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“Director Term Limit Law Development,” Naples Daily News

Q:     Have there been any developments regarding the term limit law for condominium directors?  In prior columns you mentioned that there was some confusion as to when it will impact existing director terms. H.H. A:     Yes, there is a recent development regarding this issue.  Condominium association term limits were first added to the statutes […]

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“Maintenance of Structure Usually Association Responsibility,” News-Press

Q: The foundation under my condominium’s sliding glass door has heaved which prevents me from opening the doors. My condominium manager says that I am responsible for taking out the slider door frame and grinding down the foundation cement. Am I responsible? (P.D., via e-mail) A: This may be a symptom of a more significant […]

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“Special Taxing Districts Explained,” News-Press

Q: What is an “MSTU”? My neighborhood association, which is voluntary, is considering getting one set up to maintain our roads. (P.K., via e-mail) A: Counties have the authority to create a special taxing district, known as a Municipal Service Taxing Unit, commonly called an “MSTU,” or a Municipal Service Benefit Unit, commonly called an […]

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Jon Polenberg Co-Authors Commercial Arbitration Chapter for LexisNexis’ Business Litigation In Florida

LexisNexis declares Business Litigation in Florida to be the “must-have” manual to clarify complex commercial issues and trial strategies for business practitioners and litigators in Florida. Becker litigator Jon Polenberg served as co-author for the definitive chapter on Commercial Arbitration, originally published in the 8th edition and subsequently revised for the 9th, 10th, and 11th […]

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“Fining Procedure Details Explored,” News-Press

Q: Fining for violations has always been confusing to me, since most fines are cumulative or compounding for each day the violation is not corrected. Should the due date be following correction of the violation or whatever date the fine ceases? (R.N., via e-mail). A: You are not alone. I have written this column for […]

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“A Look into the Nation’s Fiscal Future and its Possible Outcomes,” Divided We Fall

According to the Treasury Department, the budget deficit for the first seven months of this fiscal year was $1.93 trillion – an all-time high. The United State’s national debt is over $28 trillion and counting. Last fiscal year’s deficit was $3.13 trillion, which is the largest it’s been relative to the size of our economy since World War II. […]

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“Leasing Restrictions – Be Sure You Can Do What You Think You Can Do,” FLCAJ Magazine

For over a year, it would appear from the outside that the only issue Florida community associations have been dealing with is the pandemic. Those of us who work with, live in, or manage condominiums know this is not the case. However, it did seem that COVID-19 issues superseded all other issues for some time. […]

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“Playing for Keeps – What Rights & Authority Is an HOA Developer (or Successor Developer) Allowed to Keep after Turnover?, FCAP Managers Report

For many Homeowners’ Association (“HOA”) owners and board members, the words “turnover” and “transition” are two of the most anxiously anticipated yet mysterious terms in community association lingo. Often used interchangeably, the phrases generally refer to the period of time (or “triggering event”) in the development of the community at which the developer is required, […]

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“Is That Contractor Really an Employee?,” Community Association Management Insider

The misclassification of an employee as an independent contractor can prove costly for employers — including both community associations and managers. So it was good news when the Trump administration finalized a rule that loosened the test for determining whether a worker is an employee or an independent contractor. “Under Trump, the idea was to […]

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“Commercial Real Estate Development (FL),” LexisNexis Practical Guidance ®

Commercial Real Estate Development (FL) discusses key considerations for a developer of commercial real estate (CRE) in Florida. For purposes of this note, CRE development refers to retail, office, medical, industrial, hospitality, multifamily residential, and other types of commercial properties. Development means new construction or renovation of existing structures. This note is written from the perspective […]

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