Becker & Poliakoff

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“Occupancy Restrictions and the FHA” – FLCAJ Magazine

Many Associations’ Declarations contain occupancy restrictions relating to the number of bedrooms in a home or unit. The standard provision reads two person per bedroom are permitted in a unit or home. However, does this occupancy restriction violates the federal and/or Florida Fair Housing Acts (“FHA”)? The short answer is, it depends. Fair Housing Acts […]

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Becker Awarded FLCAJ Readers’ Choice Award For Sixth Consecutive Year

For the sixth consecutive year, Becker has earned a Diamond Level Readers’ Choice Award from the Florida Community Association Journal (FLCAJ) magazine. The FLCAJ announced its seventh annual Readers’ Choice Award winners in the March 2020 issue of the magazine. The FLCAJ Readers’ Choice Awards is a unique recognition program that shines a spotlight on […]

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“Preparing for a Busy Fall Season” – FLCAJ Magazine

Because most association fiscal years and elections coincide with the end of the calendar year, preparations should be underway for a busy fall season. Here are a few tips to ease the process: Make a “to-do” list of needed repairs or maintenance for the upcoming year. Maintain and review up-to-date financial data throughout the year […]

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“How Does Your Collections Policy Stack Up?” – FLCAJ Magazine

Collection of your community’s assessments is critical to maintaining a steady flow of income to support the association’s maintenance responsibilities and maintain the association’s overall fiscal health. Yet with the more urgent day-to-day demands on property managers and volunteer board members, collections can often be neglected or completely overlooked. On day one, new board members […]

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“Charging Excessive Fees Could Spell Big Trouble” – FLCAJ Magazine

Condominium associations are limited by statute on the amount of fees which can be charged in connection with the transfer of a unit. An association in Miami just learned this lesson the hard way. A recent class action lawsuit in Miami-Dade County alleging a condominium was charging excessive fees resulted in the association settling for […]

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“Reduce the Stress of Election Season” – FLCAJ Magazine

As Floridians begin to see the proverbial light at the end of the summer heat wave tunnel, the specter of election season begins to rise over community association managers and boards of directors. As most community associations hold their annual meetings, elections, and budget meetings toward the end of the calendar year, it is important […]

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“Apathy is Everywhere” – Florida Community Association Journal

Apathetic members of associations are a troubling reality. The apathy manifests itself by the lack of participation in running for the board of directors, in voting, and in adhering to the restrictions of the governing documents. The problem with the apathy is that it can interfere in the proper administration of an association and prevent progress. […]

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“Pay Attention to Rising Sea Levels” – Florida Community Association Journal

Rising sea levels are an important issue which cannot be ignored by Florida communities, especially coastal ones, if they want to be resilient and prepared for expected adverse effects. Miami has the most to lose of any coastal city in the world in terms of financial assets, just above New York City. Florida has more residents […]

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Review Your Insurance Policy to Ensure That Your Claim Won’t Be Decided in—New York?

Florida was battered by Hurricane Irma in 2017 and Hurricane Michael in 2018. Many individuals, businesses, and associations are still trying to recover from those devastating storms. It is common for insurance litigation to linger for years, even deca…

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“Will the Fraud and Abuse in Emotional Support Animal Requests Finally Be Curtailed?” – FLCAJ

With increasing frequency, associations are faced with owners’, tenants’ and guests’ requests for accommodations under the Fair Housing Act. Title VIII of the Civil Rights Act of 1968, a/k/a The Fair Housing Amendments Act, found at 42 U.S.C. §3601 et. seq. (1968), was enacted by Congress as a means of preventing housing discrimination based upon […]

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“Hurricane Insurance Claims for Condominium Associations” – FLCAJ Magazine

There is a lot of information on how associations can prepare for hurricanes but much less information as to what happens after the hurricane, particularly as it pertains to insurance claims. A question that managers and board members need to consider is, what is required after a hurricane to ensure compliance with your insurance policy […]

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“What Should We Expect from the Next Generation?” – Florida Community Association Journal

Despite statistics proving that the age of condominium owners in the Sunshine State is trending younger and younger these days, the stereotypical notion of a condominium dweller being retired and overly concerned with the lives of his or her neighbors still prevails.      With a healthy economy and new condominium construction offering more amenities […]

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“Welcome to the Board…Now What?” – Florida Community Association Journal

If you are new to your community’s board of directors, thank you for agreeing to serve in this capacity. You will learn that the “job” can be both thankless and fulfilling at different times and for different reasons. The first thing you will need to do is to ensure that you have submitted your director […]

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Countdown to 7/1/18 and the New Website Requirements for FL Condominium Associations

By July 1, 2018, a Florida condominium association with 150 or more units which does not manage timeshare units must have an independent website or web portal wholly owned and operated by the association or a website or web portal operated by a third-party provider. Creating an in-house website may prove to be too daunting […]

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Can Your Community Association Stop Bullying and Harassment in Their Tracks?

Bullying in any form cannot be condoned either in schools, workplaces or communities. While a newly filed bill by Rep. Emily Slosberg (HB 123) has the laudable goal of protecting Florida’s senior citizens from being bullied, just how feasible is it in a community association context? From some of the board and membership meetings I’ve […]

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“Tackling Fraudulent Emotional Support Animals” – Florida Community Association Journal

Chances are that your community has some type of pet restrictions. It’s also a good bet that you have received one or more requests you deemed questionable with regard to a dog that does not meet those restrictions but the owner insists, nevertheless, that the dog is his or her emotional support animal (ESA). Many […]

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“What’s in a Name?” – Florida Community Association Journal

When Shakespeare coined the phrase “the slings and arrows of outrageous fortune” in Hamlet, he probably wasn’t envisioning that sentiment could apply centuries later to volunteer board members. However, the Bard was opining that bad things can happen to a person, and in the present-day context, if you are serving on a community association board […]

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When Differences turn into Dysfunction: Why Your Board of Directors Needs a Code of Conduct

The role of board members in a community association is fairly straightforward: keep informed on the association’s business operations; be familiar with and come prepared to discuss the agenda items for upcoming board meetings; encourage and participate in constructive, businesslike discussions of those agenda items; and use your judgement to represent the community and its […]

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“A Look Back at Online Voting’s First Year in Florida” – Florida Community Association Journal

“How much longer do you think it will be?” an owner hissed in my ear as she tapped on her oversized watch to indicate her growing impatience as we reached the three-hour mark in a 400+ unit condominium election. I told her it shouldn’t be much longer while secretly hoping my optimism was accurate. The […]

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Becker & Poliakoff Wins Florida Community Association Journal 2015 Diamond Level Readers’ Choice Award

FORT LAUDERDALE, Fla. – May 9, 2016 – Becker & Poliakoff has been named a recipient of the Florida Community Association Journal’s 2015 Diamond Level Readers’ Choice Award for legal services. During the past 25 years, FLCAJ has been a leading source of information for community associations, according to its website. The Readers’ Choice Awards are […]

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The Shores of Panama Case: The Fiduciary Duty Owed By Bulk Buyer Controlled Boards

The election had been fiercely contested, and everyone knew the vote would be close. The incumbent directors of the Shores of Panama Resort Community Association had the unwavering support of a group of investors who had, two and a half years earlier, purchased just less than half of the condominium units in bulk at a […]

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