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

Posted on by Marie Nganele

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 conversations and foster collaboration. They discuss how providing refreshments at gatherings like board and membership meetings often cultivates a more positive atmosphere.

Many community associations feature amenities such as restaurants, cafes, breakfast bars, and barbecue stations near pools. Even in communities without these services, dining out remains a cherished social activity. Tim and Lara share insights from their experiences in the restaurant industry, discussing how they balance family life with business demands and address post-COVID challenges reshaping the dining scene. From adapting lunch routines to managing increased expenses, they delve into the strategies that keep their restaurant thriving. Whether you’re a culinary enthusiast or a business professional, this episode promises a hearty dose of inspiration for your next community or corporate gathering.

Conversation highlights include:

  • What inspired Tim and Lara to open their first restaurant
  • Challenges in dealing with outside partners and finicky customers
  • Where they draw culinary inspiration
  • Challenges in running a restaurant together as a couple
  • How Covid changed the restaurant industry
  • Yelp and other reviews
  • Strategies for keeping talent
  • Sustainability practices

BONUS: Find out if you have what it takes to open your own restaurant!

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.

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

Posted on by Marie Nganele

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. led by Becker Senior Attorney Lisa Reves, the legal team argued against the development proposal, citing various deficiencies in the application process and failure to comply with municipal ordinances.

The Court ruled that Integra, as the non-record title owner of the property, failed to meet the requirements for the authorized applicant as outlined in the City’s Code of Ordinances. Furthermore, the City’s approval of the variances, including a density variance, was deemed to be in violation of its own regulations, constituting a departure from essential requirements of law.

Ms. Reves, Esq. said, “We are pleased with the Court’s ruling, which affirms our commitment to protecting the interests of our clients and communities. The rarity of a granted writ of certiorari underscores the importance of thorough legal representation in development matters.”

Becker routinely represents our clients before planning and zoning boards. If you are an association or a property owner unsure about a neighboring development, it’s important to consult counsel. For more information about Becker’s services, click here.

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

Posted on by Marie Nganele

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 rules will be enforced in the future? How can the association ensure that it equally applies its rules to everyone? (P.K., via e-mail)

A: The failure of a homeowners’ association to enforce a covenant or rule of the governing documents creates an “affirmative defense” in a lawsuit, often referred to as “selective enforcement.” This defense and a related affirmative defense known as “waiver” are often raised in these cases.

In general, the courts have held that when an association fails to enforce a covenant or rule, other owners observe that and are lulled into the sense that they can do so too. Although an oversimplification, the owner’s reliance on the association’s failure to enforce creates an “estoppel,” which means that it is inequitable to arbitrarily one day decide to start enforcing a covenant or rule.

The usual approach to these situations is to legally “draw a line in the sand.” The board would adopt a resolution “grandfathering” existing violations and giving all owners notice that the covenant or rule will be prospectively enforced.

This approach is based on a 1985 appeals court case called Chattel Shipping and Investment, Inc. v. Brickell Place Condominium Association, Inc., 481 So. 2d 29 (Fla. 3rd DCA 1985). In that case, the governing documents prohibited owners from enclosing their balconies. After approximately half of the units had done so, and due to potential code violations, the association notified all owners that no further enclosures would be permitted.

The company that owned the unit, called Chattel Shipping and Investment, enclosed their balcony. In the lawsuit that followed, the owner raised selective enforcement and related affirmative defenses. In finding for the association, the appeals court ruled that the owner had not been lulled into a false sense of security due to the association’s past laxity since every owner was given notice that any future violations would be pursued by the association, which is exactly what they did.

In your community, the board and its legal counsel need to review what the actual covenant or rule is, whether it is still desirable for the community (and if not, it should be amended out), and determine where the “line in the sand” has been or should be drawn.

Q: Can a board member of our condominium association, which consists of five elected board members, vote for themselves if nominated and seconded for an officer role? If none of the elected members are willing to take on the role of vice president, can an officer simultaneously hold more than one officer role? We are facing a situation where no one wants to be vice president, while our president is open to handling both roles. (P.N., via e-mail)

A: Every director or other person nominated to a board office can vote for themselves. Further, the law does not require a second for officer nominations.

Section 718.112(2)(a)(1) of the Florida Condominium Act provides that a condominium association’s bylaws must outline the form of administration, titles, powers, duties, and manner of selection of the officers. The statute also states that absent of a provision in the bylaws to the contrary, the board shall have a president, secretary, and treasurer, whose duties are as customarily performed by officers of corporations.

An officer may simultaneously hold more than one office in a corporation, as stated in Section 617.0840(4) of the Florida Not For Profit Corporation Act, which applies to the majority of condominium associations. An association’s bylaws may prohibit officers from holding multiple offices. For example, it is common to see bylaws that prohibit the president from serving as the corporate secretary.

It would make little sense for the president to also serve as vice president. The primary purpose of a corporate vice president is to act in the president’s stead in the event of the president’s absence or disability.

Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.

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

Posted on by Marie Nganele

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, situated bordering Woodland Park, entailed the construction of a 16-unit townhome condominium consisting of four buildings on a lot currently occupied by a single-family home. Through cross-examination of the applicant’s own witnesses and the testimony of a Professional Planner retained by the association, Mr. Cabalar argued multiple deficiencies in the developer’s application. These included the failure to certify the municipal boundary line, inadequate useable open space for recreational purposes as mandated by municipal ordinances, and non-compliance with guest parking requirements as required by New Jersey law.

As a result of Becker’s representation, the Planning Board denied the application. This marks the second successful representation by Becker for this client, having previously obtained a denial for the proposed project of a larger apartment complex after several hearings before the City of Paterson Planning Board.

Mr. Cabalar said, “The successful outcome underscores Becker’s commitment to providing strategic legal counsel and advocacy to condominium associations and communities navigating development challenges. Our approach and expertise in navigating these matters consistently yield positive outcomes for our clients. Our client looks forward to a development project being proposed in the future that complies with applicable planning and zoning ordinances.”

Becker routinely represents our clients before planning and zoning boards. If you are an association or a property owner unsure about a neighboring development, it’s important to consult counsel. For more information about Becker’s services, click here.

Becker’s Washington Weekly: Week of April 15

Posted on by Marie Nganele

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 Iranian oil purchases, and terminations of tax-exempt statuses for groups supporting terrorist organizations.

Meanwhile, Senators this week are expected to receive the House-passed articles of impeachment of Homeland Security Secretary Alejandro Mayorkas, thus kicking off the Chamber’s adjudication of the charges.

Senators will also take up judicial nominations and a vote on whether to ban the Biden Administration’s tailpipe emissions rule.

The House and Senate will also hold several committee hearings this week, including the following:

  • The House Appropriations Committee will consider the FY25 budget requests for several Labor and Homeland Security agencies
  • The Senate Finance Committee will examine the Biden Administration’s trade policy agenda
  • The House Foreign Affairs Committee will discuss gang violence in the Western Hemisphere
  • The Senate Banking, Housing, and Urban Affairs Committee will discuss challenges in preserving the U.S. housing stock
  • The House Energy & Commerce Committee will discuss legislative solutions to children’s online safety and data privacy rights

The Administration

President Biden will host two bilateral meetings this week, including with Iraqi Prime Minister Mohammed Shyaa Al-Sudani and Prime Minister Petr Fiala of the Czech Republic.

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

Posted on by Marie Nganele

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.”

Becker welcomed Martinez to its Government Law & Lobbying team this week. She most recently served as Chief of Staff for Senator Tim Scott (R-S.C.) in the 118th Congress and as Senator Scott’s Staff Director for the Senate Committee on Aging in the 117th Congress. Previously, she was a Department of Energy political appointee under both Secretary Rick Perry and Secretary Dan Brouillette as the Chief of Staff for the Office of Economic Impact and Diversity.

Omar Franco, chair of Becker’s Federal Lobbying Practice in Washington, D.C. said, “Neri’s deep bench of experience, long list of accomplishments and results, and diverse community engagement will be a great resource for our clients.”

Ranked in Bloomberg Government’s Top Performing Lobbying Firms Report for 2023, Becker’s Federal Lobbying Team includes Washington, D.C. and state capitol insiders, Capitol Hill veterans, former high-level administration officials and agency experts, and former in-house corporate lobbyists. The team is highly regarded by members of Congress, congressional and committee staff, state legislators, third-party trade and industry organizations, and executive branch personnel as effective advocates for their clients’ interests.

To read the full Law 360 article, please click here. (Subscription required.)

To learn more about Neri, please click here.

For Neri’s official Becker bio, please click here.

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

Posted on by Marie Nganele

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 on these common issues. Despite their prevalence, the solution for both prevention and resolution is often just one registered trademark away!

Donna and Valeria reveal how to safeguard intellectual property for community associations, particularly their names and logos. They explore the intricacies of intellectual property, emphasizing the crucial function trademarks serve in preserving the identity of your association. They also share insights into crafting distinctive branding, with real-life examples, including renowned brands like Nike and Lululemon.

Donna and Valeria discuss the expenses and enforcement associated with trademark registration, providing practical advice for addressing inquiries from the United States Patent and Trademark Office. They highlight how a well-protected trademark can forge a stronger sense of community. Whether you’re a seasoned manager or a newcomer to community associations, this conversation is an essential guide to mastering the landscape of trademarks.

Conversation highlights include:

  • Differences between trademarks, copyrights, and patents
  • Steps and costs involved in the trademarking process for community associations
  • Limitations or restrictions on what can be trademarked
  • Legal implications for community associations if their names or logos are not properly trademarked
  • How community associations can enforce their trademark rights if they discover infringement
  • Alternatives to trademarking

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.

Becker’s Washington Weekly: Week of April 8

Posted on by Marie Nganele

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 week. House lawmakers are also set to take up a reauthorization bill for the foreign intelligence surveillance program, as well as several bills under expedited procedures dealing with wildlife conservation, federal and tribal lands, and workforce development.

Members will also participate in several committee hearings this week, including the following:

  • The House Energy & Commerce Committee will discuss legislative proposals to increase telehealth access
  • The House Judiciary Committee will examine ways to promote IP protections for AI-assisted inventions
  • The Senate Homeland Security and Governmental Affairs Committee will examine ways to improve export controls
  • The Senate Small Business and Entrepreneurship Committee will discuss ways to improve child care for the American

The Administration

President Joe Biden will deliver remarks today on the care economy. Afterward, he’ll welcome Japanese Prime Minister Fumio Kishida to Washington for an official state visit and an inaugural summit with both Japan and the Philippines later in the week.

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

Posted on by Marie Nganele

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 for Senator Tim Scott (R-S.C.) in the 118th Congress and as Senator Scott’s Staff Director for the Senate Committee on Aging in the 117th Congress. Previously, she was a Department of Energy political appointee under both Secretary Rick Perry and Secretary Dan Brouillette as the Chief of Staff for the Office of Economic Impact and Diversity.

Prior, she was the Executive Director of the Republican State Leadership Committee’s Future Majority Project and Hispanic Outreach Director in North Carolina for the Republican National Committee during the 2012 presidential cycle and worked in the government affairs department of the Associated Builders and Contractors.

Omar Franco, chair of Becker’s Federal Lobbying Practice in Washington, D.C. said, “Neri’s deep bench of experience, long list of accomplishments and results and diverse community engagement will be a great resource for our clients.”

Bert Gómez, Becker’s Senior Corporate and Government Relations Director added, “We are excited to grow our busy federal lobbying group with Neri and her extensive senior-level international and domestic political and business network. We know our clients will welcome the expansion of our capabilities and services with Neri on board.”

Neri Martinez stated, “I am thrilled to be joining the collegial, bipartisan federal lobbying team at Becker, where I have known several of the talented government relations consultants for years. It will be great to collaborate and contribute to the continued success of the group and our clients.”

Ms. Martinez has served on the board of directors of RightNow Women PAC, Running Start, and as a member of the Hispanic Lobbyists Association, The Millennial Action Council, Maverick PAC, and The Advisory Board to the Senate Republican Task Force on Hispanic Affairs and Vital Voices Young Leaders Council.

Ms. Martinez received her BBA from Florida International University (FIU) and a Global Master of Arts from the Fletcher School of Law and Diplomacy at Tufts University. She holds a Diversity and Inclusion certificate from Cornell University and an executive certificate from FIU and the Organization of American States on cybersecurity leadership. She is currently pursuing a second Masters of Arts in Defense and Strategic Studies at the U.S. Naval War College and is enrolled in the American Military University’s Graduate Certificate in Strategic Leadership. She is fluent in English, Spanish and French.

Ranked in Bloomberg Government’s Top Performing Lobbying Firms Report for 2023, Becker’s Federal Lobbying Team includes Washington, D.C. and state capitol insiders, Capitol Hill veterans, former high-level administration officials and agency experts, and former in-house corporate lobbyists. The team is highly regarded by members of Congress, congressional and committee staff, state legislators, third-party trade and industry organizations, and executive branch personnel as effective advocates for their clients’ interests.

At its core, the team is diverse and bipartisan, enabling Becker to work successfully on both sides of the aisle. Because of the team’s collective years of experience working on Capitol Hill and inside D.C. and state political circles, they are skilled in identifying strategic opportunities for their clients, particularly with the Appropriations, Commerce, Financial Services, Judiciary, Small Business, Transportation, Veterans Affairs and Ways & Means Committees.

About Becker

Becker, with headquarters in Fort Lauderdale, Fla., is a multi-practice commercial law firm with attorneys, lobbyists and other professionals at offices throughout the East Coast. More information is available at www.beckerlawyers.com.

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

Posted on by Marie Nganele

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 like to know whether it also covers any rule violations or possibly any other disclosures that I should be aware of before selling the unit. (E.L., via e-mail)

A: An estoppel certificate was historically issued by a condominium, cooperative, or homeowners’ association to provide an official statement of outstanding amounts owed to the association for unpaid assessments by a unit or parcel owner up to a certain date. The certificates are primarily used for title insurance purposes, so a title insurer can issue a buyer a “clean title” since a buyer is typically on the hook for unpaid assessments owed by his or her predecessor.

The association is legally bound by the amount in the estoppel certificate and cannot demand additional amounts that contradict the amount stated against third parties who rely on such certificate. A few years ago, the reach of the estoppel certificate was substantially expanded under Florida law.

Section 718.116(8) of the Florida Condominium Act, Section 719.108(6) of the Florida Cooperative Act, and Section 720.30851of the Florida Homeowners’ Association Act all state that an estoppel certificate must include certain information, including but not limited to: the date the certificate was issued; name of the owner(s) of the unit or parcel, as reflected in the association’s records; the designated number and address of the unit; the number of any associated parking or garage spaces, as reflected in the association’s records; the contact information for an attorney if the property is delinquent and the matter has been turned over for collection; the fee charged for preparing and the delivery of the estoppel certificate; the name of the person requesting the certificate; and information about any assessments due. Additionally, the association must include if there are any open violations of the rules and regulations noticed to the unit or parcel owner.

An estoppel certificate has a validity period of 30 days or 35 days if sent by regular mail. If, during this time, new details come to light or an error in the certificate is found, an amended certificate can be issued free of charge. The amended certificate only becomes effective if the unit or parcel sale is still pending and its delivery resets the validity period.

If an association fails to provide an estoppel certificate within ten business days of receiving a valid request, it cannot charge for its preparation and delivery. The cost for creating and providing an estoppel certificate may not exceed $299.00, assuming there are no delinquent fees associated with the unit or parcel at the time of issuance. However, if there are delinquent fees, the association is permitted to add up to $179.00 to the estoppel certificate fee. For expedited requests, where the certificate is delivered within three business days, an extra charge of $119.00 may be applied.

To charge a fee for preparing and delivering the certificate, there must be a formal resolution from the board or provided for in management, accounting, or maintenance contract. The fee is payable at the time the certificate is requested. If a refund becomes necessary, the requester must submit a written refund request within 30 days of the intended closing date for which the certificate was needed, including valid proof that the closing did not take place. Upon receiving and approving the refund request, the fee will be refunded within 30 days.

There are also other disclosure requirements required in connection with the sale of a condominium unit. For example, a buyer has a three-day “cooling off period” after receiving a variety of documentation regarding the condominium, including the governing documents of the association and various financial documents.

Also, under Florida law as established by our Supreme Court in 1985, the seller of residential real estate has a duty to disclose any known facts to a buyer that would have a material impact on the value of the property and which are not known to the buyer and not readily observable.

Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.

“Video Cameras—for Surveillance Purposes Only” – Florida Community Association Journal

Posted on by Marie Nganele

Many associations have installed video surveillance cameras within the community common areas as a means to provide security for their residents. However, good intentions often lead to unanticipated consequences. In fact the use of video cameras may expose an association to liability.

Generally, an association is not a guarantor or insurer of any person’s safety and is not obligated to provide “security” to its residents. However, once an association assumes a duty to provide security, it must do so in a non-negligent manner. This may very well be the case with installing “security cameras.” Florida courts have routinely held that if an association undertakes, or appears to undertake, the duty to provide security for its community, it must also take certain measures to prevent criminal activity from occurring on the premises.

For example, the court in Vazquez v. Lago Grande Homeowners Ass’n, 900 So. 2d 587 (Fla. 3d DCA 2004), ruled that the association had a duty to exercise reasonable care to guard its residents against crime or criminal activity because the association had undertaken the responsibility to provide such security. In this case the association was a gated community with a guardhouse staffed 24 hours a day. The developer marketed the complex on the basis of safety, and the association collected a specific part of its assessments to provide for security. A resident of the association moved into the community because it appeared safe and was gated. The resident had many visitors, including a former neighbor and the neighbor’s children. One day the  former neighbor’s estranged husband came into the community to pick up his children and got into an argument with the resident. Thereafter, the resident instructed the association’s security guards not to let the estranged husband into the community. Despite this, the security guards allowed the estranged husband to enter the community, and he shot the resident, shot and killed his ex-wife, and killed himself. The court found that the association had breached its duty to provide security because it continued to employ the security guards despite knowing that they routinely let unauthorized individuals into the community. Therefore, the association was found liable for the death of a visitor and  injury of a resident.

Thus, associations may wish to be careful not to label the video cameras as “security cameras” and instead let the owners know that the cameras are for surveillance purposes only. As previously mentioned, associations have no duty to provide security, and having “security cameras” will lead owners to believe that the association is providing security.

Regardless of whether the association uses video cameras, it is still liable for criminal conduct that is reasonably foreseeable. In Czerwinski v. Sunrise Point Condominium, 540 So. 2d 199 (Fla. 3rd DCA 1999), the court ruled that a landlord generally has no duty to ensure the safety of its tenants or to protect them from the criminal acts of third persons unless the criminal occurrence is reasonably foreseeable. The court further noted that the landlord’s knowledge of prior crimes, against both persons and property, is relevant to the issue of foreseeability, even if the prior criminal acts are lesser crimes than the one committed against the plaintiff.

Based on these cases, community associations have been held liable in tort for failure to take precautions against criminal activities committed against the owners and residents if those criminal activities are reasonably foreseeable; and in addition they have been held liable when they voluntarily provide security services but fail to provide them in a reasonable manner.

Thus, if the association is inclined to install video cameras, it must do so in a reasonably prudent manner and should make sure the cameras are always being maintained in good condition and repaired as needed.

Another issue with providing cameras in the community is whether or not the cameras record audio. Florida law (Section 934.03, FS) makes it illegal to intentionally intercept, attempt to intercept, or procure any other person to intercept any wire, electronic, or oral communication through the use of a device if one does not have the prior consent of all parties. Therefore, the association’s cameras must be limited to visual images. The process of taking and recording video is perfectly legal, and you do not need to notify the owners or post signs upon the property that the association is taking or recording video. There is no privacy issue as long as the cameras are not directed into a resident’s home or into a bathroom, shower, changing room, or other area where there is a reasonable expectation of privacy. There is no reasonable expectation of privacy for persons who use the common areas or come onto the association’s property (with the exception of bathrooms, showers, units, etc.).

Lastly, a surveillance camera’s video recordings are not part of the association’s official records. The association’s official records are limited to written records, and a video recording is not a written record. As such, video camera recordings are not open for review by the association’s membership. Moreover, an association is not legally obligated to store the recordings for any specific period of time. However, if stored for any amount of time, the association must be sure to preserve the video in case it may be used as evidence in a court proceeding. Video footage should, therefore, be made and stored in a location where it will not be tampered with or duplicated. The footage should be stored in a secure location with access limited to authorized personal. Any footage that is to be kept should be preserved in an original and unaltered version by saving it in a secure manner that is incapable of being edited.

To read the original FLCAJ article, please click here.

Mr. Edwards manages the community association practice in Becker’s Sarasota office and serves as corporate counsel to hundreds of condominium, cooperative, mobile home, and homeowners’ associations located in Sarasota, Manatee, Charlotte, and Highlands Counties. Mr. Edwards is also one of only 190 attorneys statewide who is a board-certified specialist in condominium and planned development law.

In addition to his extensive experience as a community association lawyer, Mr. Edwards has trial and appellate experience in many areas of corporate and civil litigation, construction litigation, covenant enforcement, real estate, and foreclosure law.

For more information email kedwards@beckerlawyers.com, or visit www.beckerlawyers.com.

Becker Named Top-Performing Lobbying Firm by Bloomberg Government for Fifth Year

Posted on by Marie Nganele

Federal lobbying spending topped $4 billion in 2023 and Becker is proud to announce that once again the firm has been named to Bloomberg Government’s list of Top-Performing Lobbying Firms.

Out of the registered lobbying firms that filed Lobbying Disclosure Act reports with the Senate during 2023, Bloomberg Government reviewed the firms that reported revenues of $1 million or more for lobbying, and highlighted those that had an outstanding year based on revenue growth, average revenue per client, short-and long-term customer retention rates, and revenue per registered lobbyist. There were only 381 firms with $1 million or more in 2023 revenue. Becker was listed as the 106th most lucrative Federal Lobbying firm with a reported annual revenue of $4.5 million.

Becker’s Federal Lobbying Team includes Washington, D.C. and state capitol insiders, Capitol Hill veterans, former high-level administration officials and agency experts, and former in-house corporate lobbyists. The team is highly regarded by Members of Congress, congressional and committee staff, state legislators, third-party trade and industry organizations, and executive branch personnel as effective advocates for their clients’ interests.

At its core, the team is diverse and bipartisan, enabling Becker to work successfully on both sides of the aisle. Because of the team’s collective years of experience working on Capitol Hill and inside D.C. and state political circles, they are skilled in identifying strategic opportunities for their clients, particularly with the Appropriations, Commerce, Financial Services, Judiciary, Small Business, Transportation, Veterans Affairs, and Ways & Means Committees.

To learn more about Becker’s Federal Lobbying Team and their insights, please click here.

To view the full Bloomberg Government report, please click here.

A Message From Becker’s Miami Office

Posted on by Marie Nganele

There are several significant changes occurring at both the state and county levels that we want to ensure you are aware of, particularly regarding Community Association Law. Keeping abreast of these developments is crucial for staying compliant and informed when managing a condominium or homeowners’ association. Among these changes are:

1) NEW: MIAMI-DADE COUNTY FEBRUARY 1ST ANNUAL CONDO & HOA REGISTRATION

Chapter 17D of the Miami-Dade County Code (the “Ordinance”), requires condominium and homeowners’ associations to submit a written registration to the Department of Regulatory and Economic Resources. There is an annual obligation to register by February 1 of each year, starting from February 1, 2023. Miami-Dade County will maintain a searchable database containing the registration information and attachments of each condominium and homeowners’ association registered with the County, granting the public access to view registration details. The Ordinance aims to bolster transparency for Miami-Dade County residents interested in understanding more about the operations, financial, and structural status of their condominium or homeowners’ associations. By February 1 of each year, all community associations governing real property within the County must file online a registration.

The following criteria is required of Miami-Dade County condominiums and homeowners’ associations during the registration process by February 1st of each year:

  • The name of the community association, which shall include the name registered with the Florida Division of Corporations in addition to any fictitious names that the community association utilizes.
  • The business address and the legal description of each residence owned, operated, or governed by the community association.
  • The name and contact information of the property manager or other designated agent for the community association.
  • The name and contact information for an emergency contact for the community association (cannot be the same individual identified in subsection (A)(3) above).
  • A list of all officers and directors of the community association with contact information.
  • A link to the community association’s website, if any.
  • An impression of the corporate seal of the community association, if any.
  • A legible copy of the community association’s governing documents and any amendments thereto, including the declaration, articles of incorporation, bylaws, rules, regulations, and resolutions.
  • A list of the community association’s planned capital projects, if any, from the date of registration through Feb. 1 of the following year.
    • NOTE: For capital projects for which a special assessment has been levied, you must provide a project schedule with projected and actual commencement and completion dates, the cost of such improvement and the source of funding. Complete this form.
  • A copy of the community association’s most recent set of compiled, reviewed, or audited financial statements, as applicable. Any monthly association fees, and any applicable current or approved special assessments, must be specifically outlined.
  • A copy of the community association’s most recently adopted annual budget.
  • The location where all building permits for work in common areas shall be posted during construction.
  • All reports issued within the last 10 years on the structural status of each of the properties within the County owned, operated, or governed by the community association, including any required recertification reports, if applicable.
  • A Certificate of Insurance listing all of the community association’s current insurance policies, issuing companies, policy numbers, coverage limits, and effective dates.
  • IMPORTANT:
    • Do not upload any document containing visible:
      • Financial account numbers
      • Social security numbers
      • Driver license numbers
      • Any other information deemed confidential or exempt as defined by Chapter 119, Florida Statutes
  • ALSO IMPORTANT: A community association that does not have one or more of the required items listed above may file a form attesting to this along with the association’s registration application.

NOTE#1: After a community association files its initial registration, the community association must file a renewal registration every 12 months thereafter reflecting any changes to the information and attachments required above.

NOTE #2: Please note a community association may designate a property manager or other agent (for example, an accountant or legal counsel) to fulfill the community association’s obligations under this ordinance.

REGISTER YOUR CONDOMINIUM OR HOMEOWNERS’ ASSOCIATION ONLINE HERE.

2) AMENDED: MIAMI-DADE COUNTY “40 YR RECERTIFICATION” GUIDELINES

There are new county-wide requirements for milestone inspections of condominiums that are three stories and taller.

New 40 Year Recertification Requirements:

  • All buildings built on or before 1982 that have already had an initial recertification inspection through Miami-Dade’s 40-Year program will continue to follow the established schedule.
  • Coastal condominium buildings three stories or taller built between 1983 and 1997 and located within three miles of the coastline must have a recertification inspection by December 31, 2024, and every 10 years thereafter. These buildings are being identified through a GIS mapping project. All other buildings built between 1983 and 1992 must have a recertification inspection by December 31, 2024, and every 10 years thereafter.
  • All condominium buildings that are three stories or taller located within three miles of the coastline built on or after 1998 must have a building recertification inspection when the building age reaches 25 years, and every 10 years thereafter. All other buildings built on or after 1993 must have a recertification inspection when the building age reaches 30 years, and every 10 years thereafter.

3) NEW: ADDITIONAL PROTECTED CLASSES OF FAIR HOUSING BY COUNTY

Under the Fair Housing Act (FHA) in the United States, protected classes are groups of people shielded from discrimination in housing-related activities. While the FHA establishes a predefined list of these categories, local governments have the authority to broaden the scope of protected classes. Recently, several counties have augmented their lists. The effect of which can impact the rule-making power of condominium and homeowners’ associations.

Counties often take the lead in defining and expanding the range of protected classes to mitigate discriminatory practices in housing. These protected classes then become a significant consideration for community associations. Accordingly, it becomes crucial to comprehend which classes are protected in the county where your condominium or homeowners’ association is located. Below is a list of South Florida Counties and their respective protected classes:

Miami-Dade County

The protected classes are as follows: race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, gender identity, gender expression, sexual orientation, actual or perceived status as a victim of domestic violence, dating violence or stalking, and/or source of income.

Broward County

The protected classes are as follows: age, color disability, familial status, gender, identity or expression, lawful source of income, marital status, national origin, political affiliation, pregnancy, race, religion, retaliation, sex, sexual orientation, veteran or service member status, victim of dating violence, domestic violence, and stalking or human trafficking.

Palm Beach County

The protected classes are as follows: race, sex, color, religion, national origin, disability, familial status, sexual orientation, age, marital status, and gender identity or expression.

Monroe County

The protected classes are as follows: race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status, and age.

Collier County

The protected classes are as follows: race, color, national origin, religion, sex, familial status, and disability.

Lee County

The protected classes are as follows: race, color, religion, sex, familial status, national origin, disability ancestry, pregnancy, age, place of birth, and marital status.

Hendry County

The protected classes are as follows: race, color, national origin, religion, sex, familial status or handicap.

Martin County

The protected classes are as follows: race, color, religion, sex, national origin, age, disability, or familial status.

4) NEW: CONDO 3.0 BILL (HB 1021) ON CAM RESPONSIBILITIES & LIABILITIES

Condo 3.0 or “HB 1021” deals with many topics concerning Florida Condominium Law–among them, the responsibility of Community Association Managers (“CAMs”). This bill has yet to be signed into law by Florida’s Governor. Once signed into law, HB1021 is set to become effective on July 1, 2024.

House Bill 1021 carries significant implications that Community Association Managers (CAMs) and Condominium Boards need to be mindful of. Concerning management practices, the proposed legislation seeks to rectify access to management-maintained records, proactively address management conflicts of interest, and tackle issues like kickbacks, crimes, and potential penalties faced by CAMs and management firms. While the bill may not pass in its current form, it’s expected that certain provisions within it will eventually be enacted into law.

  1. TURN OVER OF RECORDS
    • A CAM or community association management firm shall return all condominium official records within their possession to the condominium within 20 business days after termination of a contractual agreement to provide management services or receipt of a written request for return of the official records, whichever occurs first.
    • A notice of termination of a contractual agreement to provide community association management services must be sent by certified mail, return receipt requested, or in the manner required under such contractual agreement.
    • The CAM or community association management firm may retain, for up to 20 business days, those records necessary to complete an ending financial statement or report.
    • If an association fails to provide access to or retention of the accounting records to prepare an ending financial statement or report, the CAM or community association management firm is relieved from any further responsibility or liability relating to the preparation of such ending financial statement or report.
    • Failure of a CAM or a community association management firm to timely return all of the official records within its possession to the community association creates a rebuttable presumption that the CAM or community association management firm willfully failed to comply with Fla. Stat. 468.4334(1)(3).
    • A CAM or a community association management firm that fails to timely return community association records is subject to suspension of its license under Fla. Stat. 468.436 and a civil penalty of $1,000 per day for up to 10 business days, assessed beginning on the 21st business day after termination of a contractual agreement or receipt of written request to turn over record, whichever occurs first.
  2. CONFLICTS OF INTEREST
    • A CAM or a community association management firm must disclose to the board of a community association any activity that may reasonably be construed to be a conflict of interest.
    • A rebuttable presumption of a conflict of interest exists if any of the following occurs without prior notice: (a) A CAM or a community association management firm enters into a contract for goods or services with the association. (b) A CAM or a community association management firm holds an interest in or receives compensation or anything of value from a corporation, limited liability corporation, partnership, limited liability partnership, or other business entity that conducts business with the association or proposes to enter into a contract or other transaction with the association.
    • If the association receives and considers a bid that exceeds $2,500 to provide a good or service, other than community association management services, from a CAM or a community association management firm, the association must solicit multiple bids from other third-party providers of such goods or services.
    • If a CAM or a community association management firm proposes to engage in an activity that is a conflict of interest as described in Fla. Stat. 468.4335, the proposed activity must be listed on, and all contracts and transactional documents related to the proposed activity must be attached to, the meeting agenda of the next board of administration meeting. The disclosures of a possible conflict of interest must be entered into the written minutes of the meeting. Approval of the contract, including a management contract between the community association and the CAM or community association management firm, or other transaction requires an affirmative vote of two-thirds of all directors present. At the next regular or special meeting of the members, the existence of the conflict of interest and the contract or other transaction must be disclosed to the members.
    • If a CAM or community association management firm has previously disclosed a conflict of interest in an existing management contract entered into between the board of directors and the CAM or community association management firm, the conflict of interest does not need to be additionally noticed and voted on during the term of such management contract, but, upon renewal, must be noticed and voted on in accordance with Fla. Stat. 468.4335.
    • If the board finds that a CAM or a community association management firm has violated this section, the association may cancel its community association management contract with the CAM or the community association management firm. If the contract is canceled, the association is liable only for the reasonable value of the management services provided up to the time of cancellation and is not liable for any termination fees, liquidated damages, or other form of penalty for such cancellation.
    • If an association enters into a contract with a CAM or a community association management firm and such activity has not been properly disclosed as a conflict of interest or potential conflict of interest as required by Fla. Stat. 468.335, the contract is voidable and terminates upon the association filing a written notice terminating the contract with its board of directors which contains the consent of at least 20 percent of the voting interests of the association.
  3. KICKBACKS & CONDOMINIUM CAM CRIMES
    • “Kickback” means anything or service of value, for which consideration has not been provided, for an officer’s, director’s, or manager’s own benefit or that of his or her immediate family, from any person providing or proposing to provide goods or services to the association.
    • Any . . . manager who knowingly so solicits, offers to accept, or accepts a anything or service of value or kickback commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, is subject to a civil penalty pursuant to s. 718.501(1)(e), and must be removed from office and a vacancy declared.
    • A CAM who knowingly, willfully, and repeatedly violates subparagraph 1 of 718.111(12)(c)(1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and must be removed from office and a vacancy declared. For purposes of this subparagraph, the term “repeatedly” means two or more violations within a 12-month period.
    • Any person who knowingly or intentionally defaces or destroys accounting records that are required by this chapter to be maintained during the period for which such records are required to be maintained, or who knowingly or intentionally fails to create or maintain accounting records that are required to be created or maintained, with the intent of causing harm to the association or one or more of its members, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, is personally subject to a civil penalty pursuant to s. 718.501(1)(d), and must be removed from office and a vacancy declared.
    • A person who willfully and knowingly refuses to release or otherwise produce association records with the intent to avoid or escape detection, arrest, trial, or punishment for the commission of a crime, or to assist another person with such avoidance or escape, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and must be removed from office and a vacancy declared.

Becker Expands New Jersey Community Association Practice with the Addition of Ronald L. Perl

Posted on by Marie Nganele

April 1, 2024 – Morristown, NJ – Becker, a leading multi-practice commercial law firm with attorneys, lobbyists, and other professionals throughout the United States, proudly welcomes Ronald L. Perl as Counsel in its Community Association Practice. He will be a resident in the firm’s Morristown and Red Bank New Jersey offices.

With more than 30 years of expertise, Mr. Perl concentrates his practice in the areas of community association law, construction law, transactional real estate, eminent domain, and tax appeals. He is also a mediator for construction, real estate, and community association disputes. He represents condominium associations, homeowners associations, cooperatives, and real estate developers.

Prior to joining Becker, Mr. Perl was the chair of Hill Wallack’s Community Association Practice Group in New Jersey and a member of the firm’s Management Committee. He has been active in the community association industry since 1980, assisting associations, governing boards, and their managers in finding practical solutions to difficult problems.

Mr. Perl is nationally recognized for his work in the field of community association law and is renowned for his advocacy and leadership. He is the current Chair of the Community Associations Institute’s Federal Legislative Action Committee, representing CAI members in the U.S. Congress, administrative agencies, and other regulatory bodies. As Past- National President of CAI, he championed the theme of “building community” and advocated for a fresh perspective on the role of community associations. He has been an advocate for the use of Alternative Dispute Resolution in community associations for the past 25 years.

Gary C. Rosen, Becker’s Managing Shareholder, and CEO, said, “Ron’s dedication and experience in the field is unmatched and perfectly aligns with Becker’s commitment to innovation in serving the evolving needs of our community association clients. We look forward to his contributions to our firm and the clients we proudly serve.”

Expressing his enthusiasm, Ron shared, “Becker is widely known as a powerhouse in community association law.  I’m thrilled to join their ranks and excited to collaborate with the firm’s talented and experienced community association attorneys.”

Mr. Perl is the newest addition to Becker’s robust roster of Community Association attorneys in New Jersey. He joins a cohort of well-established attorneys in Becker’s Morristown, Red Bank, and Mount Laurel offices, strengthening a team that is community association-focused and client-driven.

Becker’s Community Association Law Practice Group covers the entire spectrum of legal counseling of condominium, cooperative, timeshares, and homeowners’ associations. In addition, the practice group provides counseling to country clubs, master associations, and owners’ ad hoc committees.

Established over 50 years ago, Becker’s practices have evolved to meet the changing needs of our community association clients and have expansive services which include Construction Law & Litigation, Transitions and Turnover from Developer Control, Real Estate Law, Collections & Foreclosure, Litigation & Covenant Enforcement, Insurance Coverage Disputes, and Disaster Relief and Recovery, among others.

About Becker
Becker, with headquarters in Fort Lauderdale, Fla., is a multi-practice commercial law firm with attorneys, lobbyists, and other professionals at offices throughout the East Coast. More information is available at www.beckerlawyers.com.

Becker Welcomes Donald P. Dufresne as Shareholder in Real Estate and Government Law & Lobbying Practice Areas

Posted on by Marie Nganele

April 1, 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 Donald P. Dufresne as a shareholder in the firm’s Real Estate and Government Law & Lobbying Practice areas. He will be based in the West Palm Beach office.

Mr. Dufresne has more than three decades of experience in advising both domestic and foreign clients on a broad range of real property matters, including acquisition, development, sale, construction, leasing, and financing. He has a particular focus on equine law and matters involving the equestrian industry. He is also a Certified Circuit Court Mediator and has extensive experience in land use, zoning, code enforcement, and other regulatory matters, including real property tax appeals and agricultural tax classifications.

Mr. Dufresne’s clientele is diverse, extending to both domestic and international clients. His portfolio includes assisting American buyers and sellers of real property transactions spanning across the Bahamas and Europe.

Mr. Dufresne is involved in many community, civic, and charitable organizations. He serves on the Board of the Palm Beach County Tourist Development Council and is a Trustee for both the South Florida Fairgrounds and Palm Beach County’s BizPac. He previously served as a member of the Palm Beach County Planning and Zoning Commission, as well as the Palm Beach County Consumer Affairs Hearing Board. He is the former chairman of the Village of Wellington Equestrian Preserve Committee and past president of the Palm Beach County Sports Commission.

Gary C. Rosen, Becker’s Managing Shareholder, and CEO, said, “Don’s extensive legal experience and active engagement within our communities make him an excellent addition to Becker.”

Mr. Dufresne shared, “I look forward to contributing to Becker’s legacy of excellence and working alongside a talented team to continue to serve our client’s needs.”

Real Estate law has been a cornerstone of Becker’s practice since its establishment in 1973. The Firm’s attorneys have been instrumental in shaping local landscapes, representing developers, business owners, and financial institutions across a spectrum of transactions. Becker has also been pivotal in crafting and adapting land use and zoning classifications to support clients’ development projects statewide. Drawing from expertise in real estate, local governmental law, lobbying, and construction law, Becker offers unparalleled counsel for planning, development, and construction endeavors.

About Becker
Becker, with headquarters in Fort Lauderdale, Fla., is a multi-practice commercial law firm with attorneys, lobbyists, and other professionals at offices throughout the East Coast. More information is available at www.beckerlawyers.com.

“Director Disqualifications Are Limited” – News-Press

Posted on by Marie Nganele

Q: It recently came to light that one of our board members has an ongoing dispute with another unit owner, resulting in the unit owner taking out a restraining order against the board member. This is very concerning. Shouldn’t this result in the board member being removed from the board of directors of our association? (C.H., via e-mail)

A: If one of your unit owners were able to obtain a restraining order against a sitting board member, this would certainly be concerning. However, the fact that an order was entered would not in and of itself prove that it is an issue involving the association and in any event, would not be sufficient legal ground to remove a board member from the board of directors of a condominium association.

Generally, board members can only be removed from the board of directors before the end of their term through a recall action by the unit owners. The unit owners can recall sitting board members with or without cause, either through holding a special member meeting for the purposes of recalling a board member or through written recall agreements. Whichever process the unit owners use to obtain the recall of a board member, the recall requires the affirmative approval of a majority of all members in the association.

However, there are certain instances where a board member is automatically removed from the board of directors. The Florida Condominium Act addresses a number of situations where a board member is considered to have either abandoned their office or is removed by operation of law. For example, if a board member becomes 90 days or more delinquent in paying any monetary obligation due to the association, they are deemed to have abandoned their office.

If an officer or director is charged with the felony theft or embezzlement of the association’s funds or property, in that case, they are considered to have been removed from office, creating a vacancy to be filled according to law until either the end of their term or until the charges are resolved.

However, the mere existence of a legal dispute and a board member, whether in the board member’s personal or official capacity, is not a lawful grounds for automatic removal, though it would likely create a conflict of interest requiring that director to abstain from voting regarding certain issues relative to the owner they are in court against.

Q: A question has come up from my homeowners’ association as to who is permitted to be an officer. Recently, following the election of the board of directors at our annual meeting, the board members voted to appoint a non-board member homeowner to be treasurer. This person is a retired accountant and undoubtedly is qualified to be our treasurer. However, there is concern that this person is being asked to serve as an officer of the corporation when they are not a member of the board of directors. Is this permitted? (M.O., via e-mail)

A: Possibly.

Who is eligible to either serve on the board of directors or serve as an officer of the corporation is generally addressed in either the articles of incorporation for the association or the bylaws for the association.

For example, it is not uncommon for documents to state that while the president and vice-president must be members of the board of directors, other officers, including treasurer and secretary, can be non-board members. Other bylaws require all officers to be directors. I have seen some documents stating that none of the officers need to be directors, which is common in the general corporate world.

In situations like this, it is important to ensure the treasurer is covered by all of the association’s insurance policies, including the fidelity bond and directors’ and officers’ liability policies. Officers should also be entitled to indemnification against legal claims in the association’s articles of incorporation or bylaws.

Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.

Does a Condominium Have to Put Insurance in the Annual Budget?

Posted on by Ariel Feldman

I have been asked on a few occasions whether an association has to put insurance in the annual budget or whether it can just wait to determine the amount of the insurance, and specially assess for the same (without a line-item in the annual budget). Insurance costs have doubled, tripled or even quadrupled in the last few years. Many associations question, why put it in the budget when they have no idea what the actual amount will be?

Board Member Code of Conduct

Posted on by Ariel Feldman

The law specifically provides that Board members have a fiduciary relationship with the owners and requires Board members to disclose conflicts of interest. However, the law does not specifically address acceptable (and unacceptable) behaviors for discharging these responsibilities. As such, a Code of Conduct for Board members is a good idea to have so that all Board members have a better understanding of their responsibilities as Board members and the limitations of their office.

Can Emotional Support Animals Be Prohibited in the Pool Area?

Posted on by Ariel Feldman

The issue of emotional support animals in pet-restricted communities is never-ending. Their presence seems to have multiplied by the influx of individuals relocating to Florida.

What was considered a “family pet” in the State of origin, suddenly became an emotional support animal in pet-restricted Florida communities. Understandably, individuals with family pets, now being represented as emotional support animals, want to have the animal with them everywhere on the property, including the pool deck. However, the association’s Board of Directors insists on enforcing the community’s no-pet restrictions to keep the animal off the common elements, especially the pool area, claiming that “the law” does not allow the animal in the pool area. Is the Board correct?

Everything You Need to Know About Concrete Restoration Projects with Alessandra Bianchini, of Carousel Development and Restoration Inc.

Posted on by Marie Nganele

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

At some point, every building will require concrete repairs and restoration. If you’ve ever undertaken a concrete restoration project, you’re aware of the many challenges they entail:  substantial costs, lengthy time delays, irritation over hurricane shutters, windows and doors, uncooperative owners and the potential for incidental damage. Host Donna DiMaggio Berger sheds light on these projects with guest Alessandra Bianchini, Vice President and General Counsel of Carousel Development and Restoration Inc.  Alessandra is the fourth generation of her family to be in the construction industry, and in this episode of Take It To The Board, she does a deep dive into how contractors typically handle these large projects and what your community can expect from start to finish on a concrete restoration.

Their conversation on balcony restoration gets down to brass tacks on every front—from the necessity of removing every last tile to address spalling, to the legal hurdles faced when trying to gain access to units. They also tackle worker safety measures, the importance of expert counsel, and offer advice for associations gearing up for significant inspections. As Donna and Alessandra reveal, it’s not just about finding the right team; it’s about peace of mind. Join them for a conversation that could provide valuable insights for your community’s next major restoration endeavor.

Donna and Alessandra also discuss how increasingly violent weather patterns and climate change can impact the maintenance needs and structural integrity of concrete buildings and also unpack the importance of clear, consistent communication and detailed planning when undertaking concrete repairs in an occupied building. They share best practices for ensuring minimal disruption while keeping association residents in the loop and (mostly) happy during these vital projects.

Conversation highlights include:

  • Best practices for work crews doing concrete repair and restoration in occupied buildings
  • What causes concrete to deteriorate and how long that process typically takes
  • Best practices for re-installing tile or other coverings on balconies, post-concrete restoration
  • The point at which a building is no longer a candidate for restoration
  • Impact of climate change on the structural integrity of buildings
  • Trends and innovations in concrete restoration technology and techniques

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.

Becker Celebrates Women’s History Month: Meet Valeria Angelucci

Posted on by Marie Nganele

In celebration of Women’s History Month, Becker is showcasing the inspiration, philosophies, and expertise of the women attorneys and lobbyists who help elevate our firm and client service. Valeria Angelucci is an attorney in our Ft. Lauderdale office. A native of Italy, she was selected and granted a full scholarship to participate in a Dual Degree Program, resulting in her earning a law degree from Roma Tre University, Italy, and a J.D. from Nova Southeastern University. She uses her unique international background, experience, language skills, and creativity to assist domestic and foreign clients.

Q: Explain your practice area and what you do

A: I am a corporate attorney, and my focus is on mergers and acquisitions, corporate governance, and securities regulation. Basically, I help businesses navigate the legal side of things, starting from entity formation and establishing initial corporate structures, navigating negotiations for acquisitions or fundraising efforts, and – sometimes – ultimately “exiting” and selling the business while making sure they are compliant and make sound decisions.

Q: How did you know you wanted to practice law?

A: I’m not one of those people who had their heart set on practicing law since childhood. In fact, when I was young, I talked about being a doctor (like my dad) or a flight attendant. My parents would say however that I have always been a pretty good negotiator, haha. I did in fact apply to both law school and medical school after high school and passed the entry test for both, but I ended up choosing to go to Roma Tre Law School because I was intrigued by the power of language – and foreign languages – and how those can be used to shape interactions and relationships, and I knew Roma Tre offered several international programs, including the Dual Degree Program that ultimately brought me to the US.

Q: What is a significant achievement or milestone in your career that you’re particularly proud of?

A: I am always very proud of the work we do as a team in our corporate department, and we have several complex transactions we worked on recently (for example we recently closed a cross-border acquisition of a British group by a global food company which meant coordinating a multi-jurisdictional legal team and facing multi-jurisdiction issues) which were very rewarding once closed. I am also very proud of my growth within the Business Law Section of the Florida Bar, where I started as a fellow, worked on several legislative bills and other initiatives of the section, and now serve in leadership positions.

Q: What qualities do you admire about the women in your life?

A: The women in my life have a few things in common which I admire: they are all determined, strong, kind, empathetic, and always believe in lifting others up.

Q: Who is your favorite female historical figure and why?

A: One I have admired since I was very young is Marie Curie. She was a woman and an immigrant, who was passionate, perseverant, and curious, and was able to revolutionize the fields of physics and chemistry, which were all male-dominated fields. She also became the first woman to win a Nobel Prize and the only person to receive Nobel Prizes in two different scientific disciplines.

Q: What obstacles do women still face today?

A: While we have come a long way, women still face a lot of challenges. Gender bias is still alive and well, and women still have unequal opportunities for career advancement. For example, despite the fact women represent the majority of Associates at law firms and a significant portion of the workforce in many other fields, we are still underrepresented in leadership positions.  Also, balancing a career with family and caregiving duties (which still disproportionately fall on women) is particularly challenging, especially when there are still very limited supportive policies.

Q: What is something you would like the next generation of women to know?

A: You are capable, your ideas are worthy, and do not compare yourself to others but recognize diversity and its value. Do not forget what prior generations of women have done to get where we are today and remember that your contributions are essential to continue driving positive change.

Q: What advice would you give your younger self?

A: Take it easy and have fun along the way. Accept that certain things may not work out and some moments may be tough but believe that better things are in store for you. Remember that a setback may not always be a bad thing, and a better opportunity can be coming your way.  Stop underestimating yourself and selling yourself short, you are capable of more than you realize.

“What Do You Mean We Cannot Enforce The Association’s 55-And-Older Provision?” – Florida Community Association Journal

Posted on by Marie Nganele

While the Fair Housing Act (FHA) protects all citizens from discrimination on the basis of race, color, national origin, religion, sex, and disability or familial status (families with children under the age of 18 living with parents or legal guardians, pregnant women, and people trying to get custody of children under 18), there is an exemption under the Housing for Older Persons Act (“HOPA”).

HOPA provides that housing that meets the FHA’s definition of “housing for older persons” is exempt from the law’s familial status requirement, provided that the following requirements are met:

  • It is occupied solely by persons who are 62 years of age or older or
  • It houses at least one person who is 55 years of age or older in at least 80 percent of the occupied units and adheres to a policy that demonstrates an intent to house persons who are 55 years of age or older

In order to qualify for an exemption to the familial status laws, a community must satisfy either 1 or 2 above, not both. The majority of communities that fall within the exemption are 55-or-older communities. In addition to the requirement that at least 80 percent of the units be occupied by a person 55 or older, the community must also publish and adhere to policies and procedures that demonstrate an intent to be a provider of housing for older persons. The community
must also comply with rules established by the Department of Housing and Urban Development (“HUD”) for verification of occupancy, which includes biennial age surveys of occupants.

Although HOPA established a minimum threshold that at least 80 percent of the units be occupied by a person 55 or older, the community may set forth more stringent requirements. Many people misinterpret HOPA and incorrectly believe that once a community reaches 80 percent occupancy of units by a person 55 or older, the community must allow
people below the age of 55 to occupy the remaining 20 percent. While associations generally have the ability to grant “hardship exceptions,” the community is under no obligation to do so. In fact, in most cases, communities should adhere to strict enforcement of the 55-and-older requirement, reserving the 20 percent buffer for situations in which a
55-or-older spouse dies and an underage spouse will continue to occupy the unit, inheritance, or a similar situation. In some cases an association’s governing documents do not permit hardship exceptions at all, or in limited situations, only for children under 18.

Associations are faced with a number of underage family members and friends attempting to occupy units in 55-and-older communities without someone who is 55 years of age or older. Sometimes the units are
vacation or seasonal units that sit vacant most of the year. The owner allows a friend or family member to take up residence despite his/her age. In other cases someone 55 or older purchases the unit and submits an application for occupancy, stating that he/ she will occupy the unit, when in fact the unit is being purchased for an underage family member and the owner has no intention of residing in the unit. Whatever the underlying circumstances might be, the association is faced with enforcing the 55-or-older provision.

Recently we have encountered a number of associations trying to enforce the 55-and-older restriction due to a violation. However, when we inquire if the association has a current survey, many boards are unaware that a formal survey must be conducted every two years in order to maintain the 55-and-older exemption.

The association is required to engage in appropriate age verification procedures designed to ensure that future occupancy complies with the 55-and-over requirements. Verification procedures are found at 24 C.F.R. Section 100.307, and state:

100.307 Verification of occupancy.
(a) In order for a housing facility or community to qualify as housing for persons 55 years of age or older, it must be able to produce, in response to a complaint filed under this title, verification of compliance ‘with §100.305 through reliable surveys and affidavits….

(c) The procedures described in paragraph (b) of this section must provide for regular updates, through surveys or other means, of the initial information supplied by the occupants of the housing facility or community. Such updates must take place at least once every two years. A survey may include information regarding whether any units are occupied by persons described in paragraphs (e)(1), (e)(3), and (e)(4) of §100.305.

(d) Any of the following documents are considered reliable documentation of the age of the occupants of the housing facility or community:

  • (1) Driver’s license
  • (2) Birth certificate
  • (3) Passport
  • (4) Immigration card
  • (5) Military identification
  • (6) Any other state, local, national, or international official documents
    containing a birth date of comparable reliability or
  • (7) A certification in a lease, application, affidavit, or other document signed by any member of the household age 18 or older asserting that at least one person in the unit is 55 years of age or older.

(g) If the occupants of a particular dwelling unit refuse to comply with the age verification procedures, the housing facility or community may, if it has sufficient evidence, consider the unit to be occupied by at least one person 55 years of age or older. Such evidence may include the following:

  • (1) Government records or documents, such as a local household census
  • (2) Prior forms or applications
  • (3) A statement from an individual who has personal knowledge of the age of the occupants. The individual’s statement must set forth the basis for such knowledge and be signed under the penalty of perjury.

(h) Surveys and verification procedures which comply with the requirements of this section shall be admissible in administrative and judicial proceedings for the purpose of verifying occupancy.

(i) A summary of occupancy surveys shall be available for inspection upon reasonable notice and request by any person.

This means that the association is required to verify the accuracy of the information regarding the ages of the occupants in each home by performing a survey or census on a biannual (every two years) basis and require the homeowner submit affidavits verifying the information they provide. The association cannot rely on prior affidavits or documents
within a file without first attempting to obtain a current affidavit. Without this survey in place every two years, the association may likely be unable to enforce its 55-and-older restriction until such time as a proper census is conducted. The failure to timely conduct the survey may lead to people under 55 being able to occupy units within the community and the unenforceability of the restriction. If you have questions concerning the procedures to follow to conduct a proper
survey, you should contact your community association attorney.

To read the original FLCAJ article, please click here.

JoAnn Nesta Burnett concentrates her practice in state and federal appellate practice and procedure, complex commercial and civil litigation including fair housing discrimination, association litigation and general business litigation. Ms. Burnett has represented numerous association clients in defending discrimination complaints based upon alleged fair housing violations before local, county agencies and in State and Federal Court. Ms. Burnett has extensive experience in representing association clients in covenant enforcement cases in arbitration and State Court proceedings. Additionally, Ms. Burnett has experience with collections and foreclosures.

Paul Shur, Martin Cabalar Recognized as 2024 New Jersey Super Lawyers

Posted on by Marie Nganele

Becker proudly announces the recognition of Paul Shur and Martin Cabalar, shareholders in our New Jersey offices, as a Super Lawyer and Rising Star, respectively. The “Super Lawyer” designation acknowledges the top 5% of lawyers in New Jersey, while a “Rising Star” represents the top 2.5% of attorneys under 40 in New Jersey.

Mr. Shur, a shareholder in Becker’s Corporate Practice, specializes in commercial and financial transactions, along with related litigation concerning creditors’ rights. He has been named a “Super Lawyer” annually since 2009 in both New York and New Jersey.

Mr. Cabalar, a shareholder in Becker’s Community Association Practice, has been recognized as a “Rising Star” for Real Estate and Construction Litigation. He serves condominium and homeowner associations, cooperatives, and residential homeowners in general counsel matters and complex commercial litigation, focusing on construction and real estate-related claims. He has received Rising Star recognition every year since 2016.

These honorees were selected through a rigorous process involving nominations, peer-review surveys by practice area, and independent research, reflecting their exceptional professional accomplishments, standing within the legal community, and contributions to society.

Super Lawyers will unveil their list of Florida attorneys in June, while the New York Super Lawyers list is scheduled for release in October.

Becker Celebrates Women’s History Month: Meet Priscilla Bonsu

Posted on by Marie Nganele

In celebration of Women’s History Month, Becker is showcasing the inspiration, philosophies, and expertise of the women attorneys and lobbyists who help elevate our firm and client service. Priscilla Bonsu is an attorney in our New York, NY office. She focuses her practice on corporate, securities, mergers and acquisitions, and a broad range of business transactions—both domestically and globally. An interesting fact: she has made numerous appearances on international news channels, such as BBC.

Q: Explain your practice area and what you do.

A: I practice corporate and securities law. In my practice area, we help businesspeople reach their business goals in a legal manner.

Q: How did you know you wanted to practice law?

A: I have always had an interest in corporate law but initially shied away from it. I started off in international arbitration but got bored very quickly. That’s when I knew to go for it, and I’ve never looked back.

Q: What is a significant achievement or milestone in your career that you’re particularly proud of?

A: Quitting my job in Frankfurt, Germany, moving across the pond on my own, and becoming a (corporate) attorney in New York City against all odds.

Q: What qualities do you admire about the women in your life?

A: The women in my life are very smart, hardworking, resourceful, and great leaders. I respect and admire each and every single one of them for everything they have accomplished in their lives.

Q: Who is your favorite female historical figure and why?

A: There are so many female historical figures that I admire and look up to. Picking a favorite is extremely difficult, close to impossible to be frank. So, I’m picking two historical figures who have sparked my interest over the last few years: Katherine Johnson and Hedy Lamarr. They were both independent thinkers, greatly underestimated during their lifetime, very versatile women, who used their intellect to fight stereotypes and to contribute to society during wartime.

Q: What obstacles do women still face today?

A: Unrealistic, outdated, and unjust expectations (e.g. traditional gender roles, i.e. “mental load” which is the root cause of the gender pay gap, or expectations to look a certain way or to do certain things, particularly at a certain age).

Q: What is something you would like the next generation of women to know?

A: I’d like the next generation of women to know that change is possible and that it is actually happening. However, real change takes time. Be patient and understand that you’re already better off than the women who came before us.

Q: What advice would you give your younger self?

A: I’d urge myself to learn how to block out all the noise early on in life. In other words, find out who you are and decide who you want to be. If you don’t, society will do it for you…

Becker’s Chief Strategy Officer, Vincenzo Mogavero, Named NJBiz Leaders in Law Honoree

Posted on by Marie Nganele

Becker proudly announces that Vincenzo Mogavero, the Firm’s Chief Strategy Officer, has been named an honoree for NJBiz’s 2024 Leaders in Law Award. The Leaders in Law awards program recognizes legal professionals – including lawyers and general counsels – whose dedication to their profession and communities is exceptional. Honorees were selected by a panel of independent judges with extensive experience in the justice system.

You can view the entire list here.

Before assuming the role of Becker’s Chief Strategy Officer, Vincenzo served as the Chief Operating Officer for the Firm’s New York and New Jersey Offices. His practice focuses on business and construction litigation, where he has represented clients in a wide range of civil and criminal cases, mediations, arbitrations, trials, and appeals involving complex contractual disputes. In the realm of construction litigation, Vincenzo has led complex veil piercing analyses, including the analysis that supported Becker’s jury verdict in Grandview I.

A celebration to honor the nominees will take place in May.