Page 26 - Boca ViewPointe - March '23

Page 26, Viewpointe March 2023
Mandatory Reserves For Condominiums And

Cooperatives Three (3) Stories Or Higher Becomes Law

By Peter Sachs, Founding Partner, Sachs Sax Caplan vote to waive or reduce reserves which resulted in many Condominiums, Timeshares and Mobile Homes, which
associations not having the funds to address expensive and regulates condominiums and cooperatives. When asked about
As written about extensively, last year Governor DeSantis necessary repairs when required. two (2) story condominiums, the Division took the position that
signed legislation into law that requires condominiums As new legislation, there are some glitches that have the height of a condominium has no bearing on the requirement
and cooperatives, three (3) stories or higher: (i) to conduct caused confusion for those condominiums and cooperatives of collecting reserves or on its ability to waive reserves.
milestone inspections, (ii) conduct a structural integrity that are less than three stories. Whereas the law is clear that Until such time as the legislature or courts address this
reserve study, and (iii) based upon those studies, to implement effective December 31, 2024, condominiums, and cooperatives issue, there will be confusion and doubt on the applicability
and collect mandatory reserves from each unit owner. These that are three (3) stories or higher must conduct inspections, of the mandatory reserve requirement for condominiums
requirements become effective December 31, 2024. obtain reserve studies, and implement and collect mandatory and cooperatives that are less than three (3) stories. In the
The well-intended purpose of this legislation is to prevent structural reserves, questions have arisen if the mandatory meantime, we recommend associations should, irrespective
another Surfside tragedy by forcing condominiums and structural reserve requirements are applicable to condominiums of the height of their buildings, take the time needed to
cooperatives to collect reserves to address structural issues and cooperatives that are less than three (3) stories, or if said inspect structural and repairs issues as the safety of all
over time as opposed to waiving reserves and delaying the reserves may be waived or reduced by its members. residents is paramount irrespective of the law.
need for collection of funds to address repair problems Attorneys are somewhat divided on this issue. Whereas Last, the above statutory inspection and reserve requirements
in a timely manner. While Florida’s Condominium and some attorneys view the mandatory reserve requirement are not applicable to homeowner associations. As it pertains
Cooperative Acts always required the Board of Directors to only be applicable to condominiums and cooperatives to the funding of reserves, generally homeowner associations
to calculate reserves, members were allowed by majority that are three stories or higher; other attorneys believe are not required to have reserves unless the members of the
that collection of mandatory reserves is required of all community have voted to create reserve accounts.
You should consult with experienced condominium
Vehicle Information condominiums and cooperatives associations, irrespective counsel in addressing inspection and mandatory reserve
of height. The latter position is shared by the Department of
Business and Professional Regulation, Division of Florida requirements. 
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 

How To Add Your Servicing PETS of Boca Raton
for over 20 years
“Caring is our Specialty”
Guests To The Gate Complete medical, Surgical and Dental

Facility SPA Bath & Grooming
By Yvonne Rivera, BPCA Administrative Assistant

The Boca Pointe Community Association offers a
few different methods to add guests to your visitors
list, so please ensure that you add your guest BEFORE
they arrive. If your guest is not on the list, they may
be denied without a phone call being placed to get
your approval. Phone calls are placed as a courtesy
depending on how busy the guard is when they arrive.
To add a guest to your visitor list, you have several options:
• Website- www.gateaccess.net
• Cell phone app- Download ABDI/Gate Access from the
app/play store
• Access Control- Call 561-395-3392 or leave a voicemail
message at 561-395-3369
The advantage of using gateaccess.net or the app is the
ability to:
• Add a guest for the day or permanently
• Remove a guest
• Send a pass with barcode
• Receive notification of guest arrival
If you have any questions regarding access methods,
please call the Boca Pointe Community Association 561-
395-7551. 

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