By Steven G. Rappaport, Partner  As many of you may be aware, Section 718.128, Florida Statutes, was created many years ago to provide a mechanism for electronic voting.  Under the old system, the Board of Directors had the authority, upon 14 days written notice mailed to all owners to approve a Board Resolution adopting electronic voting to be used for those who consent to vote electronically within the community.  In the 2025 Legislative session, a number of changes have been made to the electronic voting process, including a new allowance for voting by email ballot.  First, with regard to electronic voting, Section 718.128, Florida Statutes, was amended to no longer require a 14-day notice for the meeting to approve the Board Resolution adopting electronic voting.  Now, the standard 48-hour notice is all that is needed to be posted in order to approve electronic voting.  However, the statute was also amended to provide the owners with an opportunity to petition for electronic voting, if the Board does not pass its own resolution.  Now, the statute allows twenty-five (25%) percent of the owners to petition for the Board to adopt electronic voting, and if the Board receives a petition from this twenty-five (25%) percent of the voting interest, the Board is obligated to adopt electronic voting.    In addition to electronic voting, the statute was also amended to provide for balloting by email, where electronic voting is not adopted by the Association.  In this circumstance, if an Association has not adopted electronic voting, either by Board vote or by membership petition, the Association is now obligated to designate an email address to receive emailed ballots.  The ballot must be provided just like the secret paper absentee ballot, in the second notice of the Annual Meeting, and must contain a place for the owner who is casting the vote to print their name, place their signature and unit identification, in a similar way in which they would otherwise sign the outer envelope, if they were casting a traditional paper vote.  So, in other words, the Association now has either the option to adopt electronic voting or if they have not done so, will be obligated to provide a way for owners to cast their ballot by email.  However, the tradeoff is that where an owner has opted to cast a vote by email, their vote will no...

Mr. Kaskel was voted by his peers as one of the 2022 Florida Legal Elite as a part of the 2022 Florida Super Lawyers list, an honor reserved for those lawyers who exhibit excellence in practice. Only 5% of attorneys in Florida receive this distinction. Learn more about Daniel Kaskel and how to work with him here     

The Legacy of Surfside: 1 Year After Champlain Towers South Collapsed, Attorneys Reflect on Progress “We have to recognize that wakeup call, honor the victims and their families by doing something about it, and make sure that this never happens again."   Read the Article Daily Business Review 

 The South Florida Business Journal takes a look back on the tragedy in Surfside, new condo safety laws, and what has changed.Our own founding partner Peter Sachs was interviewed for this feature.   Read More 

Managing Partner Lou Caplan is interviewed by CBS 12 News on the Surfside tragedy, its impact on South Florida, and the recently passed Condo Safety Law.   Read more  Watch the News Segment

The Daily Business Review has announced its 2022 Legal Awards Honorees and Sachs Sax Caplan Partner Daniel A. Kaskel was among those who received the prestigious award. The Daily Business Review hosts their annual Professional Excellence Awards to recognize distinguished members of the Florida legal community in assorted areas of the law. Mr. Kaskel is being recognized in the Real Estate Transactions Category. Daniel Kaskel is the Chair of the firm’s Real Estate, Corporate, Land Use & Financial Services Group and a member of the Community Associations Practice Group. Mr. Kaskel is among Florida’s handful of double Board Certified attorneys by the Florida Bar, holding certifications in Real Estate Law and Condominium & Planned Development Law. Dan Kaskel practices in the areas of real estate acquisition and development, real estate financing, condominium and homeowner association formation and operation, real estate and commercial lending, retail and office leasing, zoning issues and title insurance matters. He has represented real estate developers and investors in virtually all phases of project financing and development throughout the United States, including bulk acquisition of condominium units, management of distressed properties, development/acquisition/ financing of mixed used communities, shopping centers, residential high rise projects, office parks, assisted living facilities, single family home communities, multi-tiered condominium and townhome communities. He has assisted clients in creating planned unit developments, master property owners associations, and community development districts. He has also represented clients in the structuring and formation of corporate entities and joint venture arrangements. Mr. Kaskel has significant experience in representing borrowers and lenders in connection with commercial loan transactions, including loan work-outs and restructuring. Loans have including construction financing, acquisition and development loans, bridge financing, permanent financing and mezzanine financing. Additionally, he has represented regional and national landlords and tenants in drafting, negotiating and modifying commercial leases throughout the United States. Mr. Kaskel frequently represents out-of-state and foreign purchasers and borrowers in connection with Florida transactions and title insurance matters. Mr. Kaskel has represented national telecommunication carriers, property owners and municipalities in connection with drafting and negotiating telecommunications leases and counseling on zoning matters relating to telecommunication uses. Previously, Mr....