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“Supporting Your Staff’s Mental Health in Trying Times,” Community Association Management Insider

The stress experienced by community association managers can pose serious problems for their employers, including reduced productivity and staff levels. “We’ve had managers quit because they were burned out,” says Paul Grucza, director of education and client development at the Seattle-based management company CWD Group, Inc. Are you taking the steps you should to understand […]

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“Sweeping New Association Law Takes Effect in Florida,” Community Association Management Insider

A far-reaching new piece of legislation targeting community associations took effect in Florida on July 1, 2021. “It’s a mixed bag,” says Donna DiMaggio Berger, a shareholder in the Ft. Lauderdale, Fla., office of Becker & Poliakoff. “There’s some good stuff and some not so good stuff.” Good or bad, though, Berger says “there are […]

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“Hold Up: 5 Areas to Negotiate on Elevator Maintenance Contracts,” Community Association Management Insider

Properly operating elevators rank near the top of the most important — and most visible —equipment in a community association. Yet some communities sign standard service contracts without giving the terms much thought. “One of the biggest mistakes across the board with associations is not having a lawyer look over the elevator contracts,” says Jennifer […]

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“Owner’s Pot-Bellied Pig Leads To Unusual Discrimination Lawsuit,” Community Association Management Insider

An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly worded restrictions can backfire. A Pig in a Poke “I’ve seen disputes with atypical pets, […]

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“Is That Contractor Really an Employee?,” Community Association Management Insider

The misclassification of an employee as an independent contractor can prove costly for employers — including both community associations and managers. So it was good news when the Trump administration finalized a rule that loosened the test for determining whether a worker is an employee or an independent contractor. “Under Trump, the idea was to […]

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“Help Your Clients Avoid Stumbling into Fair Housing Problems,” Community Association Management Insider

Community Association Management Insider recently asked several legal practitioners to identify those seemingly innocent practices that could land community associations in court for fair housing violations. David Muller and JoAnn Burnett, members of Becker’s Community Association Team, pointed out that most avoidable disputes were rooted in poor handling of unreasonable accommodation requests, inadvertent familial discrimination, failure to comply […]

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“Short-Term Rental Developments: Profits Not Necessary to Violate Residential Use Covenant,” Community Association Management Insider

Short-term rental arrangements continue to plague community associations, with owners and powerful lobbying groups for companies like Airbnb constantly devising new tactics for avoiding restrictions. “With Airbnb and those platforms becoming such a huge percentage of rentals,” says Jennifer Horan, a shareholder in the Naples, Fla., office of Becker & Poliakoff, “we’re going to see […]

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“Court Finds Short-Term Rentals Violate Deed Restriction,” Community Association Management Insider

The current economic climate combined with COVID-related migration has many homeowners exploring the revenue generating options of their properties, which can put them at odds with a community association’s mission to cultivate residential harmony and lead to legal proceedings. Becker Shareholder Jennifer Horan strongly advocates for a careful examination of association restrictions before moving forward […]

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“What’s New in Rules and Restrictions,” Community Association Management Insider

Shareholder Jennifer Horan weighs in on amending community association governing documents to include restrictions on the use of surveillance cameras. “The Ring doorbell has been a huge issue because the span [of the captured images] is so far that they can really see everything. Especially in connected homes, where you may share a driveway, people […]

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“Someone is Sick: Now What?,” Community Association Management Insider

What do you do when one of your community association members is diagnosed with the coronavirus (COVID-19)? Becker Shareholder Jennifer Horan reminds board members to exercise caution when considering privacy rights of residents, while also being transparent. “I tell my boards in condo associations that they don’t necessarily have the duty to inform the owners […]

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