Most condominium unit owners may think that limited common elements are those areas outside the condominium unit that are part of the common elements, but which are used only by a specific unit owner. However, the Florida Condominium Act defines “limited common elements” as “those common elements which are reserved for the use of a […]
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An Association’s Obligation Regarding Neighbor Versus Neighbor Disputes
Community Associations have an obligation to enforce their governing documents. However, that obligation does not extend to policing, mediating, or resolving disputes between owners, without a corresponding covenant violation. Associations have an obligation to all owners of the community to do what is in the best interest of all owners, not just the select one […]
Read MoreIncidental Damage Clauses
There are times when an association must damage a unit or units in order to maintain or repair the common elements. For example, if repairs must be made to a common element water trunk pipe, an association may have to access the pipe by tearing though some portion of a unit wall. This type of […]
Read MoreSo You Want to Be a Real Estate Agent
During my 26 years practicing real estate law, and with over ten thousand real estate closings under my belt, I have seen my share of real estate agents. Some great. Others, not so much. The great ones, however, all share the same traits, and, in my opinion, it is these characteristics that set them apart […]
Read MoreRegarding Executive Order 192 – Requirements for Association’s In-Person Workforce
On October 28th, 2020 Governor Murphy issued Executive Order 192 (2020) (the “Order”), setting forth requirements every business, non-profit, and governmental or educational entity in the State must follow if they require or permit the workforce to be physically present at a worksite. These requirements are intended to aid the protection of employees, residents, and […]
Read MoreCan Community Association Members Record Board Meetings?
Various states provide a statutory right for members within a Community Association to audio or video record an open meeting of the board, subject to reasonable board regulations. However, in New Jersey, the law neither prohibits nor affirmatively permits owners to record board meetings. It is therefore up to a particular board to determine whether […]
Read MorePerpetual Leases
A landlord client came to me with a problem. He was stuck in a lease with an uncooperative tenant paying an unreasonably low rent, and he wanted to know how he could terminate or renegotiate the lease. The challenge? The lease contained a provision that allowed the tenant to renew the lease at the end […]
Read MoreClosings During COVID-19: How RON Has Forever Changed The Real Estate Industry
Just months prior to the pandemic, the title and legal industry made some tremendous strides toward virtual closings. Florida’s remote online notarization (“RON”) law, passed in July 2019, went into effect January 1, 2020. Normally, new technology takes time to implement; however, lockdown/quarantine requirements allowed Becker and Becker Title to accelerate adoption and implementation of […]
Read MoreTime’s Up: Florida’s Ban on Evicting Delinquent Tenants Has Lapsed
Upon the emergence of the COVID-19 pandemic in Florida, Gov. Ron DeSantis issued Executive Order 20-52 on March 9, 2020, and declared a state of emergency for the entire State of Florida. In addition, Gov. DeSantis entered Executive Order 20-94 on April 2, 2019. Per the Order, the Governor barred evictions and halted the capacity […]
Read MoreProperty Damage and Falls: When Things Go Wrong
As all real estate professionals know, it’s difficult to predict what bumps in the road may arise while a property is being marketed for sale. Even in the seemingly benign scenario of a vacant residential or commercial property, someone – be it a potential buyer, an agent, a vendor, a landscaper, or anyone else who […]
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