Q: My homeowners association inconsistently enforces its rules. Rules often overlooked include bans regarding permissible animals and owning chickens on the property – none of which have been properly enforced. The association issued a new owner a violation notice, even though other homeowners have been keeping chickens. Does this set a precedent for how these […]
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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.” […]
Read More“‘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 […]
Read More“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 […]
Read More“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? […]
Read More“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 […]
Read More“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 […]
Read More“HOA ‘3 Minute Rule’ Questioned” – News-Press
Q: Our homeowners’ association board only lets residents speak at board meetings after taking a vote. They can only speak for 3 minutes in total. My understanding is that the residents should be able to speak before the vote, and they can speak for 3 minutes per item on the agenda. What is the rule […]
Read MoreBecker’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, […]
Read MoreIRS 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 […]
Read More“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 […]
Read More“Pending New Laws” – FCAP Managers Report
The 2024 Florida Legislative Session ended Friday, March 8th, and it was one of the busiest sessions in memory in terms of producing new community association legislation. Please remember that these bills do not become law until they have been sent to the Governor who then has fifteen (15) days to sign a bill, veto […]
Read MoreInvolved 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 […]
Read More“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 […]
Read More“Association ‘Sunshine Laws’ Questioned” – News-Press
Q: I was recently elected to the board of my condominium association. I thought we had to follow Florida’s sunshine laws, but our long-time president said this is not true. She claims we can meet whenever we want as long as no votes are taken, or assessments are not going to be made. Is this […]
Read More“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 […]
Read More“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? […]
Read More“Can Spouse Serve on Board” – News-Press
Q: My wife and I live in a condominium unit in Florida. The unit is owned by my wife, in her name only. However, I would like to run for the board of directors. Does Florida law state that a spouse of a unit owner has the right to serve on the board? (E.B., via […]
Read More“Difficulty with Community Participation?” – FCAP Managers Report
In many communities, voter apathy can be a real issue with members not turning in proxies and not attending meetings. This does not only impact elections, but also other membership votes, such as amending the governing documents and voting on material alterations. Simplifying the voting process for owners can go a long way in remedying this problem. One […]
Read More“Collection Dispute Confounds Board” – News-Press
Q: We have an owner in our condominium community who refuses to pay the current monthly assessment. Each month, she sends a check based on our budget from 2 years ago. She says she has not received a copy of the proposed budget 14 days ahead of time for the past two years as she […]
Read More“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 […]
Read More“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. […]
Read More“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 […]
Read More“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 […]
Read More“What to Do if Your Association Is Served With a Complaint or Is Subject to a Subpoena” – FCAP Managers Report
If your community association is served with a complaint or subpoena, you must promptly forward it to the community association’s legal counsel. As explained in this article, receipt of a complaint or subpoena triggers time sensitive legal obligations that can expose your community association to serious liability. With respect to complaints, Florida Courts generally deem […]
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