Becker & Poliakoff



Search Perspectives

Show Filters

Area of Focus



Reset Filters

Direct all media inquiries to


“Directors Usually Fill Board Vacancies ” – News-Press

Q: There was a recent vacancy on the board of directors for my condominium association due to a resignation. The board voted to appoint someone to fill the vacancy. However, a question was raised as to whether that person fills the vacancy for the remaining term of the resigning director, which runs until the annual […]

Read More

“Tax Deed Can Extinguish Assessments” – News-Press

Q: I am on the board of directors of a condominium association, and one of the units in our association has both unpaid assessments and taxes. We recently received a notice that the county will sell the unit to satisfy the unpaid taxes. We have questioned how this will affect the condominium documents and the […]

Read More

55+ Communities – Do I Still Need a Survey Every 2 Years?

Effective July 1, 2020, the Florida legislature eliminated the requirement for 55+ communities to register with the Florida Commission on Human Relations (“FCHR”), and eliminated the need to submit a letter to the FCHR every two years stating that the association complies with the requirements to be considered housing for older persons under state and […]

Read More

“Comingling of Funds Questioned” – News-Press

Q: Can a condominium association’s operating funds be combined with the reserve money? My association has not moved money into the reserve account and out of the operating account in the last year. The money is there, it is just not in the right account. Is it permissible to keep the reserve and operating funds […]

Read More

“Use of Assessment Money Regulated by Statute” – News-Press

Q: My condominium association board recently adopted and collected a special assessment to fund a construction project at the building. However, due to a change in circumstances, the board of directors has now decided to not proceed with the project. A question has come up as to what the association should do with the money […]

Read More

“HOA and Condo Proxy Procedures Differ” – News-Press

Q: A question has come up in my homeowners’ association as to whether owners are permitted to vote by proxy at owner meetings. If so, where is this right found? (C.D., via e-mail) A: Section 720.306(8) of the Florida Homeowners’ Association Act states that members have the right to vote by proxy unless otherwise provided […]

Read More

“‘Sunshine’ Rules Apply to Budget Workshops” – News-Press

Q: An issue has come up in my condominium association regarding the creation of the budget for the 2024 fiscal year. The board has discussed having a board workshop to develop the budget. However, it is not clear that the board intends to allow owners to attend the workshop. The board has stated this will […]

Read More

Becker’s Coral Gables Office Profiled in Coral Gables Magazine

Becker’s Coral Gables office was recently profiled in Coral Gables Magazine’s ‘City Beautiful’ edition. The issue highlights the strength of Coral Gables as a hub for multinational companies and international business. Located at 2525 Ponce de Leon Blvd., Becker’s Coral Gables office is a top-performing hub, managing a significant portion of the firm’s work with […]

Read More

“Director Removal Does Not Require Good Cause” – News-Press

Q: Until recently, I was the president of my condominium association. However, certain unit owners were unhappy with the decisions I had made and pushed through a recall. While I do not dispute that they obtained recall agreements signed by a majority of the unit owners, they did so under false pretenses where they made […]

Read More

“New HOA Fining Law Took Effect October 1” – News-Press

Q: You had previously written about some new changes that are coming up about how to handle fines in homeowners’ association. Can you give a brief summary of what we need to do? (M.J., via e-mail) A: Several new homeowners’ association laws became effective October 1, 2023. Included in the changes are new provisions in […]

Read More

“New HOA Law Addresses Storage” – News-Press

Q: At a recent event I attended, someone mentioned a new rule that prohibits sheds on a single-family property in a HOA. I could not find any reference for that in your 2023 legislative reviews. It seems someone may have misunderstood or misinterpreted one of changes made. Can you please shed some light on this? […]

Read More

“Voting Requirements After Merger Questioned” – News-Press

Q: In your previous column from 2022, it clearly addresses which documents control in the example of when a sub-association’s documents are stricter than the master. Which documents prevail in the following situation? My community had a master association and also four smaller sub-association. The sub association declarations have a 75 percent approval requirement by […]

Read More

“Bar Program Designed to Resolve Fee Disputes Quickly” – Florida Bar News

A little research, and an updated fee agreement, could spare clients and attorneys a lot of time and expense, assures veteran Ft. Lauderdale attorney Steven B. Lesser. “One of the most uncomfortable issues we deal with as lawyers is when we have a fee dispute with a client,” Lesser said. Board certified in construction law, […]

Read More

“Emergency Voting by E-mail Questioned” – News-Press

Q: I am on the board of my condominium association, and we are in the process of repairing our building following damage from Hurricane Ian last year. The board of directors must make numerous decisions regarding the reconstruction process. To facilitate the reconstruction, the board has been using an online system where each board member […]

Read More

“Florida Anti-Mandate Law About Masks, Vaccinations Imperils Senior Communities” – The Palm Beach Post

In her Op-Ed, “Florida anti-mandate law about masks, vaccinations imperils senior communities” published in the August 25, 2023, Palm Beach Post, Becker Community Practice Group Shareholder Donna DiMaggio Berger weighs in on how a new Florida law effectively ties the hands of community associations that want to keep their common areas safe and open during […]

Read More

“Where Is the Money Coming From?” – Florida Community Association Journal

With all the new laws, especially for buildings three stories in height or higher, along with reserve funding requirements, condominium living has just gotten a lot more expensive. With only one steady source of income, namely the assessments paid on a monthly or quarterly basis from unit owners, sometimes those funds are just not enough […]

Read More

“Legislature Limits HOA Rental Amendments” – News-Press

Q: Is a homeowners’ association permitted to adopt amendments changing the leasing rights of owners in the community? I was recently told that the statute was changed, and rental restriction amendments are no longer permitted. Is this correct? (W.K., via e-mail) A: Not exactly. Chapter 720 of the Florida Statutes is called the Florida Homeowners’ […]

Read More

“Association Borrowing Questioned” – News-Press

Q: The board of directors of my condominium association has been discussing taking out a loan to pay for major repairs to our condominium building. To my knowledge, our association has never borrowed money before. It seems to me that for such a serious undertaking, a vote of our owners should be required. Is a […]

Read More

“Ranking Organizations Should Consider Board Certification as a Factor When Rating Lawyers in Practice Areas” – The Florida Bar News & Journal

For decades, established organizations such as Chambers and Partners, Best Lawyers, Super Lawyers, Martindale-Hubbell, Avvo, and others have ranked lawyers in specialty areas after performing research, soliciting peer review, interviewing with potential lawyer candidates and in some instances speaking to their clients. At the same time, other organizations provide lawyer rankings but not necessarily based […]

Read More

“Insurance Proceeds Should Be Bonded” – News-Press

Q: My condominium association is in the process of renewing its insurance policies and our insurance agent advised that we needed a fidelity bond policy with a higher limit for the coming year because of the insurance proceeds the association received following Hurricane Ian. Why would we need higher limits on our fidelity bond? (W.K, […]

Read More

“Protecting The Financial Well-Being Of Your Association” – Florida Community Association Journal

The financial well-being of any association is based on the proper adoption and collection of assessments. Assessments are the lifeblood of the community and how an association pays for the maintenance and upkeep of the community. Without proper adoption and collection of assessments, communities can fall into disarray and struggle to provide services to their […]

Read More

“So, You Received a Written Inquiry” – FCAP Managers Report

So, your community association received correspondence that requests answers to certain questions. You may have just received what is also referred to as a “written inquiry.” What to do? First and foremost, you should always ensure that the Board of Directors and legal counsel of your community association are promptly advised of the receipt of […]

Read More

“Boards Cannot Vote By E-Mail” – News-Press

Q: Can the board of an association conduct business by e-mail vote between meetings, and then ratify the votes at the next board meeting? (A.Z., via e-mail) A: No. Section 718.112(2)(c) of the Florida Condominium Act and Section 720.303(2)(a) of the Florida Homeowners’ Association Act, both state that directors may communicate with each other regarding […]

Read More

“2023 Legislative Review Part 4” – News-Press

This week we conclude our review of relevant legislation from the 2023 Legislative Session. Previously we reviewed the bills that directly impact community associations through amendments to the community association’s statutes, including Chapter 718, the Florida Condominium Act and Chapter 720, the Florida Homeowners’ Association Act. This week we review legislative changes to other statutory […]

Read More