Page 16 - Boca ViewPointe - December '20

Page 16, Viewpointe December 2020
Updating Rental Restrictions For 2021

As the 2020 legislative session ended, many of the bills of occupancy that may not be governed by your current certain rental restrictions to those who either vote in favor
relating to limiting rental restrictions, including vacation lease term restrictions. Amending your documents to of them or to those who purchase or acquire title after
rentals, never made it out of committee. However, as we specifically prohibit vacation rentals, such as Air BNB, those amendments have been recorded. Homeowners
now take a look towards the 2021 legislative session, it is and to also provide that the mere posting of any ads on associations, continue to be able to restrict or otherwise
possible that there will be a renewed effort to push these such websites be deemed a violation of the Association’s prohibit renting by amending the declaration without any
limitations through to become law. Most notably, there governing documents should be considered. such statutory restrictions. However, there appears to be
have been efforts in recent years to prohibit local cities and Similarly, over the years, there has been a push to a growing trend to attempt to make Chapters 718 and 720
counties from restricting vacation rentals, such as Air BNB, amend Chapter 720, Fla. Stat. (“HOA”), to include more identical in certain respects. So HOA’s may want
VRBO, and similar entities. There has also been a push to the same language that is now included in Section to consider amending their documents to address rental
restrict HOAs from being able to limit renting through the 718.110(13), Fla. Stat. (“CONDOMINIUM”), which restrictions before such time as the legislature may act
amendment process. Therefore, it may be a good time to provides that any rental restriction for a condominium to limit a homeowners association’s ability to do so.
review your governing documents and consider several that prohibits renting, changes the number of times a With this in mind, it is always important to do
amendments to better address the rental issues. person can rent in a given period of time, or changes a periodic review of your governing documents to
With regard to vacation rentals, both condominium the minimum or maximum lease terms, will only be determine whether there are any areas that should be
and homeowners associations, to the extent they wish to enforceable as to those people who either vote in favor of addressed through amendments. Leasing and vacation
restrict Air BNB and other similar entities, should look such amendments or to those who purchase or otherwise rental issues are often among the areas legislators target
to amending the declaration to provide specific language acquire title to their units after the recording date of with proposed laws. Associations should consult with
to address this concern. While many associations have such amendments. This language was put into Chapter legal counsel to review their governing documents and to
minimum lease terms in their governing documents, 718, Fla. Stat., many years ago in response to a Supreme determine whether any such amendments are of benefit
there could be an argument that Air BNB, VRBO and Court case that upheld an association’s right to amend to the community.
other transient tenancies are not necessarily considered the documents to prohibit renting. Accordingly, under
“leases” and may be considered licenses or other types current law, condominium associations may only apply Sachs Sax Caplan, P.L., Peter S. Sachs 
Our Forests, Our Life Line

To A Healthy Planet And Species: Part I

By Steve Handwerker constant vigilance and maintenance of them!! In countries climate crisis that does not involve forests. WE MUST GET
such as Peru and Guyana these efforts rely on Indigenous CREATIVE AND VIGILANT. We are developing more
What role do forests and local peoples who are intimately familiar with issues innovation in conservation than ever before. Stay tuned
play in climate mitigation? on the ground. Everything we do must incorporate, from for more information to follow!!
Not an issue we can think the beginning and by design, approaches that benefit local
about enough. An important communities or the work will not be sustainable. Dr. Steven E. Handwerker is a Board Certified Licensed
question to ask: “How can Working with companies and governments to tackle Psychologist in four states (NY, FL, SD, VT) still in practice
we balance protecting nature the largest contributors of deforestation and degradation after 40 years counseling individuals, families and groups
with the development people involve personal efforts to have a voice in these matters worldwide. He is a Supreme Court Family Mediator and
need? A complex question. and promoting incentives to keep forests healthy. Degraded is a member of the Professional and Scientific Board of the
Global reductions in deforestation and forest degradation forests must be restored and the rights and needs of the National Center for Crisis Management a part of Homeland
two practices along with unsustainable land use contribute peoples living in them must be respected and supported. The Security. He has lectured at the American Psychological
approximately a quarter of the world’s CO2 emissions. more forests we lose the harder it becomes to fight climate Association International Conventions for over 20 years
The key to the solution lies in developing infrastructures change. The more the climate changes the more vulnerable sharing his experience to students and colleagues across
responsibly while allowing forests to thrive which means forests are to destructive forces, including neglect and 150 programs. Dr. Handwerker is committed to the
sabotage. More frequent forest fires is one byproduct of protection of our environment and the conservation of
Attention this neglect and sabotage. Forests are major assets in the the precious and limited resources of the ecosystems that
face of climate crisis. There is NO viable solution to the
comprise our living planet, our home. 
Boca Pointe
Residents!

Flatten All Your Boxes!
Our recycling trucks do not pick up your cardboard boxes
if they are not flattened. Instead, they go to trash and are burned
with regular refuse....lost revenue for residents of Boca Pointe. 

Vehicle Information

If you have purchased a new vehicle within the
past 6 months, please make sure the Boca Pointe
Community Association management office has a
copy of your current vehicle registration on file.
Your gate transponder is linked to your vehicle so it
is important that we have accurate information in our
system. Please fax it to (561) 395-5936 or email it to
admin@bocapointe.com.
Thank you for your cooperation!

BPCA Management team 

SUSAN

GABRIELLE
Realtor

Direct: 561-445-4483
sueg.realty@gmail.com
Boca Pointe
resident
for over 30 years

101 Palmetto Road, Boca Raton
http://suegrealty.com