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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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“Run Out Every Ground Ball: A Good Lesson for Lawyers,” Daily Business Review

In Little League, our first base coach never got tired of telling the players to “run out every ground ball.” Who knows—the first baseman may make an error, the fielder may bobble the ball or you may be faster than you thought and reach first base safely. The instruction is a good lesson for lawyers. […]

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“Recent Developments Concerning Director Term Limit Law,” Naples Daily News

Editor’s Note:  David G. Muller is a Board Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A., which represents community associations throughout Florida, with offices in Naples, Fort Myers and 10 other Florida cities.  The Firm focuses a substantial amount of its practice on condominium and homeowners association law.  Attorney Muller […]

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“How to stop the erosion of civility in community associations,” Sun Sentinel

Raised voices, reddened faces and angry gestures. You might think you are watching a Congressional hearing on C-SPAN, but you are at your community’s board meeting. The erosion of civility in our society has begun to manifest itself in private residential communities. This comes in many forms, from rudeness and disruptive behavior at meetings, to […]

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FINRA Issues Interpretation on Net Capital and Backstop Agreements

Although the utilization by FINRA broker-dealer members firms of “backstop” agreements is fairly common, and have been issued for years, the regulatory underpinnings for their use and the effect on net capital has never been clear.  Counsel, investment bankers, compliance officers, and FINOPS have struggled to cite a true regulatory basis for their viability to […]

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“The Subrogation Situation,” FCAP Managers Report

With increasing frequency, insurance companies that provide unit owner insurance are suing community associations to recover payments made to the unit owner that are related to water leaks in the unit. The problem with these lawsuits is two-fold. First, the insurance companies are waiting years to bring them, although still within the statute of limitations […]

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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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