Becker & Poliakoff

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Government Issues Scam Alert for Corporate Transparency Act

The U.S. Department of Treasury’s Financial Crimes Enforcement Network, also known as FinCEN, recently issued an alert warning individuals and businesses that scammers are using the Corporate Transparency Act to fraudulently solicit information from individuals and businesses who may be subject to reporting requirements under the Corporate Transparency Act. These fraudulent scams may include: Correspondence requesting […]

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Becker’s Washington Weekly: Week of May 13

The House Stays Open The House of Representatives is still open for business this week after Speaker Mike Johnson (R-LA) easily survived a motion to vacate brought by Rep. Marjorie Taylor Greene (R-GA) last week, thanks to a bipartisan vote to kill the measure. This week, Members return to Washington to pass a long-awaited bill […]

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The Benefits of “Umbrella Organizations” with Brickell Homeowners Association’s President, Ernesto Cuesta

For more episodes of Take It To The Board, click here! When it comes to community associations, joining forces under a voluntary “umbrella organization” often proves more beneficial than going it alone. Members reap the rewards of shared knowledge, vendor connections, advocacy, and educational resources. In this week’s episode of Take It To The Board, […]

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Becker’s Washington Weekly: Week of May 6

To Vacate or Not to Vacate? Congress returns to Washington in what could be House Speaker Mike Johnson’s (R-LA) final week as leader of the Chamber. That’s because Rep. Marjorie Taylor Greene (R-GA) is set to proceed with a motion to vacate this week to strip Speaker Johnson of the gavel over long-standing policy disagreements. […]

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“Understanding the Corporate Transparency Act (CTA) and Its Possible Impact on Community Associations” – Daily Business Review

Becker Shareholder Donna DiMaggio Berger was recently featured in the Daily Business Review. Her commentary article looks at the implications the Corporate Transparency Act has on Community Associations, specifically the potential challenges for volunteer association board members in private residential communities. Donna writes, “The CTA aims to remove the anonymity surrounding shell companies and similar […]

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Community Update – April 2024

In this edition of the Community Update, we address estoppel certificates, video cameras for surveillance, and the pending new laws from the 2024 Florida Legislative Session. We also welcome our newest Shareholder, Allison L. Hertz, and celebrate $120,000 raised for Pancreatic Cancer. Don’t miss our featured podcast episode that discusses crafting and protecting your community’s […]

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What Can Be Done About Solar Panels?

If you are living in a Homeowners Association the Board or the Architectural Review Committee generally cannot prohibit the installation of solar panels (or “solar collectors”). A Florida law, F.S. 163.04, provides that any “deed restriction or declaration” or even any “similar binding agreement” may not prohibit — or have the effect of prohibiting — […]

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What to Do if You Receive a Complaint or Subpoena

If your community association is served with a complaint or subpoena, you must promptly forward it to the community association’s legal counsel. As explained in this article, receipt of a complaint or subpoena triggers time sensitive legal obligations that can expose your community association to serious liability.

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Becker’s Washington Weekly: Week of April 29

Congress Returns from Recess Congress returns to DC from its recess this week after passing a long-awaited foreign aid bill for Ukraine, Israel, and Taiwan, which would also effectively ban the social media app TikTok. House lawmakers return to a packed legislative agenda with 17 bills to be taken up on expedited procedures, including those […]

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Becker Welcomes Allison L. Hertz as Community Association Shareholder

April 26, 2024 – West Palm Beach, FL – Becker, a leading multi-practice commercial law firm with attorneys, lobbyists, and other professionals throughout the United States, is pleased to welcome Allison L. Hertz as a shareholder in the firm’s Community Association practice group. She will be based in the firm’s West Palm Beach office. Ms. […]

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“Roofing Changes Usually Require Member Vote” – News-Press

Q: Our condominium association is thinking about changing roofing materials. Our bylaws say that a majority of the unit owners who participate in a meeting can decide any issue, “unless a specific voting percentage is stipulated in the declaration, these bylaws or law.” Does this mean that a majority of the unit owners can approve […]

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E-Bikes and Batteries

Florida has not escaped the growing epidemic of fires started by lithium-ion batteries, like those used in e-bikes and other battery-operated personal transportation devices. A recent Miami bike shop caught fire after the shop owner left an e-bike battery charging and closed the store for the day. Surveillance cameras caught the moment the battery exploded, […]

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Cooking Up Community Connection with Tim and Lara Boyd of Mustard Seed Bistro

For more episodes of Take It To The Board, click here! Food does more than just tantalize your taste buds—it can also weave communities together and ignite change. In this episode, host Donna DiMaggio Berger is joined by Tim and Lara Boyd from Mustard Seed Bistro in Plantation to explore how simple community cookouts can spark vital […]

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Court Grants Petition for Writ of Certiorari in Favor of Becker Client

In a significant legal victory, Palm Beach County’s Circuit Court granted the petition for writ of certiorari, in favor of Ocean’s Edge at Seawinds Property Owners Association, Inc. (“Seawinds”), represented by Becker. The case centered around the City of Riviera Beach’s conditional approval of an application for five variances submitted by Integra Real Estate, LLC. […]

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“Neighbor Cries ‘Fowl’ Over Chicken Ban” – News-Press

Q: My homeowners association inconsistently enforces its rules. Rules often overlooked include bans regarding permissible animals and owning chickens on the property – none of which have been properly enforced. The association issued a new owner a violation notice, even though other homeowners have been keeping chickens. Does this set a precedent for how these […]

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Becker Successfully Defends Condominium Association in Paterson, New Jersey, Against Nearby Development Proposal

Becker is pleased to announce the successful denial of a Planning Board application on behalf of our client, a 300+ unit condominium association in Paterson, New Jersey. Led by Shareholder Martin Cabalar, Becker presented a compelling case opposing the development of an adjacent property during the City of Paterson Planning Board hearing. The proposed project, […]

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Becker’s Washington Weekly: Week of April 15

Congress Revamps Agenda The House returns to Washington with an entirely new agenda this week in response to Iran’s missile attack on Israel over the weekend. Instead of taking up legislation regarding appliance efficiency standards, lawmakers will shift to a series of financial-themed bills targeting Iran, including prohibitions of certain financial transactions, sanctions of foreign […]

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“Becker Adds Tim Scott’s Chief of Staff as Gov’t Consultant” — Law 360

Becker’s newest Senior Government Relations Consultant, Neri Martinez, recently told Law360 she chose to join Becker, in large part, because of the firm’s reputation of being a trusted source and having transparent leadership. Martinez said, “[Becker’s] corporate culture really inspires loyalty and nurtures growth, and that’s the kind of place where I like to be.” […]

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Crafting and Protecting Your Community’s Trademark with Becker’s Valeria Angelucci

For more episodes of Take It To The Board, click here! Has your association ever faced the challenge of a shadow website or social media page imitating your own? Have you discovered your community’s name being used by a business entity without permission? Host Donna DiMaggio Berger, along with guest Valeria Angelucci from Becker’s Corporate Practice, shed light […]

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Becker’s Washington Weekly: Week of April 8

Congress Returns The House and Senate return to Washington for the first time in two weeks following lawmakers’ Spring recess. Members left just before passing a full FY24 appropriations package, thus closing out a drawn-out government funding battle to avert a shutdown through the end of September. Senators are set to consider judicial nominations this […]

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Becker Expands Federal Lobbying Practice with Neri Martinez in Washington, D.C.

April 8, 2024 – Washington, D.C. — Becker, a multi-practice commercial law firm with attorneys, lobbyists, and other professionals throughout the U.S., is pleased to announce that Neri Martinez has joined the firm as a Senior Government Relations Consultant in the firm’s federal lobbying practice in Washington, D.C. Ms. Martinez most recently served as Chief of Staff […]

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“‘Estoppel Certificates’ and Other Disclosures Explained” – News-Press

Q: I am in the process of selling my condominium unit and recently come across the term “estoppel certificate,” but I’m not quite sure what it means. Could you provide an explanation on exactly what kind of information is included on an estoppel certificate and just how much it typically costs to get one? I’d […]

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