election meeting is conducted via video conference, which is virtually,
(16:42):
then a quorum of the board must be physically present
at the physical location where unit owners can attend the
annual meeting. So you know, it's imposing some kind of
quorum requirement of the board members or quorm of the
board to be present at the physical location of the
annual meeting. Yet for condominiums, if you recall Steve, there
(17:06):
is no quorum requirement for condominium annual meetings, or at
least a quorum of the membership. All that is required
for you to conduct an election is to have at
least twenty percent of the voting interest submitted an election ballot.
So this is going to be interesting to see how
this plays out for condo annual elections, all right, this
(17:28):
one This was also an interesting change regarding budget meetings.
So typically the Board of Directors is the body that
adopts budgets for associations. Well, now the statute says that
if the board proposes in any fiscal year an annual
(17:50):
budget which requires assessments against owners which exceed one hundred
and fifteen percent of assessments from the preceding fiscal year.
In other words, if you're adopting a budget this year
that exceeds at least fifteen percent from last year's budget,
the statue now says that the board must simultaneously propose
(18:12):
at the budget meeting before you adopt the annual budget,
a substitute budget that does not include any discretionary expenditures
that are not required to be in the budget. Wow,
So you know, I don't know what they mean by
these discretionary expenditures. I would think that for most budgets
(18:32):
there's little room for discretionary expenditure.
Speaker 3 (18:35):
Yeah, right, Typically they what they meant by that, did they?
Speaker 4 (18:40):
They didn't say what discretion expenditures ought. So when you
in calculating, you know, the one hundred and fifteen percent
increase from last year, the statue does clarify that it excludes,
so you're not going to take into consideration any reserves
that you need for repair or replacement of condominium property.
(19:02):
You're also not going to take into consideration the serves
reserved if you are required to maintain serves, And you're
also not going to consider the insurance premium cost. So
those three expenses you're not going to take into account
when calculating the one hundred and fifteen percent increase. Now,
(19:24):
if your budget is going to exceed, you know, fifteen
percent from last year's budget, owners must then consider and
may adopt the substitute budget if it is approved by
a majority of the voting interests, unless, of course, the
bylaws provide for a higher percentage. So the board presents
(19:46):
the substitute budget and then only if at least a
majority if the voting interest approves a substitute budget, will
it go into effect. If they don't approve that substitute budget,
then the board can go ahead and adopt their original
propose budget.
Speaker 3 (20:01):
Wow.
Speaker 4 (20:01):
Wow exactly And you know, practically speaking, you got to
think of it this way. Boards, the board will adopt
the budget at a board meeting, right, So, if there
are proposing a substitute budget which owners can approve, Remember
owners can only vote at membership meetings. So practically speaking,
(20:23):
that means that, although the statue doesn't say this, from
a practical standpoint, the board's going to have to recess
the board meeting to then allow the membership to have
a membership meeting. And then, depending on the outcome of
that membership meeting, if the members don't adopt that substitute budget,
then the board can go ahead and reconvene their budget
(20:46):
meeting to then adopt the budget. So it's not a
quick one to three. Seems like this will take you know,
several meetings to get the final budget adopted.
Speaker 3 (20:58):
I see a lot of extra work.
Speaker 4 (21:00):
Now, yes, yes, this is going to be an interesting one.
Speaker 3 (21:07):
That hard to have time they're doing the work before.
It's going to be even more now.
Speaker 4 (21:14):
Yeah, I mean, you know, the the budget process is
typically you know, it's it takes time for a board
to prepare budget, right, typically several months, right because you're
going to get you're waiting for that insurance premium estimate
to come in and you know, estimates from all these
other vendors. So you know, it takes months in the planning. Plus,
(21:39):
you know, the fourteen day notice requirement is still an effect,
so conduct Peneminium board members still have to provide fourteen
day notice of that budget meeting as well as the
copy of the proposed budget. So it's very involved. Wow,
all right, there were a number of changes made with
regard to reserves as well as the serves. So let
(22:03):
me just quickly highlight.
Speaker 3 (22:04):
That person, this is gonna be like a dry run
for you, practicing getting ready to all these seminars you're
gonna be doing with your clients.
Speaker 4 (22:14):
Well, yes, and typically this would be a two hour course. Yes, so,
and we're doing this in thirty minutes.
Speaker 3 (22:23):
Yes, I don't know you're gonna do it in two hours?
Speaker 4 (22:27):
Yes, Well, there's there's a lot to cover, so I'm
only scratching the surface here.
Speaker 3 (22:31):
You're doing great, go ahead, all right with reserves.
Speaker 4 (22:34):
So and I'm not talking about serves, although this applies
to serves as well. You know, among the items that
condominiums have to reserve for, the current statute reads for
regular reserves, you had to reserve for building painting, groof replacement, surfacing,
pavement resurfacing, and then any other deferred maintenance expense or
(22:58):
plea replacement costs that exceeded ten thousand dollars. Well, that
ten thousand dollars threshold has now been increased to twenty
five thousand dollars. The same thing applies with the serves.
For serves, you have to prepare a reserve study for
certain items as well as any different maintenance expense or
(23:20):
replacement costs that exceeds now twenty five thousand dollars or
it's either twenty five thousand dollars or the inflation adjusts
the amount determined by the division, whichever is greater. So
the division of kind of minium now has to adjust
that number for inflation every year based on the consumer
(23:43):
price index, which makes sense. I mean that ten thousand
dollars threshold has been in the books for as long
as I've been practicing in this area, which is at
least fifteen years. So finally they've come to their senses
and decided, you know what, maybe that needs an adjustment.
Speaker 3 (24:01):
Okay, so that's good, so.
Speaker 4 (24:03):
Right, so, And in addition, so by February first of
twenty twenty six, and then annually thereafter, the division has
to nap posts on its website the new inflation adjusted numbers. Okay,
to be out on the look for that now. The
(24:27):
statute also clarifies that reserves regular reserves and serves reserves
can be pulled. The statue never expressly address that, now
it specifically says it can be pulled. Just note that
serves reserves can only be pulled with serves reserves and
non seers reserves can only be pulled with non searge
(24:49):
reserves if you're in one of those condominiums that has
to do serves. So the requirement to maintain regular reserves
has not been eliminated. And if if you are maintaining those,
just know you can't pull surge reserves with nonss reserves.
Speaker 3 (25:06):
Kirstan, I just want to remind everybody these are all condominiums, right, correct, Okay,
correct now.
Speaker 4 (25:14):
The Statute seventeen also now clarifies that you don't need
a membership vote if you want to go from street
line accounting tolled pulled reserves. So if you've been maintaining
reserves as separate in a straight line method accounting, so
(25:37):
individual reserves, and you want to pull reserves for two
or more reserve items, you can now do that without
requiring a vote of the owners. And that applies both
for regular reserves as well as SIRS reserves. The statute
also now clarifies that serves reserves. If you're required to
(25:58):
maintain serves reserves, they can now be funded either through
regular assessments, special assessments, a line of credit, or a loan.
But if you are going to either adopt a special
assessment to fund serves or obtain a line of credit
or a loan, you are required to obtain the vote
(26:21):
of the membership, and the vote that you need to
obtain is a vote of the majority of the voting interests,
so majority of your unit owners. The statute also says
that unit owner control associations that are required to have
serves can also now secure a line of credit or
a loan in order to fund any capital expenses. Now,
(26:46):
whether or not you need a vote of the membership
to secure that line of credit or loan to do
the you know, serge repairs, that will depend on your
governing documents. So you're going to have to look at
your governing documents, typically your articles of incorporation and by
laws to see if you need the vote of the owners,
(27:07):
and if you do, you have to get it. And typically,
you know, when you close on a line of credit
or a loan, the bank is going to want you,
the association, to provide some count of letter from your
legal counsel confirming, among other things, that any membership approval
(27:28):
that was required has been has been obtained.
Speaker 3 (27:32):
Hey, Kirsten, w we do this one. Don't we go
to a break. Let you rest your voice. We'll go
to a short break and when we come back, we'll
go over the schedule and then we'll get back into this.
I got to tell you this. There's a lot of
changes here. Oh man, So let's oh wow, uh, let's
(27:53):
go to break. Tell people how they can reach the
main number that's good for any one of the locations.
Speaker 4 (28:02):
Yes. The main number is nine four nine to eight
zero six eight.
Speaker 3 (28:09):
Zero and the website is ABR legal dot com. We're
gonna go to a quick break. We come back. We're
gonna go over your classes coming up, and then we'll
get back into all these new laws that are gonna
be taking it back. We'll be right back with Kirsten Inns.
Speaker 5 (28:40):
Kavender Rembaum is a full service community association law firm
dedicated to the representation of community associations throughout Florida. On
kbr legal dot com, you can learn more about their
offices in Pompino Beach, Palm Beach Gardens, Orlando, Tampa, as
well as throughout Miami Dade by appointment. Several k Benda
(29:01):
Rembaum attorneys are board certified specialists in condominium and plan
development law and assist clients with all matters of community
association legal issues while keeping them up to date on
new developments that affect their associations. K Beenda Rembaum is
also a well known provider of free legal education for
managers and board members. Contact Kbenda Rembaum today by calling
(29:25):
eight hundred nine seven four zero six eight zero. That's
eight hundred nine seven four zero six eight zero to
reach any of their locations. You can also visit them
online at KBR legal dot com or write to them
at info at KBR legal dot com.
Speaker 6 (29:43):
And we are back with the Asdexpert Show on Worcy
Radio and Talk for TV with your hosts Spevo, Sophia
and their expert guests.
Speaker 3 (29:56):
And we are back. Well, we're going over all these
new life laws now that gone into effect. We're here
with the Cave Bender Rimbaum Law Firm, Community Association Firm.
And we're here with the attorney Kirsten Hins, she's in
the Tampa office. Person. Let's talk about some One of
(30:18):
the most I think incredible things that k Bender Rimbaum
does is you have so many free classes. You're always
out there educating your clients. Tell people what you've got
coming up for the end of July and going into August.
Speaker 4 (30:37):
Sure, Steve, So for the remaining a few days in July,
we have I'm actually or actually Alan is teaching a class.
Actually that was today, never mind, he taught a class
a on the on updating the the governing documents. All right,
(30:58):
July July buy thirty first, so that's Thursday. Emily attorney
Emily Gannon and Peter Mullngarden. They're going to be teaching
the Condominium Board Certification class. That's from eleven to three
So those kind of minium board members that have that
(31:19):
are newly elected or even if they've been on the
board in the past and want a refresher course, this
is the class for you. It is four hours. Then
I'm teaching on August sixth a webinar on guest restrictions
and screening of tenants and new owners, so we'll talk
about the authority to approve or disapprove purchasers, tenants as
(31:42):
well as additional occupants. Then on August twentieth, I'm going
to be teaching a new course on HOA financial literacy
and transparency, so we'll talk about This will primarily affect
as government under Chapter seven to twenty of the Florida Statute.
(32:03):
So if you're in a condominium association, probably not the
course for you to attend. It'll be from twelve to
two pm, also a webinar, and this course has been
approved by the Division for continuing education credit. If you
recall HOA board members have continuing education requirements that they
(32:24):
have to fulfill after they've completed their board certification class,
and the number of hours that they need to take
will depend on the size of the community. Well, for
the longest time, for the last year, nobody knew which
type of courses would satisfy these continuing education credit requirements. Well,
(32:46):
the division has now officially approved a lot of our
courses and this is one of those. So this will
apply for continuing education credit. And then on August twenty first,
Attorney Danielle Brennan, we'll be teaching an HOA board member
certification class. And then I just want to also point
out that there will be every year, there's a number
(33:10):
of condominium and HOA expos or trade shows throughout the state.
The ones that we typically attend are the ones in
South Florida, Palm Beach Gardens, Broward County in the Orlando area,
and then here on the West coast in Tampa and Bradenton.
So I just want to point out a few dates.
(33:33):
October seventh, it's going to be the Broward County Trade Show.
October seventeenth, Palm Beach October twenty first is the Tampa
Trade Show at the Tampa Convention Center. And then October
twenty nine, is going to be the trade show at
the Bradenton Area Convention Center. So that's all we got.
Speaker 3 (33:56):
So before we're gonna we're sitting here with discussing the
new laws that have just gone into effect. Which laws?
Tell me your favorite and then your least favorite?
Speaker 4 (34:10):
My favorite and least favorite. Oh jeez, well, I mean
I think I think the the law that now requires
a quorum of the board to be physically present at
the physical location of the annual meeting. I mean, I
think that's just silly. I mean, I I don't even
(34:32):
see the purpose that it will serve other than confuse
the owners. Now, well, do we need a quorum? Do
we not need a quorum? What if a quorum of
the board is not there, can we conduct elections? Remains
to be seen. So I think that that one is
my least favorite, I think at the moment, I think
(34:53):
I think the one that you know speaks most to
me is the one about financial reporting. That it increased
the time frame within which the board get their financial
report prepared and then disseminated to the members.
Speaker 3 (35:07):
So you must have had a lot of complaints about that.
Speaker 4 (35:10):
Yes, yes, unbelievable.
Speaker 3 (35:13):
Okay, we're talking about so many nude laws. How come
they're mostly all condo and not HOA.
Speaker 4 (35:22):
I mean, your guess is as good as mine.
Speaker 3 (35:26):
I mean, it seems like they really just concentrated on
condo associations.
Speaker 4 (35:30):
I think a lot of it was, you know, just
trying to clean up existing language, so you know that
this was the result of that of that effort.
Speaker 3 (35:40):
Curious kind of feedback have you gotten from board members
so far?
Speaker 4 (35:45):
Well, I think at the moment, again this law and
right less than thirty days, I think board members are
just in the process of getting educated and still, you know,
sort of digesting these laws themselves.
Speaker 3 (36:00):
Let's get back into them. I got to tell you,
I don't even care if it takes up the whole show.
I think this is such an important show that we're
doing that people are going to want to come back
and watch the show again and listen to the show
again because you're giving out so much great information that
(36:20):
probably people and you're explaining it too, and that makes
a difference too. So let's continue on. You're doing great.
Speaker 4 (36:29):
I have a few others I want to highlight because
I think that could add some additional relief to kind
of minium associations. That are subject to the milestone and
the search requirement. So one of the changes actually allows
associations to temporarily suspend contributions towards your sers. So what
(36:51):
the statute says is for a budget adopted on or
before December thirty one of twenty twenty eight, if you're
an association that has completed your milestone inspection, then upon
the approval of a majority of the total voting interests,
the association or the board can temporarily pause for a
(37:12):
period of no more than two consecutive annual budget They
can pause reserve fund contributions or reduce the amount of
reserve funding in order to focus the resources on the
recommended repairs from the milestone inspection. So again would only
apply if you've already done the milestone inspection and if
(37:36):
you get the vote of the owner. So you still
need a membership vote a majority of the voting interests,
and you can only you can only temporarily suspend contributions
towards the serves for no more than two consecutive annual budgets.
So it's not in perpetuity, it is for a limited period. Now,
(38:00):
if you do end up getting this membership vote, and
suspend or you're able to reduce the seers contributions. The
statue does provide that you will need to have a
serves performed before you start contributing towards your serves, So
perhaps not a full surs but perhaps get your SIRS
(38:24):
advisor to review and update the schedule, the reserve schedule
right to take into accounts the the years that you've
suspended the full serves contribution, so that that might that
that that that's you know, potentially a good one for
Kondo Minium associations. Another one is it's it's a change
(38:48):
that will allow associations to delay the actual serves, so
the the preparation of the serves The deadline for preparing
the serves one December thirty first of twenty twenty four,
so everyone was supposed to have their source completed December
of last year. For those that haven't yet done done it,
(39:11):
the deadline was extended to December thirty first of twenty
twenty five. You get you know, the remaining of this
year to get rege completed temporary right now. If the
association has completed the milestone inspection, the association may delay
performing the sers for no more than two consecutive budget
(39:34):
years immediately following the Milestone inspection in order to focus
your financial resources on completing the repairs that were recommended
by Milestone. So again you know this, this, this, this
hopefully you know put ausist. Some associations that a reprieve
a temporary one, right, yeah, temporary and then I think
(39:58):
finally a couple of so a couple of changes I
want to point out with electronic voting. So with electronic voting,
association board of directors can institute electronic voting and many
have and that has been a game changer for associations
that you know are looking to boost owner participation, right,
(40:22):
because the biggest complaint is, you know, owners don't get involved,
owners don't live on site, and so it's hard to
get that owner vote uncertain items. So electronic voting can
facilitate that. Now, the statute used to say that in
order for the board to have that meeting to institute
electronic voting, they needed to provide notice of that meeting
(40:44):
at least fourteen days in advance. So for many that
you know that that was problematic. And so now the
news statute doesn't require that fourteen day notice. So the
board can now have a board meeting with only forty
hour notice in order to institute electronic voting. The statue
also says that if at least twenty five percent of
(41:07):
the voting interests of a condominium petition the board to
adopt a resolution instituting electronic voting for the next scheduled election,
then the board has to hold the meeting within twenty
one days after receiving the petition, but only if the
petition is received within one hundred and eighty days after
(41:29):
the date of the last scheduled annual meeting. So now
we see basically an entitlement for owners to now petition
the board if they haven't already instituted electronic voting. Now
owners can petition the board to institute electronic voting if
they submit this petition within a certain time frame. And
(41:50):
again this is only for electronic voting for your next
scheduled election. Now you asked me, you know what was
my least favorite change? I think this probably makes the
list as well. This has to do with electronic ballots, okay,
(42:10):
and I'll explain this. So if the association has not
adopted electronic voting, so the only way that owners in
the community can vote is the traditional way right through
either a paper ballot in person or via a limited proxy.
If you don't have E voting, the association is now
(42:30):
required to designate an email address to receive what is
known as electronic ballots, and owners can now electronically transmit
a ballot to the email address designated for that particular
purpose without having to comply with rules providing for secrecy
(42:51):
of ballots. So essentially, and this will mostly apply to
voting for election. So if you don't have E voting
and an owner chooses to submit a ballot and forego
you know, secrecy, if you want to waive that, that's fine.
(43:14):
You have the option now to transmit an electronic ballot
to this email address designated by the board. The board
then has to accept that electronic ballot, provided that it
needs certain requirements, such as the ballot has to include
a space for the owner to indicate their unit number,
a space for the owner to type in their first
(43:38):
and last name, which now serves as their signature, and
then the ballot has to contain a disclaimer and the
statue provides that disclaimer has to be in bold phase.
And essentially, say, waiving the secrecy of your ballot is
your choice. You do not have to waive the secrecy
of your ballot in order to vote. By transmitting your
(44:00):
completed ballot through email to the association, you waive the
secrecy of your completed ballot. If you do not wish
to wave your secrecy, but wish to participate in the
vote that is the subject of the ballot, please attend
the in person meeting period.
Speaker 3 (44:16):
I got it. How you crammed two hours into about
fifteen minutes.
Speaker 4 (44:23):
Well I didn't even cover half of the changes, but
at least some of the salient ones.
Speaker 3 (44:32):
Well you get incredible. Let's give everybody that phone number
again and the website address.
Speaker 4 (44:40):
Yes, the main number is ninety five four nine to
eight zero six eight zero. The website is KBR Legal
dot com and I encourage you to get on our website.
Take a look at our upcoming schedules. Well, we will
definitely be rolling out and more official legal update in
(45:02):
the fall. And for credit if you're looking for credit, so.
Speaker 3 (45:07):
Well, Kristen, I'm from Texas and I got to tell
you what you did today. You kick, but you did tremendous.
We can't thank you enough. Person will be back again
with us next month. I bet you'll have some more
laws to go over. But hey, Kirston, thank you, you
did a great job. We'll see you again next month.
Speaker 4 (45:31):
Thanks te bye everyone.
Speaker 3 (45:33):
But that's Kirsten hns Hey bend Rimbaum Law Firm there.
They cover all of Florida. That's going to do it
for us today. We'll be back again with you next
week with more s Yes.
Speaker 2 (45:46):
Thanks for tuning in today to the Ask the Expert
Show on the W four c Y Radio and Talk
for TV, due in next week and every week to
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the areas of legal, health, financial and home improvement.
Speaker 6 (46:10):
See you next week.
The topics and opinions expressed in the following show are
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(00:20):
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Speaker 2 (00:26):
Welcome to the Ask the Experts Show on W four
CY Radio and Talkboard TV, where we bring you educational
information from top local experts in the fields of legal, health,
financial and home improvement. Now sit back and listen to
experts in family law, association, law, hearing laws, business brokers,
(00:47):
home care, along with many other topics. Now Here are
your hosts, Spivo and Sophia.
Speaker 3 (00:55):
Hey, good afternoon, Tampa. Welcome to another sc experts show.
I'm your host for the next hour of Steve Though.
This is the last Tuesday of the month and that
means we've got our cave Bender Rimbaum Show, and I
got to tell you this show is becoming one of
(01:15):
our top shows. Now, They've always been our top show
in South Florida, but for Tampa they have come along.
I cannot tell you how much I appreciate all your
texts and emails that come in, and we do try
to get to every one of them. Today is going
to be a little bit different because we've got a
(01:37):
lot of new laws that have just been passed. And
let me welcome you to Attorney Kirsten k Hey, Kristen, Hello, Hello,
Oh yeah, I gotta tell you a lot of new
laws out there.
Speaker 4 (01:53):
Oh man, it's making my head.
Speaker 3 (01:55):
Spin or is your phone's ringing off the wall?
Speaker 4 (02:00):
It's you know, it's it's incredible. And you know, right
now we're trying to basically digest the laws. Don't ask me,
you know, the implications of a lot of these. I mean,
these are fresh off the press, right. Yes, you can
only interpret so much. That's the best we can do
(02:22):
right now. And at least, you know, educate the public,
just getting the word out there as to what the
changes are, so they're they're at least aware of them.
Speaker 3 (02:30):
Well, let's start off. Let's tell people about cave nder Rimboum.
Speaker 4 (02:35):
Sure, yes, cave nder Remboum is an exclusive community association
law firm, so that means that we represent primarily condominium
hoas and cooperative associations throughout the state of Florida. We
started as a law firm down in South Florida in
(02:55):
Pampano Beach, Florida, and that is where our main location,
our main office is located. We have since grown and expanded,
and so we do have other locations throughout the state
of Florida, including an office in Palm Beach Gardens in
the Orlando area, and then of course in the Tampa
(03:17):
Bay area, which I manage.
Speaker 3 (03:20):
I got to tell you, we probably don't know this,
but our show is nationwide, and so we've got other
community association law firms in other states. And I got
to tell you your firm is one of the fewest firms
that just concentrates on community association law. I look at
(03:42):
a lot of the other firms and you go, you
see their shingles says bankruptcy law, real estate law, business law.
But this is the sole area the cave into Rimbaum targets.
Speaker 4 (03:57):
That's correct, Steve, I mean, this is our exclusive practice.
This area. We all we are a full service Community
Association law firm. So that means that not only do
we represent and assist clients associations with the day to
day operations of running a condominium or an HOA association,
(04:19):
but you know, we also do lean and foreclosure collections
in house as well as have a you know, a
full dispute resolution department, so we handle internally all our mediation, arbortrations,
and then certainly litigation.
Speaker 3 (04:39):
Well, I got to tell you I am going to
now normally what we do is we read everybody's texts,
which we'll still have time to do that today, but
we're going to kind of turn the show over to
Kirsten and she's going to go over a lot of
these laws. Again, this just went to effect, so they're
(05:00):
still fresh, so we're just getting started. Next month, we'll
probably even do more, but Kirston, as long as you
need to take go far it thanks Steve right.
Speaker 4 (05:14):
So you know, July first of this year, House Bill
nine thirteen was signed by the governor and the bill
primarily affects condominium and cooperative association. So this year hoa's
that are governed under Chapter seven twenty at the Florida Statute.
(05:36):
I guess took a little break, and so the laws
that I'm about to go over affect, like I said,
condominiums and cooperatives. There were a lot of changes, significant changes,
and we you know, we're slowly starting to teach legal updates. Informally,
(05:58):
we are in the process of obtaining approval from the
Division of Condominium to teach a legal update for continuing
education credit for both board members and community association managers.
And you know, typically with the division it does take
a little bit of time to get that course approved.
(06:19):
So will we will be rolling out a division approved
course later on in the fall, and actually I will
be teaching that in the Tampa Expo this fall. But
for right now, you know, just wanted to informally kind
of you know, put out the word out there with
you know, just highlight some of the changes that went
(06:40):
into effect. Now again, I mean, I have a booklet
here that is you know, almost twenty pages long of
text with with changes. So this is probably not even
a third of what went into effect, but I want
to least highlight some of the ones, some of the
changes that will at least affect some of the day
(07:01):
to day operations for condominiums. All right, So let me
start with just quickly. You know, with regard to milestone inspection,
a change was made to check section five point fifty
three point eight ninety nine of the Florida Statute. And
this change basically highlights now that a milestone inspection has
(07:23):
to be completed by condominium associations that have condominium buildings
that are at least three habitable stories. So the word
habitable was now inserted in the statute, clarifying that it's
three habitable stories and higher. You know, there was if
(07:44):
you recall, there was some confusion with some condominiums who
start off with a garage and then the habitable level
you know, is on top of the garage, and so
I think that was intended to clarify some of that.
Speaker 3 (07:57):
Well, it won't include.
Speaker 4 (07:58):
That, right, it should not include that. Now it's three
habitable stories and higher now. So the same change was
also made with respect to sers, So now it's kind
of minium associations with three habitable stories or higher that
need to complete the serves. All right, moving on, very
(08:22):
interesting change was made with respect to virtual meetings. So
for the longest time, absent in emergency order, the statute
didn't really address the ability of associations to conduct these
virtual meetings via Zoom or other virtual platforms. Well, that
(08:42):
has changed. The statute now specifically says that board meetings,
association meetings, membership meetings, committee meetings may now be conducted virtually,
and the statute refers to these virtual meetings as video conferences.
So the Statute seven eighteen now includes a definition for
(09:05):
what is a video conference and basically says that the
notice of any meeting that will be conducted by video
conference now has to include a hyperlink as well as
a call in conference telephone numbers for unit owners to attend,
as well as the notice also has to include a
(09:28):
physical location for the meeting. So, yes, the statute says,
you can conduct these meetings virtually, but you are obligated
to also have a physical location for this meeting, and
your notice of the meeting has to include the address
of where the physical location will be. Okay. Now, if
(09:50):
you do decide as a board to allow these types
of meetings to be conducted virtually, the statute now imposes
a requirement for you to you record those meetings, okay,
and then all those recordings are now going to be
part of the official records and have to be maintained
as part of the official records of the association. So yes,
(10:13):
you can conduct virtual meetings, but you have to include
the hyperlink on the notice a physical location, and you
have to record these meetings going forward. Now, with all
these requirements, obviously, you know, the board now has to
make a business decision whether or not they want to
continue offering the virtual option.
Speaker 3 (10:33):
This is going to actually people will not have an
excuse anymore saying they didn't know about the meeting.
Speaker 4 (10:40):
That is true. And while virtual meetings are, you know,
provide flexibility, now it's imposing these additional requirements on the
board that they didn't really have before, right, and so
the board now has to decide if they want to
take on those additional responsibilities just because they want to
give owners the option, you know, the flexibility to attend virtually.
(11:03):
So we'll see how that goes, all, right, some requirements,
some changes were made to website requirements. So now the
statute provides that unless a shorter period is otherwise required,
a document has to be made available on the association's
(11:25):
website within thirty days after the association receives or creates
an official record. Now, the statue currently does outline the
type of records that have to be maintained on the website.
In addition to that, the statue now requires that approved
minutes of all board meetings over the preceding twelve months
(11:50):
now have to be posted on the website. You also
have to post on the website video recordings or a
hyperlink to the video recording all meetings of association. So
remember with those zoom meetings, once you record them, you
now have to not only keep the best part of
your official records, you got to post it now on
(12:11):
the association website, and that would include any any virtual
meeting conducted over the preceding twelve months. Now remember also
January first of twenty twenty six, the new website requirement
is going to go into effect. So effective January first
(12:32):
of twenty twenty six, if you're in a condominium that
has twenty five units or more, you're now going to
be required to maintain a website. So these website requirements
will apply to you effective January first. The current requirement, yeah,
the current requirement is for website is for condominy associations
(12:54):
with one hundred and fifty units, So if you're within
that threshold. Of these new website requirements apply to you
right away. If you are condominium with less than one
hundred and fifty units but more than twenty five, this
will apply to you effect of January first of twenty
twenty six. All right, moving on financial reports, So just
(13:20):
a little bit of background as a reminder for condominium associations.
Within ninety days after the end of your fiscal year,
condominium associations have to prepare a financial report of all
the financial activities of the preceding year. And then the
level of financial reporting is going to depend basically on
(13:41):
the annual revenue of the association. So, for example, if
your annual revenue is at least five hundred thousand dollars
or more, under the statute, you are required to prepare
financial audit. Okay, Now, the statute also requires that within
twenty one days after that financial report is prepared, within
(14:04):
one hundred and twenty and not exceeding one hundred and
twenty days from the end of the fiscal year, the
association is required to provide either a copy of that
financial report to the owners or a notice letting the
owners know hey that financial report is prepared and will
be made available to you free of charge upon receipt
(14:25):
of your written request. So the old statute had a
requirement of one hundred and twenty maximum of one hundred
and twenty days from the end of the fiscal year
to provide that report or notice of the availability. The
new statute now gives the associations one hundred and eighty days.
So they've given you additional time to have that financial
(14:48):
report prepared and then made available to the owners. And
I will tell you I've had a number of clients
that have been subject to division complaints, So owners have
filed complaints with the division of condominium due to the
failure of the association to meet this one hundred and
(15:08):
twenty day requirement. If you think about it, if your
fiscal year runs on a calendar year January through December
thirty first, and you only have up to one hundred
and twenty days to get this financial audit prepared and
then provide it to the owners, that's not a lot
of time.
Speaker 3 (15:24):
No, a time now they're going to have it more
time now.
Speaker 4 (15:27):
Additional time, yes, up to one hundred and eighty days
to provide a copy of that financial report. So that's
that's definitely a huge show.
Speaker 3 (15:35):
That doable now well.
Speaker 4 (15:37):
Hopefully, right. And so what I what I recommend to
clients is, if possible, you know, start engaging your accountant.
Start engaging your accountant for the preparation of the UH
of the financial report, even before the end of your
fiscal year.
Speaker 3 (15:55):
Right.
Speaker 4 (15:55):
Don't wait till after the fiscal year ends to start
looking for the account to engaging the account because that
could take some time in and of itself, right, And
then there's that period of providing the account with all
the financial records that they need, right, so it could
take up to you know, two months to get that done.
So start early, all, right. Membership meetings, So this one
(16:21):
was an interesting change in seven eighteen and essentially says
that if the annual meeting, and remember the annual meeting
is where associations will conduct their elections. So if the
annual election meeting is conducted via video conference, which is virtually,
(16:42):
then a quorum of the board must be physically present
at the physical location where unit owners can attend the
annual meeting. So you know, it's imposing some kind of
quorum requirement of the board members or quorm of the
board to be present at the physical location of the
annual meeting. Yet for condominiums, if you recall Steve, there
(17:06):
is no quorum requirement for condominium annual meetings, or at
least a quorum of the membership. All that is required
for you to conduct an election is to have at
least twenty percent of the voting interest submitted an election ballot.
So this is going to be interesting to see how
this plays out for condo annual elections, all right, this
(17:28):
one This was also an interesting change regarding budget meetings.
So typically the Board of Directors is the body that
adopts budgets for associations. Well, now the statute says that
if the board proposes in any fiscal year an annual
(17:50):
budget which requires assessments against owners which exceed one hundred
and fifteen percent of assessments from the preceding fiscal year.
In other words, if you're adopting a budget this year
that exceeds at least fifteen percent from last year's budget,
the statue now says that the board must simultaneously propose
(18:12):
at the budget meeting before you adopt the annual budget,
a substitute budget that does not include any discretionary expenditures
that are not required to be in the budget. Wow,
So you know, I don't know what they mean by
these discretionary expenditures. I would think that for most budgets
(18:32):
there's little room for discretionary expenditure.
Speaker 3 (18:35):
Yeah, right, Typically they what they meant by that, did they?
Speaker 4 (18:40):
They didn't say what discretion expenditures ought. So when you
in calculating, you know, the one hundred and fifteen percent
increase from last year, the statue does clarify that it excludes,
so you're not going to take into consideration any reserves
that you need for repair or replacement of condominium property.
(19:02):
You're also not going to take into consideration the serves
reserved if you are required to maintain serves, And you're
also not going to consider the insurance premium cost. So
those three expenses you're not going to take into account
when calculating the one hundred and fifteen percent increase. Now,
(19:24):
if your budget is going to exceed, you know, fifteen
percent from last year's budget, owners must then consider and
may adopt the substitute budget if it is approved by
a majority of the voting interests, unless, of course, the
bylaws provide for a higher percentage. So the board presents
(19:46):
the substitute budget and then only if at least a
majority if the voting interest approves a substitute budget, will
it go into effect. If they don't approve that substitute budget,
then the board can go ahead and adopt their original
propose budget.
Speaker 3 (20:01):
Wow.
Speaker 4 (20:01):
Wow exactly And you know, practically speaking, you got to
think of it this way. Boards, the board will adopt
the budget at a board meeting, right, So, if there
are proposing a substitute budget which owners can approve, Remember
owners can only vote at membership meetings. So practically speaking,
(20:23):
that means that, although the statue doesn't say this, from
a practical standpoint, the board's going to have to recess
the board meeting to then allow the membership to have
a membership meeting. And then, depending on the outcome of
that membership meeting, if the members don't adopt that substitute budget,
then the board can go ahead and reconvene their budget
(20:46):
meeting to then adopt the budget. So it's not a
quick one to three. Seems like this will take you know,
several meetings to get the final budget adopted.
Speaker 3 (20:58):
I see a lot of extra work.
Speaker 4 (21:00):
Now, yes, yes, this is going to be an interesting one.
Speaker 3 (21:07):
That hard to have time they're doing the work before.
It's going to be even more now.
Speaker 4 (21:14):
Yeah, I mean, you know, the the budget process is
typically you know, it's it takes time for a board
to prepare budget, right, typically several months, right because you're
going to get you're waiting for that insurance premium estimate
to come in and you know, estimates from all these
other vendors. So you know, it takes months in the planning. Plus,
(21:39):
you know, the fourteen day notice requirement is still an effect,
so conduct Peneminium board members still have to provide fourteen
day notice of that budget meeting as well as the
copy of the proposed budget. So it's very involved. Wow,
all right, there were a number of changes made with
regard to reserves as well as the serves. So let
(22:03):
me just quickly highlight.
Speaker 3 (22:04):
That person, this is gonna be like a dry run
for you, practicing getting ready to all these seminars you're
gonna be doing with your clients.
Speaker 4 (22:14):
Well, yes, and typically this would be a two hour course. Yes, so,
and we're doing this in thirty minutes.
Speaker 3 (22:23):
Yes, I don't know you're gonna do it in two hours?
Speaker 4 (22:27):
Yes, Well, there's there's a lot to cover, so I'm
only scratching the surface here.
Speaker 3 (22:31):
You're doing great, go ahead, all right with reserves.
Speaker 4 (22:34):
So and I'm not talking about serves, although this applies
to serves as well. You know, among the items that
condominiums have to reserve for, the current statute reads for
regular reserves, you had to reserve for building painting, groof replacement, surfacing,
pavement resurfacing, and then any other deferred maintenance expense or
(22:58):
plea replacement costs that exceeded ten thousand dollars. Well, that
ten thousand dollars threshold has now been increased to twenty
five thousand dollars. The same thing applies with the serves.
For serves, you have to prepare a reserve study for
certain items as well as any different maintenance expense or
(23:20):
replacement costs that exceeds now twenty five thousand dollars or
it's either twenty five thousand dollars or the inflation adjusts
the amount determined by the division, whichever is greater. So
the division of kind of minium now has to adjust
that number for inflation every year based on the consumer
(23:43):
price index, which makes sense. I mean that ten thousand
dollars threshold has been in the books for as long
as I've been practicing in this area, which is at
least fifteen years. So finally they've come to their senses
and decided, you know what, maybe that needs an adjustment.
Speaker 3 (24:01):
Okay, so that's good, so.
Speaker 4 (24:03):
Right, so, And in addition, so by February first of
twenty twenty six, and then annually thereafter, the division has
to nap posts on its website the new inflation adjusted numbers. Okay,
to be out on the look for that now. The
(24:27):
statute also clarifies that reserves regular reserves and serves reserves
can be pulled. The statue never expressly address that, now
it specifically says it can be pulled. Just note that
serves reserves can only be pulled with serves reserves and
non seers reserves can only be pulled with non searge
(24:49):
reserves if you're in one of those condominiums that has
to do serves. So the requirement to maintain regular reserves
has not been eliminated. And if if you are maintaining those,
just know you can't pull surge reserves with nonss reserves.
Speaker 3 (25:06):
Kirstan, I just want to remind everybody these are all condominiums, right, correct, Okay,
correct now.
Speaker 4 (25:14):
The Statute seventeen also now clarifies that you don't need
a membership vote if you want to go from street
line accounting tolled pulled reserves. So if you've been maintaining
reserves as separate in a straight line method accounting, so
(25:37):
individual reserves, and you want to pull reserves for two
or more reserve items, you can now do that without
requiring a vote of the owners. And that applies both
for regular reserves as well as SIRS reserves. The statute
also now clarifies that serves reserves. If you're required to
(25:58):
maintain serves reserves, they can now be funded either through
regular assessments, special assessments, a line of credit, or a loan.
But if you are going to either adopt a special
assessment to fund serves or obtain a line of credit
or a loan, you are required to obtain the vote
(26:21):
of the membership, and the vote that you need to
obtain is a vote of the majority of the voting interests,
so majority of your unit owners. The statute also says
that unit owner control associations that are required to have
serves can also now secure a line of credit or
a loan in order to fund any capital expenses. Now,
(26:46):
whether or not you need a vote of the membership
to secure that line of credit or loan to do
the you know, serge repairs, that will depend on your
governing documents. So you're going to have to look at
your governing documents, typically your articles of incorporation and by
laws to see if you need the vote of the owners,
(27:07):
and if you do, you have to get it. And typically,
you know, when you close on a line of credit
or a loan, the bank is going to want you,
the association, to provide some count of letter from your
legal counsel confirming, among other things, that any membership approval
(27:28):
that was required has been has been obtained.
Speaker 3 (27:32):
Hey, Kirsten, w we do this one. Don't we go
to a break. Let you rest your voice. We'll go
to a short break and when we come back, we'll
go over the schedule and then we'll get back into this.
I got to tell you this. There's a lot of
changes here. Oh man, So let's oh wow, uh, let's
(27:53):
go to break. Tell people how they can reach the
main number that's good for any one of the locations.
Speaker 4 (28:02):
Yes. The main number is nine four nine to eight
zero six eight.
Speaker 3 (28:09):
Zero and the website is ABR legal dot com. We're
gonna go to a quick break. We come back. We're
gonna go over your classes coming up, and then we'll
get back into all these new laws that are gonna
be taking it back. We'll be right back with Kirsten Inns.
Speaker 5 (28:40):
Kavender Rembaum is a full service community association law firm
dedicated to the representation of community associations throughout Florida. On
kbr legal dot com, you can learn more about their
offices in Pompino Beach, Palm Beach Gardens, Orlando, Tampa, as
well as throughout Miami Dade by appointment. Several k Benda
(29:01):
Rembaum attorneys are board certified specialists in condominium and plan
development law and assist clients with all matters of community
association legal issues while keeping them up to date on
new developments that affect their associations. K Beenda Rembaum is
also a well known provider of free legal education for
managers and board members. Contact Kbenda Rembaum today by calling
(29:25):
eight hundred nine seven four zero six eight zero. That's
eight hundred nine seven four zero six eight zero to
reach any of their locations. You can also visit them
online at KBR legal dot com or write to them
at info at KBR legal dot com.
Speaker 6 (29:43):
And we are back with the Asdexpert Show on Worcy
Radio and Talk for TV with your hosts Spevo, Sophia
and their expert guests.
Speaker 3 (29:56):
And we are back. Well, we're going over all these
new life laws now that gone into effect. We're here
with the Cave Bender Rimbaum Law Firm, Community Association Firm.
And we're here with the attorney Kirsten Hins, she's in
the Tampa office. Person. Let's talk about some One of
(30:18):
the most I think incredible things that k Bender Rimbaum
does is you have so many free classes. You're always
out there educating your clients. Tell people what you've got
coming up for the end of July and going into August.
Speaker 4 (30:37):
Sure, Steve, So for the remaining a few days in July,
we have I'm actually or actually Alan is teaching a class.
Actually that was today, never mind, he taught a class
a on the on updating the the governing documents. All right,
(30:58):
July July buy thirty first, so that's Thursday. Emily attorney
Emily Gannon and Peter Mullngarden. They're going to be teaching
the Condominium Board Certification class. That's from eleven to three
So those kind of minium board members that have that
(31:19):
are newly elected or even if they've been on the
board in the past and want a refresher course, this
is the class for you. It is four hours. Then
I'm teaching on August sixth a webinar on guest restrictions
and screening of tenants and new owners, so we'll talk
about the authority to approve or disapprove purchasers, tenants as
(31:42):
well as additional occupants. Then on August twentieth, I'm going
to be teaching a new course on HOA financial literacy
and transparency, so we'll talk about This will primarily affect
as government under Chapter seven to twenty of the Florida Statute.
(32:03):
So if you're in a condominium association, probably not the
course for you to attend. It'll be from twelve to
two pm, also a webinar, and this course has been
approved by the Division for continuing education credit. If you
recall HOA board members have continuing education requirements that they
(32:24):
have to fulfill after they've completed their board certification class,
and the number of hours that they need to take
will depend on the size of the community. Well, for
the longest time, for the last year, nobody knew which
type of courses would satisfy these continuing education credit requirements. Well,
(32:46):
the division has now officially approved a lot of our
courses and this is one of those. So this will
apply for continuing education credit. And then on August twenty first,
Attorney Danielle Brennan, we'll be teaching an HOA board member
certification class. And then I just want to also point
out that there will be every year, there's a number
(33:10):
of condominium and HOA expos or trade shows throughout the state.
The ones that we typically attend are the ones in
South Florida, Palm Beach Gardens, Broward County in the Orlando area,
and then here on the West coast in Tampa and Bradenton.
So I just want to point out a few dates.
(33:33):
October seventh, it's going to be the Broward County Trade Show.
October seventeenth, Palm Beach October twenty first is the Tampa
Trade Show at the Tampa Convention Center. And then October
twenty nine, is going to be the trade show at
the Bradenton Area Convention Center. So that's all we got.
Speaker 3 (33:56):
So before we're gonna we're sitting here with discussing the
new laws that have just gone into effect. Which laws?
Tell me your favorite and then your least favorite?
Speaker 4 (34:10):
My favorite and least favorite. Oh jeez, well, I mean
I think I think the the law that now requires
a quorum of the board to be physically present at
the physical location of the annual meeting. I mean, I
think that's just silly. I mean, I I don't even
(34:32):
see the purpose that it will serve other than confuse
the owners. Now, well, do we need a quorum? Do
we not need a quorum? What if a quorum of
the board is not there, can we conduct elections? Remains
to be seen. So I think that that one is
my least favorite, I think at the moment, I think
(34:53):
I think the one that you know speaks most to
me is the one about financial reporting. That it increased
the time frame within which the board get their financial
report prepared and then disseminated to the members.
Speaker 3 (35:07):
So you must have had a lot of complaints about that.
Speaker 4 (35:10):
Yes, yes, unbelievable.
Speaker 3 (35:13):
Okay, we're talking about so many nude laws. How come
they're mostly all condo and not HOA.
Speaker 4 (35:22):
I mean, your guess is as good as mine.
Speaker 3 (35:26):
I mean, it seems like they really just concentrated on
condo associations.
Speaker 4 (35:30):
I think a lot of it was, you know, just
trying to clean up existing language, so you know that
this was the result of that of that effort.
Speaker 3 (35:40):
Curious kind of feedback have you gotten from board members
so far?
Speaker 4 (35:45):
Well, I think at the moment, again this law and
right less than thirty days, I think board members are
just in the process of getting educated and still, you know,
sort of digesting these laws themselves.
Speaker 3 (36:00):
Let's get back into them. I got to tell you,
I don't even care if it takes up the whole show.
I think this is such an important show that we're
doing that people are going to want to come back
and watch the show again and listen to the show
again because you're giving out so much great information that
(36:20):
probably people and you're explaining it too, and that makes
a difference too. So let's continue on. You're doing great.
Speaker 4 (36:29):
I have a few others I want to highlight because
I think that could add some additional relief to kind
of minium associations. That are subject to the milestone and
the search requirement. So one of the changes actually allows
associations to temporarily suspend contributions towards your sers. So what
(36:51):
the statute says is for a budget adopted on or
before December thirty one of twenty twenty eight, if you're
an association that has completed your milestone inspection, then upon
the approval of a majority of the total voting interests,
the association or the board can temporarily pause for a
(37:12):
period of no more than two consecutive annual budget They
can pause reserve fund contributions or reduce the amount of
reserve funding in order to focus the resources on the
recommended repairs from the milestone inspection. So again would only
apply if you've already done the milestone inspection and if
(37:36):
you get the vote of the owner. So you still
need a membership vote a majority of the voting interests,
and you can only you can only temporarily suspend contributions
towards the serves for no more than two consecutive annual budgets.
So it's not in perpetuity, it is for a limited period. Now,
(38:00):
if you do end up getting this membership vote, and
suspend or you're able to reduce the seers contributions. The
statue does provide that you will need to have a
serves performed before you start contributing towards your serves, So
perhaps not a full surs but perhaps get your SIRS
(38:24):
advisor to review and update the schedule, the reserve schedule
right to take into accounts the the years that you've
suspended the full serves contribution, so that that might that
that that that's you know, potentially a good one for
Kondo Minium associations. Another one is it's it's a change
(38:48):
that will allow associations to delay the actual serves, so
the the preparation of the serves The deadline for preparing
the serves one December thirty first of twenty twenty four,
so everyone was supposed to have their source completed December
of last year. For those that haven't yet done done it,
(39:11):
the deadline was extended to December thirty first of twenty
twenty five. You get you know, the remaining of this
year to get rege completed temporary right now. If the
association has completed the milestone inspection, the association may delay
performing the sers for no more than two consecutive budget
(39:34):
years immediately following the Milestone inspection in order to focus
your financial resources on completing the repairs that were recommended
by Milestone. So again you know this, this, this, this
hopefully you know put ausist. Some associations that a reprieve
a temporary one, right, yeah, temporary and then I think
(39:58):
finally a couple of so a couple of changes I
want to point out with electronic voting. So with electronic voting,
association board of directors can institute electronic voting and many
have and that has been a game changer for associations
that you know are looking to boost owner participation, right,
(40:22):
because the biggest complaint is, you know, owners don't get involved,
owners don't live on site, and so it's hard to
get that owner vote uncertain items. So electronic voting can
facilitate that. Now, the statute used to say that in
order for the board to have that meeting to institute
electronic voting, they needed to provide notice of that meeting
(40:44):
at least fourteen days in advance. So for many that
you know that that was problematic. And so now the
news statute doesn't require that fourteen day notice. So the
board can now have a board meeting with only forty
hour notice in order to institute electronic voting. The statue
also says that if at least twenty five percent of
(41:07):
the voting interests of a condominium petition the board to
adopt a resolution instituting electronic voting for the next scheduled election,
then the board has to hold the meeting within twenty
one days after receiving the petition, but only if the
petition is received within one hundred and eighty days after
(41:29):
the date of the last scheduled annual meeting. So now
we see basically an entitlement for owners to now petition
the board if they haven't already instituted electronic voting. Now
owners can petition the board to institute electronic voting if
they submit this petition within a certain time frame. And
(41:50):
again this is only for electronic voting for your next
scheduled election. Now you asked me, you know what was
my least favorite change? I think this probably makes the
list as well. This has to do with electronic ballots, okay,
(42:10):
and I'll explain this. So if the association has not
adopted electronic voting, so the only way that owners in
the community can vote is the traditional way right through
either a paper ballot in person or via a limited proxy.
If you don't have E voting, the association is now
(42:30):
required to designate an email address to receive what is
known as electronic ballots, and owners can now electronically transmit
a ballot to the email address designated for that particular
purpose without having to comply with rules providing for secrecy
(42:51):
of ballots. So essentially, and this will mostly apply to
voting for election. So if you don't have E voting
and an owner chooses to submit a ballot and forego
you know, secrecy, if you want to waive that, that's fine.
(43:14):
You have the option now to transmit an electronic ballot
to this email address designated by the board. The board
then has to accept that electronic ballot, provided that it
needs certain requirements, such as the ballot has to include
a space for the owner to indicate their unit number,
a space for the owner to type in their first
(43:38):
and last name, which now serves as their signature, and
then the ballot has to contain a disclaimer and the
statue provides that disclaimer has to be in bold phase.
And essentially, say, waiving the secrecy of your ballot is
your choice. You do not have to waive the secrecy
of your ballot in order to vote. By transmitting your
(44:00):
completed ballot through email to the association, you waive the
secrecy of your completed ballot. If you do not wish
to wave your secrecy, but wish to participate in the
vote that is the subject of the ballot, please attend
the in person meeting period.
Speaker 3 (44:16):
I got it. How you crammed two hours into about
fifteen minutes.
Speaker 4 (44:23):
Well I didn't even cover half of the changes, but
at least some of the salient ones.
Speaker 3 (44:32):
Well you get incredible. Let's give everybody that phone number
again and the website address.
Speaker 4 (44:40):
Yes, the main number is ninety five four nine to
eight zero six eight zero. The website is KBR Legal
dot com and I encourage you to get on our website.
Take a look at our upcoming schedules. Well, we will
definitely be rolling out and more official legal update in
(45:02):
the fall. And for credit if you're looking for credit, so.
Speaker 3 (45:07):
Well, Kristen, I'm from Texas and I got to tell
you what you did today. You kick, but you did tremendous.
We can't thank you enough. Person will be back again
with us next month. I bet you'll have some more
laws to go over. But hey, Kirston, thank you, you
did a great job. We'll see you again next month.
Speaker 4 (45:31):
Thanks te bye everyone.
Speaker 3 (45:33):
But that's Kirsten hns Hey bend Rimbaum Law Firm there.
They cover all of Florida. That's going to do it
for us today. We'll be back again with you next
week with more s Yes.
Speaker 2 (45:46):
Thanks for tuning in today to the Ask the Expert
Show on the W four c Y Radio and Talk
for TV, due in next week and every week to
hear more from our experts on personal injury, insurance, air
condition repairs, estate planning, medicare, and many other topics in
the areas of legal, health, financial and home improvement.
Speaker 6 (46:10):
See you next week.
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