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“Purchase and Sale of Commercial Real Property (FL),” Practical Guidance

There are many issues to consider when buying or selling commercial real estate (CRE) in Florida. The considerations that buyers and sellers face are sometimes different and these issues may differ by asset class as well. This practice note focuses on general considerations for CRE transactions while noting some specific instances that may arise in […]

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“Avoiding Attack: The Arbitrator’s Guide to Drafting a Bulletproof Reasoned Award,” Dispute Resolution Journal

For arbitrators, drafting a reasoned award after a difficult commercial/construction proceeding can be particularly painful. Steve Lesser and Jonathan Silver’s latest Dispute Resolution Journal entry offers a detailed roadmap to creating an unassailable reasoned award. From understanding the legal standards that can greenlight a challenge to embracing the scope and limits (including personal fact-finding) of […]

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“’Material Alteration’ Voting Explained,” News-Press

Q: How can a condominium “material change” be approved? Who approves it, the board or the property owners? If several items are being altered, must each item be listed separately or can it be a single vote lumped together as one? (A.J., via e-mail) A: The voting required for material alterations or substantial additions to […]

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“Crowdfunded Securities Token Offerings: A Possible Path to Funding Emerging Growth Companies,” Financier Worldwide

The problems small companies have in obtaining growth capital are well known. The resources of founders and family and friends are typically limited. Venture capital (VC) and private equity (PE) firms are a resource for only a few such companies. Angels can sometimes provide limited funding but again only for a select few. Banks and […]

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“Can One Section Ban Rentals?,” Naples Daily News

Q: I live in a condominium and there are several disruptive annual renters. There are six different sections but only one board. Each section is governed by their own declaration of condominium. Can one section approve an amendment to their declaration banning rentals even while other sections still allow rentals? G.P. A: Your community is […]

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“Night Swimming Governed By State Codes,” News-Press

Q: Our homeowners’ association pool is only open from “dawn to dusk.” With the time change, it gets dark early. Residents who work are not able to use the pool during the week. Can the board change the pool hours or is “dawn to dusk” mandated by the state? (L.T., via e-mail) A: The Environmental […]

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“Board Members Can’t Vote By Proxy,” News-Press

Q: I have an HOA question about board members voting by proxy. I believe that they cannot submit their own personal vote via proxy, but are they allowed to simply collect unlimited proxies? The board members collect and give the proxies to one board member to distribute. Is this legal? (E.L., via e-mail) A: You […]

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“Ex-Fla. Lawmaker Joins Becker & Poliakoff’s Gov’t Practice,” Law360

Former Florida lawmaker Katie Edwards-Walpole recently told Law360 that she chose to join Becker due, in large part, to the firm’s commitment to innovation and collaboration. Becker welcomed Katie to its Government Law & Lobbying team just prior before Election Day 2020. Bernie Friedman, the team’s chair, believes that Katie’s extensive experience – both in […]

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“Community Association Boards Face Holiday Challenges During Pandemic,” Daily Business Review

Many community association boards continue to be resilient and cautious in the face of ongoing pressure from some residents to open all amenities, hold in person meetings, allow unfettered access to the property, and act as if the COVID-19 pandemic is over. This pressure has only increased since Gov. Ron DeSantis issued his Phase 3 […]

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