Becker & Poliakoff

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Category: Residential & Commercial Developer Representation – Category

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Elevators & Electric Vehicle Charging Stations with Todd Schwartz, Connections Elevator

Posted on by Laura Benson

For more episodes of Take It To The Board, click here!

If you’re in the elevator business, the effortless and constant up and down momentum means business is good. But for community association boards and residents, elevator safety, maintenance, and even innovation can truly test one’s sanity.

Host Donna DiMaggio Berger challenges featured guest Todd Schwartz (Founder, Connections Elevator) to clarify the inner workings and ultimate impact of American society’s most prolific ‘people mover’ – and then invites him to explain how his interest in creating stability around elevators expanded to streamlining the installation of electric vehicle charging stations in communities around Florida.

Conversation highlights include:

  • Are elevator consultants legitimate?
  • What constitutes a typical elevator modernization project and how it differs from a repair project;
  • How to address an elevator modernization or major repair project in a building with only one elevator;
  • How to estimate ‘down time’ for an elevator modernization or repair project and the #1 thing to keep in mind before its undertaking;
  • The biggest complaint Todd hears about elevator companies in Florida;
  • How community associations can embrace electric vehicles – and their charging stations – while still appreciating how quickly technology evolves and needs to be replaced;
  • How Florida laws are being adjusted to accommodate electric vehicle usage in the states 60K community associations, and so much more.

BONUS: Learn what a Shabbos elevator is from the very person who represented the U.S. in tennis during Israel’s Maccabiah Games.

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app. You can also click here for the full archive.

Alternative Dispute Resolution with Jeffrey Streitfeld, Mediator

Posted on by John Eischeid

For more episodes of Take It To The Board, click here!

When there’s a dispute that can’t be resolved amicably, lawsuits are not the only option. Mediation and arbitration are often used to save both sides considerable amounts of time and money. In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with former Judge Jeffrey Streitfeld, who has worked on legal disputes from nearly all sides. Jeff is currently certified by the Florida Supreme Court as a Circuit Civil Mediator, though he previously served as a trial judge, and was even one of the founding members of Becker back when the firm known as Becker, Poliakoff & Streitfeld. Jeff Streitfeld was known for pushing boundaries and creating new caselaw for community associations in Florida. He was elected to the bench in 1990 and was reelected three times without opposition, serving as a trial court judge for 24 years while presiding over nearly 400 jury trials.  Donna and Jeff discuss how people can find common ground in their disputes without ever stepping foot in a courtroom.

Highlights Include:

  • What are the different types of mediation?
  • What are the basic elements of mediation?
  • Are board members or owners who want to go to court over the “principle” of the matter making a costly mistake?
  • What is the difference between voluntary mediation and court-ordered mediation?
  • What are the challenges when either party shows up for pre-suit mediation without counsel?How does that dynamic change the role of the mediator?
  • When evaluating costs and successful outcomes, what is the difference between mediation and litigation?
  • Is there currently a trend towards informality in courtroom decorum?
  • What can an association board and its counsel do to prepare for mediation to make it most effective?
  • How long do mediations take?
  • Who should attend a mediation on behalf of the association?
  • How does a mediator deal with an uncooperative party?
  • What kind of disputes can a mediator typically resolve?
  • Is there any truth to the charge that “fat cat” and other inconsequential cases clogged the courts in Florida before pre-suit arbitration was mandated?
  • How are association mediations different from other civil matters?
  • If an agreement is reached, how important is it to have it drafted at the mediation, as opposed to just “doing the paperwork later”?
  • Is mediation preferable to arbitration in terms of consistent outcomes?
  • How did mediation become so popular as an alternative to litigation?
  • What is the most important aspect of mediation?
  • Violence against judges is on the rise. How big a threat do threats to the Judiciary pose for our democracy?

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app. You can also click here for the full archive.

Helpful links:

Parliamentary Procedure: How to Keep Your Meetings on Track with Parliamentarian Jim Slaughter

Posted on by John Eischeid

For more episodes of Take It To The Board, click here!

Are Robert’s Rules of Order the best way to keep board and membership meetings on track? What are the other uses for this book, which was first published in February of 1876? In this episode of the Take It To The Board podcast, host Donna DiMaggio Berger speaks with Jim Slaughter, one of the premier experts on parliamentary procedure. Jim is a Certified Teacher of Parliamentary Procedure and a Professional Registered Parliamentarian, as well as past president of CAI’s College of Community Association Lawyers (CCAL), the American College of Parliamentary Lawyers, and the North Carolina Chapter of the Community Associations Institute. He has also authored four books on proper meeting procedures, including Robert’s Rules of Order Fast Track 2022, and Notes and Comments on Robert’s Rules 5th Edition. Jim attended the University of North Carolina Chapel Hill for both his undergraduate degree and his law degree.

Highlights Include:

  •  How does parliamentary procedure assist community associations and HOAs?
  • Who was Henry Martyn Robert, the Robert in Robert’s Rules of Order, and what does it mean to be a parliamentarian?
  • Does following Robert’s Rules of Order really speed up meetings or can it bog meetings down when used by inexperienced people?
  • How can these rules of order and parliamentary procedure keep meetings from getting out of control, especially when it comes to special assessments?
  • When are more formal meeting procedures appropriate?
  • Should boards send out a primer before adopting parliamentary procedure?
  • How would a board’s motion to hire a new general contractor be handled following Robert’s Rules of Order?
  • What are the pitfalls of not having a parliamentary procedure for meetings?
  • What are the most commonly used motions at board and membership meetings?
  • Which motions or procedures are most commonly misunderstood?
  • What does “point of order” really mean?
  • How much leeway does a board member have if a motion is worded improperly? E.g.  “out of order” vs. “not in order?”
  • How important is it for managers and board members to fully understand parliamentary procedure?
  • Now that many meetings are held virtually, how easy is it to use RRO for virtual meetings? What power does the “mute” button have?
  • What’s new in Jim’s latest book, Notes and Comments on Robert’s Rules of Order, Fifth Edition?

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app. You can also click here for the full archive.

Helpful links:

Taxes, Taxes, and . . . Fewer Taxes with Marty Kiar, Broward County Property Appraiser, Part II

Posted on by John Eischeid

For more episodes of Take It To The Board, click here!

In this second of our two-part episode, host Donna DiMaggio Berger and Marty Kiar, Broward County’s Property Appraiser, continue their conversation about how properties in the county are appraised, how those appraisals can change over time and why Marty’s Office is a helpful resource that all of Broward’s two million residents should know about. Marty is a lifelong Broward resident himself, as well as an attorney, and has an extensive career in local politics. Marty has served on the Airport Advisory Board and the Broward County Housing and Finance Authority, and has been Assistant Town Attorney and Assistant Municipal Prosecutor for the town of Davie. He was elected to the Florida House of Representatives in 2006, 2008, and 2010. In 2012, he was elected to the Broward County Commission and served there for two years, and then followed that post with one year as Vice Mayor, and then one year as Mayor of Broward County. In 2016, he was elected to his current position as Broward County Property Appraiser.

Highlights Include:

  • How does the Save Our Home amendment to the Florida Constitution work in terms of keeping property taxes low when the property involved is homestead and transporting those homestead benefits from one residence to another?
  • If a married couple is divorcing, who is entitled to the portability?
  • Are there times when people ask for a higher assessed value of their property?
  • How does the Property Appraiser’s Office handle improvements to real property overall? Do they check to see if Notices of Commencements are recorded, or do they wait for the homeowner to let them know?
  • When units in a multifamily building are combined to make one, larger residence, how is the value of that combined unit assessed?
  • How does the Property Appraiser value new construction? Is the first bite at the apple the biggest?
  • Given the size of Florida’s coastline, how can submerged land leases be acquired and what can be done to prevent leases being granted without the adjacent land owners’ knowledge?
  • Are PACE loan programs tied to real property taxes a good idea?
  • Marty’s Office created the Owner Alert program which is being applauded by similar offices in other states. How does the program prevent title fraud and property theft?
  • What is the most misunderstood part of the Property Appraiser’s role?

Marty’s contact information:

  • Email: martykair@bcpa.net
  • Phone: 954 357 6930
  • Web: www.bcpa.net
  • Office:  115 S. Andrews Ave., Room 111
    Fort Lauderdale, FL 33301

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app. You can also click here for the full archive.

Helpful links:

Taxes, Taxes, and . . . Fewer Taxes with Marty Kiar, Broward County Property Appraiser, Part I

Posted on by John Eischeid

For more episodes of Take It To The Board, click here!

With Trim Notices having just gone out to Broward County property owners, our conversation with Marty Kiar, Broward County’s Property Appraiser, is especially timely. Marty’s Office serves Broward’s two million residents. He is a lifelong resident himself, as well as an attorney, and has an extensive career in local politics. Marty has served on the Airport Advisory Board and the Broward County Housing and Finance Authority, and has been Assistant Town Attorney and Assistant Municipal Prosecutor for the town of Davie. He was elected to the Florida House of Representatives in 2006, 2008, and 2010. In 2012, he was elected to the Broward County Commission and served there for two years, and then followed that post with one year as Vice Mayor, and then one year as Mayor of Broward County. In 2016, he was elected to his current position as Broward County Property Appraiser. He and host Donna DiMaggio Berger take a deep dive into exactly how properties in the county are appraised, how those appraisals can change over time and why Marty’s Office is a helpful resource everyone should know about. This is such an interesting discussion, we’ll have to continue it with the next episode!

Highlights Include:

  • What does the Broward County Property Appraiser’s office do? How does it affect residents’ property taxes?
  • What is the Homestead Exemption and what does someone have to do to qualify?
  • Generally what kind of exemptions from property taxes exist in Florida?
  • What is a TRIM notice, and why is the September 19 deadline to respond so important?
  • The actual tax bills are sent out in November with a sliding scale for discounts. What are those discounts? What happens if someone misses the deadline and payment is delinquent? What options are there for people who can’t pay their taxes?
  • How does Marty’s office determine valuation specifically for condominium and cooperative units? Do the type and variety of amenities associated with a particular community affect the valuation of the units?
  • Do comparative valuations for neighboring properties or units affect the appraisal value?
  • What are the different metrics used for residential vs. commercial properties?
  • How can changes in ownership affect the tax assessment?

Marty’s contact information:

  • Email: martykair@bcpa.net
  • Phone: 954 357 6930
  • Web: www.bcpa.net
  • Office:  115 S. Andrews Ave., Room 111
    Fort Lauderdale, FL 33301

Helpful links:

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app. You can also click here for the full archive.

A Novel Approach: Coaching for Community Association Boards with Carmelo Millimaci, Senior Coach, Ackert Inc.

Posted on by John Eischeid

For more episodes of Take It To The Board, click here!

Could volunteer board members do their jobs more effectively and less stressfully with the solid communication skills a professional coach can impart? In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with Carmelo Millimaci, Professional Certified Coach. He is a member of the International Coaching Federation and a Senior Coach of Ackert Inc., a leader in development coaching. He also founded Attune Coaching and Consulting. They discuss how community association board members could use their professional skills in their volunteer roles, and how a little coaching could go a long way. (The links mentioned in the podcast can be found in the Helpful Links section below.)

Highlights Include:

  • What constitutes coaching?
  • What does it mean to take a coaching approach when trying to resolve conflicts?
  • What is the professional definition of coaching?
  • What are the core coaching competencies?
  • When dealing with a resident violating the rules, how can a board or manager defuse the situation and reach a resolution with that person?
  • How can a history of conflict between two parties create challenges for the coaching process?
  • What is an “inquisitive mindset” and how can that help address conflicts?
  • How can directors with very different views on the community, enforcement, and other issues learn to trust each other?
  • Is it possible to coach the personality type that can’t really accept consequences?
  • How important is it to stress diversity on a board? What does diversity contribute?
  • What questions should new board members ask about their roles and their obligations?
  • Should community associations craft mission statements or vision statements?
  • What are the three levels of listening?
  • How can board members undertake effective planning and goal-setting?
  • How should boards choose the best “mouthpiece” to communicate with residents, vendors, etc.?
  • How can board members and managers conduct interviews with new purchasers and tenants to set the right tone?

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app. You can also click here for the full archive.

Helpful links:

Florida Representative Dan Daley on How We Get the Laws We Get

Posted on by John Eischeid

For more episodes of Take It To The Board, click here!

In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with State Representative Dan Daley, the Florida House or Representatives member for the district which includes portions of Coral Springs, Sunrise, Plantation, and Tamarac. He is the Democratic ranking member of the Redistricting Subcommittee, and he also serves on the Commerce Committee; the Environment, Agriculture and Flooding Subcommittee; Infrastructure and Touring Appropriations Subcommittee, and the Local Administration and Veterans Affairs Subcommittee. Donna and Dan discuss how legislation affects community associations, affordable housing, how community association bills do (and don’t) get passed, and what it means to be a public servant these days.

Highlights Include:

  • How often do constituents living in condominiums and homeowners’ associations contact their legislators? How personal should legislators get with their social media channels?
  • What is the Florida Legislature prepared to do to fix the property insurance crisis?
  • How do boards respond to their residents on fixed incomes who might not be able to afford the increased assessments needed to pay for new safety mandates?
  • Why do legislators lump community association proposals into one large omnibus bill each year? Why not stand-alone bills? What affect does this have on the bills getting passed?
  • What can and should Florida be doing right now about sea level rise and its possible acceleration of structural deterioration?
  • How do Florida legislators balance their part-time work in Tallahassee with full-time jobs? Is a legislative role only possible for certain people with certain careers?
  • Is the legislature as involved with community associations as it once was?
  • Is the issue of building more affordable housing in Florida on the Legislature’s radar?
  • With a limited number of bill slots, how does a legislator decide which bills to sponsor each year?
  • To what extent do community associations need to be on alert for mass shootings? What role will bills like Jaime’s law, which requires background checks on the sale or transfer of ammunition, have?

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app. You can also click here for the full archive.

Helpful links:

Take It To the Board Podcast Hits 6,000 Downloads

Posted on by John Eischeid

Take It To the Board has hit 6,000 downloads! To mark the occasion, we have a video message from Donna, and we’ve included below links to some of most popular episodes. Feel free to take a look to revisit one you liked, or to listen to one that you might have missed. You can also find the full archives here.

Rules & Refereeing: Donna and Becker’s Howard Perl discuss how to establish guidelines when enforcing rules and dealing with violators in a community association.

Building Basics: What does an association do when renovations have gone awry? Donna and Becker’s Patrick Howell swap some anecdotes that could offer some useful advice.

Reserve Funds: They are more important now than ever. Join Donna and Robert Nordlund, Founder & CEO, Association Reserves, as they hash out what the funds are and what they should be used for.

Keeping Cool: Donna talks with Jane Gilbert, the world’s first Chief Heat Officer, about the dangers that extreme heat can pose in urban environments.

Continue reading “Take It To the Board Podcast Hits 6,000 Downloads”

To Lend or Not To Lend with Brewster Cole, First Vice President, Valley National Bank

Posted on by John Eischeid

For more episodes of Take It To the Board, click here!

Florida community associations always need money for maintenance, repair, and capital improvement projects, but especially now with new safety laws in place, and Brewster Cole, First Vice President of Valley National Bank, is “the man with the money.” Brewster has spent 16 years lending money to condominiums, co-ops, HOAs, and country clubs, and has carved an impressive niche for himself and Valley National in this sector of the lending market. He and host Donna DiMaggio Berger discuss the ins and outs, and the ups and downs, of when to lend and to whom.

Highlights include:

  • Florida community associations need hundreds of millions of dollars for immediate repair and maintenance projects. Does the fact that many of them need loans to address deferred maintenance or to cure code violations make them less attractive borrowers?
  • Is it possible that the State of Florida might offer low interest loan programs in the post-Surfside landscape?
  • What does a lender look for when evaluating an association as a prospective borrower? Will the current property insurance crisis in Florida play a role? How about the number of leased units? Do lenders take pending litigation into account?
  • How long does the approval process typically take?
  • Association loans can range from a few hundred thousand dollars to millions. How does a lender determine the limit for a particular association?
  • What types of loans are available for community associations? Other than construction loans for particular projects, what other types of financing options are there?
  • How does a line of credit typically work when the association is taking one for a construction project? How do capital improvement projects and/or milestone inspections affect credit?
  • What is the difference between lines of credit and traditional loans?
  • What type of collateral is required for association loans?
  • How important is it to establish and maintain personal relationships between borrowers and lenders?
  • Once upon a time it was very difficult for cooperative purchasers to obtain financing. What has changed?
  • Will lenders start seeing older coastal buildings as unacceptably risky borrowers?

About Take It to The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app. You can also click here for the full archive.

Helpful links:

Successful Community Association Living Starts With the Purchase Decision with Marisa DiLenge, Founder, DiLenge Real Estate Team (Part II)

Posted on by John Eischeid

For more episodes of Take It To the Board, click here!

Is living in a community association the right fit for everyone? In this second of two installments, host Donna DiMaggio Berger speaks with Marisa DiLenge, founder of the DiLenge Real Estate Team. She has been a licensed real estate consultant since 1992. She is also a member of the National Association of Realtors, a member of the Masters Brokers Forum of Broward County, a member of the Florida Association of Realtors, and a member of the Realtor Association of Greater Fort Lauderdale. They discuss how an experienced and professional realtor is now more important than ever.

Highlights include:

  • Should home renovations be done for the owner’s enjoyment or always with an eye towards resale value?
  • Developers love density, but is a pool on top of a parking structure a good idea?
  • How much due diligence should potential buyers do, particularly when purchasing in older coastal buildings?
  • What can past board minutes tell a potential purchaser about the community he or she is considering?
  • How does one find a well-credentialed realtor?
  • What creates risk when denying an application? Does requiring minimum credit scores really result in a financially healthier community?
  • Are “55 and Over” communities holding their value?
  • Is  there a conflict of interest when a realtor serves on his or her own board of directors?
  • How do environmental factors, such as “cancer clusters,” affect the asking price?
  • Can unauthorized  social media pages for a community association negatively impact property values?
  • Who is getting priced out of the current market?

(Click here for Part I.)

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app.

Helpful links:

Successful Community Association Living Starts With the Purchase Decision with Marisa DiLenge, Founder, DiLenge Real Estate Team (Part I)

Posted on by John Eischeid

For more episodes of Take It To The Board, click here!

Is living in a community association the right fit for everyone? In this first of two installments, host Donna DiMaggio Berger speaks with Marisa DiLenge, founder of the DiLenge Real Estate Team. She has been a licensed real estate consultant since 1992. She is also a member of the National Association of Realtors, a member of the Masters Brokers Forum of Broward County, a member of the Florida Association of Realtors, and a member of the Realtor Association of Greater Fort Lauderdale. They discuss how an experienced and professional realtor is now more important than ever.

Highlights include:

  • How much longer will the seller’s market last?
  • What constitutes a reasonable price point?
  • For the Florida market, where are the buyers coming from these days?
  • Are the challenges and costs associated with maintaining and repairing older coastal buildings going to make these communities unaffordable for a large portion of Florida’s population? Would some owners be better off selling now?
  • Will we see a time in the near future when only the very rich can afford to live on Florida’s coast?
  • Will Florida support affordable housing arrangements similar to New York’s?
  • Will realtors be the ones to tell purchasers that they need to obtain and review safety and financial reports?
  • Where does the money for rising insurance rates come from? Do the association documents allow for certain budget cuts to close the gap?
  • What kind of information can a potential purchaser or tenant reasonably expect to receive from a broker with regard to an association’s rules and restrictions?
  • What role can a realtor play in communicating rules and restrictions to a potential buyer?
  • What kind of due diligence and inspections should purchasers undertake prior to closing?

 

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app.

Helpful links:

Mapping the Terrain of Landscaping for Community Associations with Brian Steele, Director of Operations, East Coast Facilities

Posted on by John Eischeid

For more episodes of Take It To The Board, click here!

Can you imagine getting 99 people to agree on the same sofa? That is similar to the tasks that lie before Brian Steele, Director of Operations at East Coast Facilities. Among other services, the company provides landscaping to residential communities throughout Florida. In this episode of Take It To The Board, host Donna DiMaggio Berger and Brian discuss how landscaping for community associations is an extension of the real estate asset and how emotions can run high when trying to accommodate different tastes. According to Brian, landscaping choices don’t only boil down to what people want to see, but also what plant material is most appropriate for the space and what the association’s budget can accommodate. Brian also discusses his travels and travails, as well as the curious case of the missing avocados.

Highlights include:

  • Why people are so emotional about landscaping choices.
  •  The effectiveness of landscaping committees.
  •  How the recent Florida law that makes it easier for a homeowner to remove a tree that “poses an unacceptable risk” might create confusion about what owners and boards can do when they want to remove a tree.
  •  The kinds of trees and plant materials that pose problems for sidewalks, driveways, homes, and pools due to invasive roots or other growth issues.
  •  What is xeriscaping and why does Florida need a law to protect it?
  •  Is there any such thing as maintenance-free landscaping?
  •  How to mitigate against the deterioration caused by abundant plant material and pools when they are located on top of concrete parking structures.
  •  What an association can typically save when asking for a price on post-storm debris removal in advance.
  •  What is “hatracking” and is it okay?
  •  The possibility of getting insurance coverage to replace damaged plant material.
  •  The legal importance of ensuring that hedges are installed and maintained in accordance with all state and local requirements.
  •  How to get the most “bang for the buck” when it comes to landscaping.

 

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app.

Helpful links:

Assessing Collections with Joy Mattingly, Becker & Poliakoff

Posted on by John Eischeid

For more episodes of Take It To The Board, click here!

In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with Becker Shareholder Joy Mattingly, who oversees Becker’s collection and foreclosure practice. Joy is an experienced litigator who represents all types of associations in collecting the delinquent assessments needed to fund the community’s essential services. She’s a graduate of University of Florida’s Levin School of Law and clerked for Judge Mark E. Polen at Florida’s Fourth District Court of Appeals.

Donna and Joy discuss the mechanics of a successful foreclosure practice, what boards need to know about “creative” debt collection companies, and how collection attorneys cope with such a demanding practice area.

Topics covered include: 

  • How to handle the elderly who have “aged-in” to their home and may not be able to pay rising fees.
  • The importance of establishing collection team roles and managing stress.
  • Typical steps and claims an owner may take in fighting a foreclosure.
  • The likelihood of getting a case resolved before foreclosure.
  • The timeline and steps to finalize an uncontested foreclosure.
  • The role that bankruptcy might play.
  • What a “strategic default” is and how you should deal with it.
  • The role of repayment plans.
  • What associations need to know about collection agencies and “creative” debt collection companies.
  • The biggest mistake association boards make when it comes to collecting delinquent assessments.

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app.

Helpful links:

 

The Smoker’s Dilemma with Dennis Eisinger of Eisinger Law

Posted on by John Eischeid

For more episodes of Take It To the Board, click here!

In this episode of Take It To The Board, host Donna DiMaggio Berger speaks with Dennis J. Eisinger, who founded Eisinger Law in 1996 and serves as the firm’s managing partner. For the past four decades, he has represented all types of community associations throughout Florida, as well as developers, financial institutions, and private equity clubs. He’s Board Certified in Condominium and Planned Development Law by the Florida Bar and is an Adjunct Professor of Law at the University of Florida’s Levin College of Law.

Dennis has also carved out a unique niche in community association law: smoking. He and Donna discuss how to deal with this increasingly restricted behavior in terms of common areas and neighbors.

Highlights Include:

  • Can one treat marijuana smoking differently than cigarettes, pipes, vaping, and e-cigarettes?
  • Should existing smokers be grandfathered in when it comes to an amendment imposing a smoking restriction? If so, how?
  • Smoking can be a very divisive topic in a community, particularly for the people who are impacted by second-hand smoke. What options do residents have to combat second-hand smoke if amending the documents is not an option?
  • Who is the protected class, smokers or those affected by second-hand smoke?
  • Should a board always get involved when two neighbors are arguing over the issue of second-hand smoke or should that intervention be evaluated on a case-by-case basis?
  • What role can legislators play?
  • If an owner does have the ability to bring a lawsuit against a neighbor for excessive second-hand smoke, what would the legal causes of action be?
  • What is the role of one-on-one communication between neighbors?
  • Can the American Lung Association help communities that are looking to become smoke-free.

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app.

Helpful links:

The Current Crisis with Florida’s Real Property Insurance with Andrea Northrup, Vice President of Insurance Office of America (Part 2)

Posted on by John Eischeid

For more episodes of Take It To The Board, click here!

Florida’s current property insurance industry is in crisis, and it’s one that has been years in the making. Private insurers are exiting the state at alarming numbers and Citizens is once again becoming the only option for many community associations.

In Part 2 of this podcast episode, host Donna DiMaggio Berger and Andrea Northrup, Vice President and partner at Insurance Office of America, Florida’s largest privately held insurance agency, discuss the growing  perils and pitfalls of real property insurance for Florida associations and their owners.. (Make sure you click here to listen to part 1 first!)

Highlights for Part 2 include:

  • What is umbrella coverage and is it recommended?
  • Will Self Insurance Funds (SIFs) make a comeback?
  • How much coverage is needed for extreme weather events?
  • What is the difference between “suability” and “liability” when it comes to association employees working directly for the residents?
  • Does an association need insurance for private events held in common areas, such as a clubhouse?
  • Fidelity bonding. What is it and who needs it?
  • Payment and performance bonds. Better to have them when you don’t need them, than to not have them when you do.
  • Why are some associations not pursuing insurance claims?
  • What role does an independent adjuster play?
  • What advantages are there to unit owners having their own interior coverage?
  • What is subrogation?
  • How will this insurance crisis affect Florida’s economy as a whole?
  • How can things turn around? Is there one clear answer?

 

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app.

Helpful links:

The Current Crisis with Florida’s Real Property Insurance with Andrea Northrup, Vice President of Insurance Office of America (Part 1)

Posted on by John Eischeid

For more episodes of Take It To The Board, click here!

Florida’s current property insurance is in crisis, and it’s one that has been years in the making. The pendulum has swung in a direction that is not advantageous for homeowners’ associations, and many may be faced with difficult decisions.

Host Donna DiMaggio Berger and Andrea Northrup, Vice President and partner at Insurance Office of America, Florida’s largest privately held insurance agency, discuss the current perils and pitfalls of real property insurance for condominiums and planned unit developments. Andrea is also a member of the Real Property Insurance Committee and the Condominium and Planned Unit Development Committee of the Real Property, Probate and Trust Law Section of the Florida Bar.

Highlights include:

  • Is Florida’s legislature addressing the crisis?
  • What factors should a board take into account when making a decision about property insurance?
  • What options are left when an insurance carrier becomes insolvent?
  • In terms of insurance, is Florida in a good position, with hurricane season right around the corner
  • How do supply chain issues and labor costs affect the appraisal requirements for necessary placements, such as windows?
  • What insurance benefits are available when only part of a building is damaged?
  • What updates or additions to the building are included in the appraisals? If the insurer is not notified, how does that play out when damage does occur?
  • How do appraisals, maintenance records, mortgage value, and even minutes of board meetings factor into lending? What about the proximity to the ocean?
  • Where do workers comp claims fit into a general liability policy? What’s the difference between “suability” and “liability,” and who pays for the defense?
  • What is additional insurance, and what value does it have?

 

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, YouTube, or listen through any podcast streaming app.

Helpful links:

Challenging the New Development Next Door

Posted on by Michael Boutzoukas
In most county and city governments, the land use process is one that will allow for some basic decisions to be made at staff levels, with higher levels of review in the form of public hearings required for larger scale projects, or proposals that deviate too far from the established standards for a given development.  The public hearings require notice to clearly affected nearby property owners and an opportunity for evidence to be presented by the petitioner, the planning department and defined affected person or groups, so a panel or magistrate can weigh the evidence and make a decision.