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Category: Florida Condo & HOA Law Blog

Top Five Tips When Negotiating a Construction Contract

03.30.2022
Scott KiernanDavid M. Milton

Often even a small proposal for repair work can cause thousands of dollars in unanticipated costs later, which likely could have been avoided by association counsel.  A few changes and/or a short addendum to a contract can be surprisingly affordable and possibly the best fiduciary decision a board can make […]

Areas of Focus: Condo, Co-Op & HOA, Construction Law & Litigation, Design & Construction Contracts

Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement

03.30.2022
Joseph Arena

Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents. Where the terms of a covenant are unambiguous, courts will enforce such restrictions. However, it is not uncommon for an owner who has violated the covenants to scramble for defenses to try […]

Areas of Focus: Condo, Co-Op & HOA, Community Association Litigation & Covenant Enforcement

Community Association Due Process Rights with Respect to Neighboring Developments

03.30.2022
Kathleen “Katie” O. Berkey, AICP

If your community association receives notice about a public hearing to consider or approve a development proposal on adjacent land, does the association or its members have a right to object? Yes, local governments must afford objecting property owners and residents procedural due process, which includes fair notice of the […]

Areas of Focus: Community Association Litigation & Covenant Enforcement, Land Use & Zoning

Community Update – February 2022

03.01.2022
Donna DiMaggio BergerKathleen “Katie” O. Berkey, AICPJames Robert Caves, IIIJay Roberts

Becker’s Take it to the Board with Donna DiMaggio Berger podcast features a variety of guests including our very own attorneys from across the firm’s practice areas and offices. Check out this month’s “Did You Know” section for more information and to tune in to these insightful episodes that delve into everything […]

Areas of Focus: Condo, Co-Op & HOA

Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected?

02.28.2022

The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others. The […]

Areas of Focus: Community Association Litigation & Covenant Enforcement, Condo, Co-Op & HOA