Q: What constitutes a conflict of interest for a board member in their role of representing and making decisions on behalf of the condominium association? (S.W., via e-mail) A: Section 718.3027 of the Florida Condominium Act states that a director, officer, or relative of either to enter into a contract for goods or services with […]
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“Enforcement Consistency Issues Explored” – News-Press
Q: I am on the board of a 54 home HOA. One of the owners has basically all plants in his front yard. That has been that way since I moved into the community 14 years ago. I don’t believe anyone gave him permission to do that but apparently the board at the time turned […]
Read More“Ideal Board Composition Questioned” – News-Press
Q: During our recent condominium association board meeting, we received questions about how the number of board members impacts our effectiveness. Is having an odd number of members important to avoid tie votes? And, does having an even number, whether due to vacancies or not, create challenges for decision-making? (S.W., via e-mail) A: Section 718.112(2)(a) […]
Read MoreThe End of Chevron: Becker’s Jon Polenberg Explores What SCOTUS Ruling Means for the new Department of Government Efficiency (DOGE)
Jon Polenberg, Shareholder and Vice Chair of Becker’s Business Litigation Practice Group, authored this article in Kiplinger, which examines how the Supreme Court’s decision last year to overturn the Chevron doctrine, could impact the new Department of Government Efficiency (DOGE). The article explores the potential implications for industries, businesses, and government agencies, as well as […]
Read MoreCondominium Termination: Don’t Let the End Catch You by Surprise
We all know how condominiums begin—with renderings, design and finishing selections, friendly sales agents, and, of course, so many documents. However, once a condominium becomes an aging project, particularly one rife with escalating maintenance needs and expenses, it is worth considering how the condominium may be terminated.
Read MoreCan 55+ Communities Avoid Compliance With Federal Laws Which Prohibit Age and Familial Status Discrimination?
In 1988, Congress added “familial status” – defined to include those family groups with children under 18 – to the list of protected groups under the Fair Housing Act (“FHA”). Since that time, condominiums and homeowner’s associations have been discovering that their various rules regulating or prohibiting youngsters’ use of the association’s facilities may run […]
Read MorePerils and Pitfalls of Social Media in Community Associations
Social media has transformed the way people communicate. In restaurants you can look around and see people “dining together” while on their cell phone. I was at a movie theater this weekend and even noticed the white glow of cell phone screens lighting up during the film. Social media, which provides an instantaneous platform to […]
Read More“Facilitating Community Participation via Electronic Voting” – FCAP Managers Report
In many community associations, voter apathy is a real issue with members not returning 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 to facilitating membership participation in […]
Read More“Budgeting Challenges” – FLCAJ Magazine
Come gather ‘round people Wherever you roam And admit that the waters Around you have grown And accept it that soon You’ll be drenched to the bone If your time to you is worth savin’ And you better start swimmin’ or you’ll sink like a stone For the times they are a-changin’ “The Times They […]
Read More“New Hurricane Protection Law Questioned” – News-Press
Q: What is the penalty, if any, for a Florida condo association that refuses to adopt hurricane protection specifications? We have none and there is no interest in doing so. Seems to fall into “they won’t find out about us.” (D.N., via e-mail) A: The Florida Condominium Act was amended effective July 1, 2024 to […]
Read More“Bid Protest Overview” — Florida Bid Reporting
Mark Stempler, a Managing Shareholder in Becker’s Construction Law & Litigation and Business Litigation Practices, wrote this article published in Florida Bid Reporting about legal and practical issues concerning public procurement, bid protests, and other formal challenges. While most procurements are administered by government agencies without issues, there are times when challenges become necessary to […]
Read MoreAI and the Courts: Becker’s Jon Polenberg Explores How Accountants Can Navigate the Legal Challenges of the Machine Revolution
Jon Polenberg, Shareholder and Vice Chair of Becker’s Business Litigation Practice Group, authored this article in CPA Practice Advisor, exploring the increasing influence of artificial intelligence (AI) on litigation and its impact on accountants. You can read the full article below or by clicking here. AI and Litigation: How Accountants Can Stay Ahead as Courts Wrestle […]
Read More“Association Mold Remediation Role Questioned” – News-Press
Q: What are the powers and duties of a condominium association in Florida regarding unit repair and reconstruction to treat mold after a hurricane? (L.N., via e-mail) A: Like many legal issues, “it depends.” Mold has been a scary word in association operations over the past couple of decades, primarily after a couple of large […]
Read More“Retroactive Application of Rules Explained” – News-Press
Q: My condominium association is considering implementing a new rule. They are unsure if the new rule can be applied retroactively to violators who broke the rule before it was enacted. If the board decides to enforce this rule, would they need to amend the bylaws, or can they implement and enforce this retroactively on […]
Read More“Meeting Motion Starts Fireworks” – News-Press
Q: At the recent annual meeting of our condominium association, the president asked at the end of the meeting if there was any “new business.” I raised my hand and made a motion to appoint a committee to audit the insurance income and expenditures from Hurricane Ian. The president told me she would take it […]
Read More“Ambiguities in ‘Condo 3.0’ and Potential Solutions” – FLCAJ Magazine
HB 1021, a substantial overhaul of the Florida Condominium Act commonly referred to as “Condo 3.0,” was signed by Governor Desantis and became effective July 1, 2024. While many of the changes to the Act were objectively necessary (such as the new heightened board member education requirements, the requirement of an association with more than […]
Read More“Conflict of Interest Laws and Your Condominium Association” – FCAP Managers Report
Amid rising costs and scrutiny of the operations of condominium associations across the state, your condominium association has likely placed an emphasis on doing business with people and companies it can trust. After all, wouldn’t you prefer that in your own business dealings? But what if these trusted people and companies have close ties to […]
Read More“Smoking Ban Raises Questions” – News-Press
Q: My condominium association board recently implemented a “no-smoking” policy after receiving numerous complaints about second-hand smoke. Several residents continue to smoke in their unit and on their balcony, insisting they have the right to do so in their own home. The situation is becoming increasingly contentious. While some residents support the policy, others are […]
Read More“’55 and Over’ Housing Explained” – News-Press
Q: I have a question on people moving into a “55 Plus Park” at age 55 or older. Can I later give the home to a younger relative with children? (G.A., via e-mail) A: The federal Fair Housing Amendments Act of 1988, which became effective in 1989, prohibits discrimination in the terms and conditions of housing based […]
Read MoreBecker’s Omar Franco Analyzes Implications of Donald Trump’s Regulatory Agenda in Iberian Lawyer Interview
In a recent interview with Iberian Lawyer, Omar Franco, Head of Becker’s Federal Lobbying Practice and Vice Chair of the Firm’s Government Law and Lobbying Practice, shared his insights on Donald Trump’s ambitious regulatory agenda as the former president prepares for a return to office. Drawing on his extensive experience in government relations and legislative affairs, Franco […]
Read MoreDonna DiMaggio Berger Explores Florida’s Condo Market Challenges in Sun Sentinel Op-Ed
Donna DiMaggio Berger, shareholder and Vice Chair of Becker’s Community Association Practice Group, authored an op-ed for the Sun Sentinel analyzing the transformative challenges and opportunities reshaping Florida’s condominium market. Berger examines the impact of recent legislative changes, including engineering and reserve funding mandates, highlighting the delicate balance between enhancing safety standards for multifamily housing […]
Read MoreYolanda Cash Jackson Featured in Florida Trend Business Magazine
As the year draws to a close, Florida Trend Magazine traditionally announces its coveted “Floridian of the Year.” This year, the publication also revisited its 2022 honoree, Becker shareholder Yolanda Cash Jackson, to highlight her continued accomplishments. Reflecting on 2024, Jackson described it as a year of “unexpected pleasures,” including a meaningful opportunity to serve as a professor […]
Read MoreBecker Litigation Team Spotlighted in Law360 for Groundbreaking Legal Strategy
Jim Mahon, a shareholder in Becker’s Business Litigation Practice, was featured in a Law360 article, for a unique argument in United States v. Lingat. The case challenges long-standing legal precedent of Klein conspiracy charges in tax cases. Instead of following the usual approach of comparing these charges to the Supreme Court’s limits on tax obstruction laws, […]
Read MoreBecker’s Claramargaret Groover featured on Housingwire.com
Becker’s Claramargaret Groover penned the article Can a Market Be Too Hot, which was published on Housingwire.com. Claramargaret delves into the challenges smaller developers face when larger developers enter already thriving markets. She explores whether a hot market can become “too hot” and offers expert perspectives on navigating competitive development landscapes. You can read the full article below […]
Read More“‘Single Family’ Use Restriction Questioned” – News-Press
Q: Our board is seeking clarification on the “single family” use restriction stated in our declaration of condominium. The term is not clearly defined in our documents, and we would like guidance on how to interpret this clause when evaluating our potential sales. (J.D., via e-mail) A: “Single family” use restrictions are common in the […]
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