Becker & Poliakoff

FCAP Managers Report

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“Say What?” – FCAP Managers Report

In terminating a third party vendor, a board of directors must be careful in disseminating information concerning the basis for its decision – especially if the decision was due to poor performance or contractual violations by the vendor. In Florida, a cause of action for defamation can be brought against a corporation, including specifically, a […]

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“Is Picking a Good Holiday Wine like Picking a Good Attorney?” – FCAP Managers Report

Is Picking a Good Holiday Wine like Picking a Good Attorney? As we approach the holidays, we often find ourselves in the hunt for a good bottle of wine to give as a gift. Each year the process of selecting a bottle of wine reminds us of challenges of picking a good attorney. How do […]

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“The Dynamics of Difficult People” – FCAP Managers Report

We all encounter difficult people in our lives. This is particularly true for property managers. In dealing with difficult people, and in order to maintain your sanity, finding an effective way of dealing with difficult people is critical. Effectiveness in dealing with difficult people begins with understanding the dynamics of the person and situation. It […]

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“Communication With Your Attorney” – FCAP Managers Report

Most attorneys are adept and accustomed to using a variety of forms of communication with their clients. Most attorneys will also charge for communications with their clients, so clients should consider what is best, not only in the context of cost, but also what is best for providing and receiving legal advice. As an attorney […]

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“Can My Association Board Pass a Rule Regarding That?” – FCAP Managers Report

You attend your association’s monthly board of directors meeting because you notice an item on the agenda that piques your interest. The board of directors is scheduled to consider and pass a rule regarding _________ (you fill in the blank). You ask yourself “Can they do that?” The answer, as it is many times, is […]

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“Emotional Support Animal” – FCAP Managers Report

The following is a paraphrased example of the one question that we are asked most frequently: “I live in a condominium, which has had a “no pet amendment” since it was built.  A person recently purchased a unit and has been seen with a dog that barks all the time.  The owner signed all the […]

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“Construction Deposits, A New Reality to be Managed” – FCAP Managers Report

For many condominium and homeowners’ associations, 2019 will be a year to consider long overdue construction projects.  The 2018 legislature made it clear to condominium associations that if the project resulted in a modification of the common elements, a prior vote of approval by the membership is required.  Also, some projects will require bids per […]

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“Condominium Association Statutory Required Websites – Facts and Myths” – FCAP Managers Report

Section 718.111(12)(g), Florida Statutes, was added to Chapter 718, Florida Statutes in 2017, requiring that by July 1, 2018, an association with 150 or more units which does not manage timeshare units is required to post digital copies of the documents specified in the section on its website, and lists specific documents that are required […]

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“Attempting To Make Sense of FHA’s New Condominium Project Approval and Processing Guidelines” – Community Trends

On June 30, 2011, the Federal Housing Administration (FHA) issued its long-anticipated Condominium Project Approval and Processing Guidelines for condominiums seeking approval for FHA-insured mortgages. These guidelines, issued as part of Mortgagee Letter 2011-22, were intended to provide a single source of information as well as to consolidate, update

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