COVID-19: Services and Insights

Welcome to Becker’s resource page on COVID-19. We are updating this information on a daily basis. Given the evolving nature of this medical crisis some of the information in older articles may have changed. All of this information is posted to educate and inform our clients but does not constitute specific legal advice. Please consult your Becker attorney for questions.

The rapidly evolving coronavirus (COVID-19) has created an environment of complexity and uncertainty that no doubt has impacted your business in some way. We are here to help you navigate through this challenging time. The business matters listed below are just some of the potential issues that we can assist you with. For over 47 years, Becker has been and remains committed to serving our clients, our team members, and our communities. Together, we will succeed.

How we can help you:

Business Continuity

Strategies for business continuity and assessing contract rights and risks
Planning for supply chain, production, sales, and development disruptions
Identifying strategic business and financial opportunities in the shifting markets

Litigation

Enforcement or cancellation of contracts where performance is threatened by COVID-19 because of (1) impossibility of performance, (2) frustration of contractual purpose and (3) force majeure contract clauses which excuse performance due to civil emergencies beyond the parties’ control
The effect of delays in performance of contract obligations
Employer and employee obligations and liabilities due to governmental emergency orders and health risks
Analysis of insurance policies to prove coverage and secure recoveries
Advise on governmental moratoriums on judicial remedies

Community Associations

Property access recommendations for guests, contractors, vendors, family, brokers, housekeepers, and others
Interpretation of governmental orders concerning COVID-19 and their applicability to CA operations
Recourse against residents who test positive but who refuse to self-quarantine
Advise boards whose owners withhold assessments due to closure of common elements
Assess whether constructions projects in units and on common elements should be stopped
Pending transactions related to move-ins and move-outs

Construction Law & Litigation

Interpretation of construction documents in light of “force majeure” for delays and disruptions beyond the reasonable contemplation of the parties
Negotiate, draft, and interpret construction contracts and related documents

Corporate

Advise on SEC filing date extensions and relief from Exchange Act compliance
Advise on legal issues as it relates to price gouging practices
Counsel on reductions or changes to the workforce
Analyze contracts for preserving economic rights while facing cancellations

Employment

Employer and employee obligations and liabilities due to governmental emergency orders and health risks
Advise on employee self-reporting, testing, and leave policies
Guidance regarding the Families First Coronavirus Response Act

Government Law & Lobbying

Advise on permit and development order extension opportunities
Assistance with accessing supplies needed to address the crisis
Identify programs and grant opportunities to assist businesses and individuals including the Florida Small Business Emergency Bridge Loan Program
Guide clients through the process of accessing funding that has been released for emergency response and economic recovery
Work with Congress and federal agencies to ensure resources necessary to address client needs are included in relief packages

Real Estate

Review loan agreements, purchase and sale agreements, and leases that contain force majeure and/or material adverse change provisions
Provide detailed analysis as to whether agreement clauses are triggered
Analyze existing debt service obligations for potential default
Assess upcoming debt maturities
Consider effect of potential working capital and workforce disruptions
Advise on moratoriums on eviction and foreclosure proceedings

Insights

A Message from Our Managing Shareholder, Gary C. Rosen

Dear Clients and Friends: With the federal government issuing a state of emergency due to the novel coronavirus (COVID-19) and the World Health Organization…

Community Association

Small Business Disaster Resources and COVID-19

Becker and the Greater Hollywood Chamber of Commerce presented an interactive live webinar on Small Business Disaster Resources and COVID-19….

Watch the video here.

“Opinion: Condo Associations Must Set Clear Coronavirus Rules – and Enforce Them,” Miami Herald

Over the past month Florida officials have been working to revise emergency orders to keep locals safe from the growing COVID-19 pandemic. As closures and quarantines force people…

Association Contracts and the Coronavirus

Despite efforts to contain the spread, the COVID-19 virus is already wreaking havoc on personal life and business dealings here in Florida. But are there legal ramifications…

Combating COVID-19 In Your Community Association

Becker co-hosted a one-hour educational webinar with Castle Group on Combating COVID-19 in Your Community Association. Shareholder Donna DiMaggio Berger, Esq. was joined by…

Watch the video here.

The Impact of COVID-19 on Miami’s Community Associations

What impact is COVID-19 having on Miami’s Community Association’s? Rosa M. de la Camara has an in-depth discussion with Radio Caracol’s Raquel Regalado and Felix Guillermo…..

Watch the video here.

COVID-19: Best Practices for Community Associations Part II

Becker co-hosted a weekly live-streaming webinar with KW Property Management & Consulting on COVID: Best Practices for Community Associations…

Watch the video here.

State and Local Opportunities to Extend Certain Permits in Florida Due to COVID-19 May Be Available to Associations

As discussed in our earlier post March 20, community associations may have access to an extension of opportunities for permits. Although Section 252.363(1)(a)…

COVID-19: Best Practices for Community Associations

Becker in association with KW Property Management & Consulting hosted a live, online panel discussion on “COVID-19 Best Practices for Community Associations.”…

Watch the video here.

View Archive

“Limiting Person-to-Person Contact to Reduce Spread of COVID-19 in HOAs,” HOAresources

With an increased risk of contracting COVID-19, states and communities are taking action to slow its spread from person to person by minimizing close or frequent…

COVID-19 and the American Lung Association: Protection, Risks, and Research

Upgraded to a pandemic by the World Health Organization (WHO), the coronavirus (COVID-19) continues to spread through the U.S. and globally…

COVID-19 Presents Unique Questions for Associations

The World Health Organization has declared the Coronavirus a pandemic. States of emergency have been declared at the federal, state and many local levels….

“Continuity and closures: How Community Associations Are Addressing COVID-19,” Community Association Institute

Ensuring continuity of operations and residents’ safety has become top of mind for community association board members, managers, and business partners as…

Donna DiMaggio Berger Discusses COVID-19 and Community Associations on WIOD with Brian Mudd

Shareholder in Becker’s Community Association Practice, Donna DiMaggio Berger, was featured on WIOD AM 610’s “The Brian Mudd Show” to discuss COVID-19…

COVID-19: Considerations for Community Association Boards Webinar

Watch an indepth webinar about considerations Community Association Boards should take in regards to the COVID-19 epidemic…

Watch the video here.

COVID-19: Technology and Social Distancing

COVID-19 has introduced new challenges to the way we meet and work together in our communities. Many of our daily community association activities include…

Condos, Cruise Ships and COVID-19: Surprising Commonalities

The cruise ship industry has been particularly hard hit by COVID-19’s rapid spread amongst passengers. For those who were unfortunate enough to deal with…

Managing Common Housing Under the Threat of Covid-19

Managers are on the front lines of many challenging issues for private residential communities but managing a pandemic is uncharted territory for most…

How to Minimize Coronavirus Risk in Fla. Residential Communities

With the number of cases of COVID-19 increasing in Florida and Gov. Ron DeSantis declaring a state of emergency, proactive community association…

Community Update – March 2020

With a growing number of confirmed coronavirus (COVID-19) cases throughout Florida and Governor DeSantis having issued a state of emergency, many are wondering what can be done. This month’s edition is…

Construction Law & Litigation

“A new coronavirus threat: sidelined subcontractors,” ConstructionDive

According to panelists in the Associated General Contractors of New York State webinar last week, it’s not just the coronavirus that poses a threat to the construction…

“Construction Companies Lobby to Keep Working as Coronavirus Spreads, “ Wall Street Journal

As state and local governments shut down or grind to a halt with the spread of the coronavirus, the construction industry is pushing to keep projects up and running…

Force Majeure and Coronavirus

Force majeure law in the context of pandemics has never been fully explored in the context of construction contracts and disputes. In the wake of coronavirus and…

“6 Ways the Coronavirus Outbreak Will Affect Construction,” Construction Dive

When it comes to how U.S. contractors should react to the negative effects of the global coronavirus pandemic, Steve Lesser, chair of Becker’s construction…

Corporate

COVID-19 – Small Business Relief from the Payroll Protection Program

On March 27, in response to the economic strain suffered…

Borrowing from Retirement Accounts and 401(k) Plans During COVID-19 Economic Crisis

If you or your business has been adversely financially impacted by the COVID-19 pandemic and the associated economic downturn being experienced all across the globe…

What Lenders Should CARE About in the New Stimulus Act

The Coronavirus Aid, Relief, and Economic Security Act became law on March 27, 2020. While its main purpose is to fund relief and address the coronavirus pandemic…

COVID-19 | Considerations for Lenders

We understand the global pandemic is affecting lenders in myriad ways, including both in their own businesses as well as their borrowers. Over the past several weeks…

Employment

Families First Coronavirus Response Act

What is the Families First Coronavirus Response Act and how does it affect community associations with employees? Signed into law on March 18, 2020, the Families…

COVID-19: Considerations for Community Associations with Employees

With rapidly evolving COVID-19 developments, we understand that this is a difficult time for community associations. As such, we are taking each day with a wait and…

Government Law & Lobbying

Small Business Disaster Resources and COVID-19

Becker and the Greater Hollywood Chamber of Commerce presented an interactive live webinar on Small Business Disaster Resources and COVID-19….

Watch the video here.

Washington Update: March 27

We are happy to report that President Trump has signed the Phase 3 bill of the federal governments coronavirus pandemic response….

State and Local Opportunities to Extend Certain Permits in Florida Due to COVID-19 May Be Available

As discussed in our earlier post dated March 20, 2020, Section 252.363(1)(a), Florida Statutes, provides that certain qualifying permits and authorizations are…

Overnight Agreement on Phase III Stimulus Reached

Republicans and Democrats reached a hard-won agreement on the Senate‘s $2 trillion worth of fiscal stimulus to shore up an economy crippled by the coronavirus pandemic…

Additional Liquidity Support Announced Yesterday by Treasury

Secretary Mnuchin has approved the establishment of three new facilities under section 13(3) of the Federal Reserve Act to provide liquidity to the financial system and…

Washington Update: March 23

In a major late breaking development, Senate Democrats did not vote for cloture by a 47-47 vote on the third stimulus bill that Senate Republicans had been advancing…

Opportunities to Extend Certain Permits in Florida Due to COVID-19 May Be Available

Section 252.363(1)(a), Florida Statutes, provides that certain qualifying permits and authorizations are eligible for an extension once certain States of…

The Coronavirus Economic Stabilization Act of 2020

Yesterday, Senate Republicans introduced their version of the 3rd coronavirus-focused legislative package, The Coronavirus Economic Stabilization Act of 2020…

Florida Accepting Applications for Small Business Emergency Loans

The Florida Small Business Emergency Bridge Loan program is accepting applications for all Florida counties statewide per Executive Order 20-52 for businesses…

$8.3 Billion Emergency Supplemental Spending Bill Passed in Response to COVID-19

Last week the House passed an $8.3 billion emergency supplemental spending bill in response to the novel coronavirus (COVID-19)…

Litigation

Cybersecurity During COVID-19

By now many of your employees are working remotely. As an employer, this poses an increased risk for a cyber incident to occur. Cyber threat actors are preying on the…

COVID-19 and Community Association “Emergency Powers”

Your association board closed the clubhouse, the pool, the gym and the tennis courts due to the Covid-19 pandemic. But one of your neighbors, who has been diagnosed…

Real Estate

Feeling the Heat: Restaurants and Bars Must Adapt to Ensure Survival

This is an unprecedented time in our country and in the world. The coronavirus (COVID-19) has shut down large swathes of the economy, with its most…

Small Business Disaster Resources and COVID-19

Becker and the Greater Hollywood Chamber of Commerce presented an interactive live webinar on Small Business Disaster Resources and COVID-19….

Watch the video here.

Executive Order: Broward County Realtors

On Monday, March 30, Broward County issued Executive Order 20-04 (effective Tuesday, March 31) to clarify the types of real estate sales and real property title services…

COVID-19 | Considerations for Lenders

We understand the global pandemic is affecting lenders in myriad ways, including both in their own businesses as well as their borrowers. Over the past several weeks…

Coronavirus Disrupts Major Projects

As most of us have adjusted to the new reality brought on by the coronavirus (COVID-19), developers and lenders are forced to look at the resulting economic shut down on…

FAR Coronavirus (COVID 19) Extension Addendum to Contract – Explained

The Florida Association of Realtors (FAR) has recently come out with a new extension Addendum for COVID 19. Below is a summary of the Addendum and how it can be used when…

How COVID-19 Affects Residential Sales or Purchases Under the FAR BAR Contract

It’s still business as usual, albeit remotely, here at Becker and Association Title Services. Our team is diligently working to close each transaction in a timely…

COVID-19: Services and Insights

Insights

A Message from Our Managing Shareholder, Gary C. Rosen

Community Association

Small Business Disaster Resources and COVID-19

“Opinion: Condo Associations Must Set Clear Coronavirus Rules – and Enforce Them,” Miami Herald

Association Contracts and the Coronavirus

Combating COVID-19 In Your Community Association

The Impact of COVID-19 on Miami’s Community Associations

COVID-19: Best Practices for Community Associations Part II

State and Local Opportunities to Extend Certain Permits in Florida Due to COVID-19 May Be Available to Associations

COVID-19: Best Practices for Community Associations

“Limiting Person-to-Person Contact to Reduce Spread of COVID-19 in HOAs,” HOAresources

COVID-19 and the American Lung Association: Protection, Risks, and Research

COVID-19 Presents Unique Questions for Associations

“Continuity and closures: How Community Associations Are Addressing COVID-19,” Community Association Institute

Donna DiMaggio Berger Discusses COVID-19 and Community Associations on WIOD with Brian Mudd

COVID-19: Considerations for Community Association Boards Webinar

COVID-19: Technology and Social Distancing

Condos, Cruise Ships and COVID-19: Surprising Commonalities

Managing Common Housing Under the Threat of Covid-19

How to Minimize Coronavirus Risk in Fla. Residential Communities

Community Update – March 2020

Construction Law & Litigation

“A new coronavirus threat: sidelined subcontractors,” ConstructionDive

“Construction Companies Lobby to Keep Working as Coronavirus Spreads, “ Wall Street Journal

Force Majeure and Coronavirus

“6 Ways the Coronavirus Outbreak Will Affect Construction,” Construction Dive

Corporate

COVID-19 – Small Business Relief from the Payroll Protection Program

Borrowing from Retirement Accounts and 401(k) Plans During COVID-19 Economic Crisis

What Lenders Should CARE About in the New Stimulus Act

COVID-19 | Considerations for Lenders

Employment

Families First Coronavirus Response Act

COVID-19: Considerations for Community Associations with Employees

Government Law & Lobbying

Small Business Disaster Resources and COVID-19

Washington Update: March 27

State and Local Opportunities to Extend Certain Permits in Florida Due to COVID-19 May Be Available

Overnight Agreement on Phase III Stimulus Reached

Additional Liquidity Support Announced Yesterday by Treasury

Washington Update: March 23

Opportunities to Extend Certain Permits in Florida Due to COVID-19 May Be Available

The Coronavirus Economic Stabilization Act of 2020

Florida Accepting Applications for Small Business Emergency Loans

$8.3 Billion Emergency Supplemental Spending Bill Passed in Response to COVID-19

Litigation

Cybersecurity During COVID-19

COVID-19 and Community Association “Emergency Powers”

Real Estate

Feeling the Heat: Restaurants and Bars Must Adapt to Ensure Survival

Small Business Disaster Resources and COVID-19

Executive Order: Broward County Realtors

COVID-19 | Considerations for Lenders

Coronavirus Disrupts Major Projects

FAR Coronavirus (COVID 19) Extension Addendum to Contract – Explained

How COVID-19 Affects Residential Sales or Purchases Under the FAR BAR Contract

Resources

Health and Wellness Resources