Publication

Filters

Search Perspectives

Show Filters

Area of Focus

Year

Type

Reset Filters

Direct all media inquiries to BPR@beckerlawyers.com

Results

Do the Deadlines on the FAR BAR “AS-IS” Residential Contract for Sale and Purchase expire at 5:00pm or 11:59pm?

Answer: It depends! Section 18F-Time is a commonly misinterpreted section of the FAR BAR Contract. Calendar dates are used to compute the critical dates of the contract. If a deadline falls on a calendar date that is not a weekend or national holiday, the deadline expires at the end of that calendar date, which is […]

Read More

“Manager Not Legally Required,” News-Press

Q: The board of my association is considering terminating our management company’s contract and managing the association themselves. Is this permissible or is an association required to have a professional manager? (R.B., via e-mail) A: Neither Chapter 718, Florida Statutes (the Florida Condominium Act), nor Chapter 720, Florida Statutes (the Florida Homeowners’ Association Act), require […]

Read More

“Preparing for a Busy Fall Season,” FLCAJ

Because most association fiscal years and elections coincide with the end of the calendar year, preparations should be underway for a busy fall season. Here are a few tips to ease the process: Make a “to-do” list of needed repairs or maintenance for the upcoming year. Maintain and review up-to-date financial data throughout the year […]

Read More

“How Does Your Collections Policy Stack Up?,” FLCAJ

Collection of your community’s assessments is critical to maintaining a steady flow of income to support the association’s maintenance responsibilities and maintain the association’s overall fiscal health. Yet with the more urgent day-to-day demands on property managers and volunteer board members, collections can often be neglected or completely overlooked. On day one, new board members […]

Read More

“Amendments Can Be Grouped For Voting,” News-Press

Q: My homeowners’ association is preparing to have the members vote on four different amendments to the governing documents. However, the association is proposing putting the four amendments to the owners in one vote, take it or leave it. It was my understanding that the association was required to put each amendment to a separate […]

Read More

“The Conflict Between a Shareholder’s Right to Inspect Financial Records and the Company’s Accountant-Client Privilege Under Florida Law,” Today’s General Counsel

It is not uncommon for a business or its executives to be presented with allegations of mismanagement or wrongdoing by a minority shareholder accompanied by requests for company financial records.  When such allegations arise, it is important for a business organization to be prepared to efficiently address the allegations while protecting its privileged communications with […]

Read More

“Opinion: Bill Would Benefit Condo Communities by Cutting Down on Support-Animal Fraud,” Miami Herald

Private residential communities currently deal with a plethora of Emotional Support Animal (ESA) requests, however there may be hope on the horizon. Newly filed bill, HB 209, could help grant some relief to those who are trying to fraudulently pass off their furry (or scaly companions), if it passes in the 2020 Florida legislative session. […]

Read More

“Spoliation of Evidence: A Trap for The Unwary in Age of Electronically Stored Information,” Proyecto Magazine

As computer technology continuously progresses, together with the ability to store large amounts of data at a relatively low cost, this article explores the heightened obligations imposed by courts for businesses to retain documents for longer periods of time than traditionally required under spoliation of evidence law. In our times of electronically stored information, the […]

Read More

“Directors May Abstain From Voting,” News-Press

Q: In your column of August 5, 2018, titled “Board President Should Vote,” you state that “[u]nder previous law, directors could only abstain from voting if they had a conflict of interest” and “[u]nder current law, directors are permitted to abstain from voting without articulating a reason, though the abstention must be noted in the […]

Read More

Americans With Disabilities Act (“ADA”) Accessibility for Websites

It is unclear from the current case law, guidance, and the ADA, whether a condominium association, with short term stays of thirty (30) days or less, must provide an accessible website for people with disabilities.   One of the only cases to address this situation is Dunn v. Phoenix West II, LLC, et al., 2016 WL […]

Read More