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“Becker Adds Tim Scott’s Chief of Staff as Gov’t Consultant” — Law 360

Becker’s newest Senior Government Relations Consultant, Neri Martinez, recently told Law360 she chose to join Becker, in large part, because of the firm’s reputation of being a trusted source and having transparent leadership. Martinez said, “[Becker’s] corporate culture really inspires loyalty and nurtures growth, and that’s the kind of place where I like to be.” […]

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“‘Estoppel Certificates’ and Other Disclosures Explained” – News-Press

Q: I am in the process of selling my condominium unit and recently come across the term “estoppel certificate,” but I’m not quite sure what it means. Could you provide an explanation on exactly what kind of information is included on an estoppel certificate and just how much it typically costs to get one? I’d […]

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“Video Cameras—for Surveillance Purposes Only” – Florida Community Association Journal

Many associations have installed video surveillance cameras within the community common areas as a means to provide security for their residents. However, good intentions often lead to unanticipated consequences. In fact the use of video cameras may expose an association to liability. Generally, an association is not a guarantor or insurer of any person’s safety […]

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“Director Disqualifications Are Limited” – News-Press

Q: It recently came to light that one of our board members has an ongoing dispute with another unit owner, resulting in the unit owner taking out a restraining order against the board member. This is very concerning. Shouldn’t this result in the board member being removed from the board of directors of our association? […]

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“What Do You Mean We Cannot Enforce The Association’s 55-And-Older Provision?” – Florida Community Association Journal

While the Fair Housing Act (FHA) protects all citizens from discrimination on the basis of race, color, national origin, religion, sex, and disability or familial status (families with children under the age of 18 living with parents or legal guardians, pregnant women, and people trying to get custody of children under 18), there is an […]

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“Candidates May Vote For Themselves” – News-Press

Q: My condominium association has a five-member board of directors. At our upcoming annual meeting, there will not need to be an election as there are three open seats and three candidates. However, the question has arisen as to how to conduct the organizational meeting to be held following the annual meeting where the board […]

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Becker’s James Mahon & Catelyn Stark Contribute Chapter to International Comparative Legal Guide

James Mahon and Catelyn Stark of Becker’s New Jersey Litigation Team contributed a chapter entitled “Employment & Labour Laws and Regulations USA 2024” to the recently published International Comparative Legal Guide (ILCG). The chapter covers common issues in employment and labor laws and regulations – terms and conditions of employment, employee representation and industrial relations, […]

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IRS Proposal on Monetized Installment Sales Casts Too Wide a Net — Bloomberg Tax

Becker shareholder Michael Burwick authored the following insights to Bloomberg Tax about why potential complications of proposed IRS regulations on installment sales would require certain advisers to file disclosures. The IRS’s proposed regulations on monetized installment sale transactions are broad enough to implicate ethical transactions in its aim to capture abusive ones. The final regulations […]

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“Owner Questions Board’s Contracting Authority” – News-Press

Q: Recently, my condominium association authorized a major construction project. The contract for the work is several million dollars in value. The board of directors voted to move forward with their preferred contractor and authorize the president to sign. Isn’t this the type of contract that must be voted on by the owners? (O.V., via […]

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Involved Versus Committed: Does My Community Association Need a Social Media Policy?

Across the green from Becker’s Morristown office is a delightful restaurant named “The Committed Pig.” When you walk in the door, a sign on the wall explains the restaurant’s interesting moniker: the best way to describe the difference between involvement and commitment is “bacon & eggs” the chicken is involved, but the pig is committed […]

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“Term Limit Law Still 2 Years Away” – News-Press

Q: My condominium association will be having its annual meeting soon, which will include an election for members to the board of directors. Some of our board members have served for numerous years, and I understood that there are now term limits on the number of years a board member could serve. What is the […]

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“Statute Of Limitations Apply to Associations” – News-Press

Q: My homeowners’ association recently sent me a notice stating that I had to remove a number of tree stumps in my back yard. The stumps are from trees that were removed following Hurricane Irma. Nothing has changed since those trees were cut down over five years ago. I don’t understand why my association is […]

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“A ‘CliffsNotes’ Guide for New Condominium Board Members” – FCAP Managers Report

The election is over, and you have earned a coveted seat on your condominium association’s board of directors. Now what? This helpful guide will provide you with a “CliffsNotes” version of important things to remember as you embark on your journey as a director. What exactly does a member of the board of directors do? […]

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“Townhome, Condominium and New Construction Home Issues in Florida: Helping Homeowners Navigate the Legal Process” – Central Florida Times

Purchasing a new townhome, condominium or single-family home in Central Florida is an exciting milestone, but construction defects can quickly turn that dream into a nightmare. At Becker, our construction attorneys specialize in representing homeowners and homeowner’s associations facing construction defects, offering expert legal guidance and advocacy. In this article, we will discuss residential construction […]

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“Remote Board Meetings Questioned” – News-Press

Q: Can the board of a homeowners’ association hold “Zoom only” meetings and not permit Owners to attend? (M.M., via e-mail) A: Subject to certain exceptions, I do not believe a board can circumvent the “sunshine laws” by using “remote only” meetings. There are exceptions in the law which permit board meetings to be closed. […]

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“Is Self-Insurance Possible For Community Associations?” – Florida Community Association Journal

Insurance premiums have always constituted a significant percentage of most community association budgets, but astronomical increases in recent years have completely changed the budget landscape. In addition to unaffordable premiums, many insurers are denying full replacement cost coverage, demanding roof replacement for roofs that are still functioning, and/or pushing for complete exterior hurricane protection in […]

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“How to Proactively Utilize Your Community Association Attorney” – Community Trends

Normally, attorneys must be reactive when asked to address an important question, issue, or even a pending lawsuit, so it is a pleasant surprise when attorneys are asked to be proactive and impart their wisdom and advice to our community association clients. Here are a few suggestions for how your community association can proactively utilize […]

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“Association Wants to Go ‘Paperless'” – News-Press

Q: Our condominium association wants to go “paperless” as much as possible for our meetings and move to “virtual” meetings both for convenience and cost savings. Do you have any guidelines on what this involves? (S.R., via e-mail) A: The relevant terms are often confused or used imprecisely. There are several distinct procedures that come […]

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“2023 in Review” – FCAP Managers Report

New Legislation The 2023 Florida legislative session addressed a wide variety of issues impacting community associations. The longest bill impacting community associations became 2023-203, Laws of Florida. The amended statutes changed, clarified, or corrected provisions created by the laws approved in 2022, Senate Bill 4-D, which became Chapter 2022-269, Laws of Florida, commonly referred to as […]

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“Required Notice for Budget Meetings in Homeowners’ Associations” – News-Press

Q: An issue has come up concerning my homeowners’ association board of directors and the adoption of our annual budget. Recently, the board noticed a board meeting for the adoption of the annual budget and only posted the notice as they do for normal board meetings. There was no mailing of information concerning the budget […]

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“Effective Date of New Reserve Law Questioned” – News-Press

Q: Our condominium association just held a vote to less than fully fund reserves for the 2024 budget. It passed by a majority of the quorum, but not a majority of the entire voting interests. There seems to be some question as to whether the recent statute change to “majority of the entire voting interests” […]

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